Ministers’ Deputies

Decisions

CM/Del/Dec(2008)1024   25 April 2008

———————————————

1024th meeting, 23 April 2008

Decisions adopted

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CONTENTS

Page

            List of those present................................................................................................................... 6

1. General questions

1.1        Adoption of the agenda............................................................................................................... 9

1.2        Preparation of forthcoming meetings........................................................................................... 9

1.3        Communication from the Secretary General and the Deputy Secretary General.............................. 10

1.4        Report of the Bureau................................................................................................................. 10

1.5        118th Session of the Committee of Ministers (Strasbourg, 7 May 2008) – Preparation................... 10

1.6        Study on the efficiency and effectiveness of committees and study on staff/activities ratio and

            working methods....................................................................................................................... 11

2. Democracy and political questions

           

2.1        Current political questions –

            Other questions........................................................................................................................... ⁺

- Statement by the Representative of Slovenia on behalf of the Presidency of the European Union

- Statement by the Representative of Georgia

- Statement by the Representative of Bosnia and Herzegovina

            - Statement by the Representative of Armenia

2.2        Situation in Cyprus....................................................................................................................... +

2.3        Monitoring Group (GT-SUIVI.AGO) – Report by the Chair on a visit by a delegation of the

            Ago Group to Armenia and Azerbaijan (29 March – 4 April 2008).................................................. 12

3. Parliamentary Assembly

3.1        2nd Part of the 2008 Session (Strasbourg, 14-18 April 2008)

            a. Communication by the Secretary General of the Parliamentary Assembly on the 2nd Part

            of the 2008 Session and other Assembly activities...................................................................... 12

            b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary

            questions (15 April 2008)............................................................................................................ 12

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

            a. Written Question No. 539 by Mr Hancock: “Laws discriminating against gay men in Gibraltar”..... 13

            b. Written Question No. 542 by Mrs Däubler-Gmelin: “The United States of America and

            international law”........................................................................................................................ 13

            c. Written Question No. 543 by Ms Lundgren: “Political punishment”............................................. 13

            d. Written Question No. 544 by Ms Acketoft: “Europe’s response to China’s human rights

            violations in Tibet”..................................................................................................................... 13

            e. Written Question No. 545 by Mrs Däubler-Gmelin: “Secret detentions and illegal transfers of

            detainees in Europe”.................................................................................................................. 13

4. Human rights

4.1        European Commission against Racism and Intolerance (ECRI)..................................................... 14

            a. Exchange of views with the Chair of ECRI

            b. Annual report on ECRI’s activities covering the period from 1st January to 31 December 2007

            c. Abridged report of the 45th plenary meeting (Strasbourg, 12-14 March 2008)

Page

4.2        Framework Convention for the Protection of National Minorities –

            Election of an expert to the list of experts eligible to serve on the Advisory Committee –

Candidates in respect of Bosnia and Herzegovina, of Liechtenstein, of Moldova, of Montenegro,

of San Marino, of Spain and of “the former Yugoslav Republic of Macedonia”............................. 14

4.3        “Sexual assaults linked to “date-rape drugs”” –

            Parliamentary Assembly Recommendation 1777 (2007)................................................................ 14

4.4        European Social Charter – Collective Complaint No. 38/2006 by the European Council of Police

            Trade Unions (CESP) against France.......................................................................................... 15

6. Social cohesion

6.1        “For a European convention on promoting public health policy in drug control” –

            Parliamentary Assembly Recommendation 1813 (2007)................................................................ 15

6.2        “Access to public spaces and amenities for people with disabilities” –

            Recommendation 208 (2007) of the Congress of Local and Regional Authorities of the

            Council of Europe..................................................................................................................... 15

6.3        “Balanced distribution of healthcare in rural regions” – Recommendation 223 (2007) of the

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

            “Ensuring territorial continuity of social services in rural regions” – Recommendation 224 (2007)

            of the Congress of Local and Regional Authorities of the Council of Europe................................ 16

6.4        “Challenges and opportunities for peripheral and sparsely populated regions” –

            Recommendation 225 (2007) of the Congress of Local and Regional Authorities of the

            Council of Europe..................................................................................................................... 16

10. Legal questions

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

            Abridged report of the 35th meeting (Strasbourg, 6-7 March 2008)............................................... 16

10.2      “Situation of longstanding refugees and displaced persons in South-Eastern Europe” –

            Parliamentary Assembly Recommendation 1802 (2007)................................................................ 16

10.3      Steering Committee on Bioethics (CDBI) – Draft Additional Protocol to the Convention

            on Human Rights and Biomedicine, on Genetic Testing for Health Purposes and its draft

            Explanatory Report.................................................................................................................... 17

10.4      “Community policing: local and regional authorities guaranteeing a new partnership” –

            Recommendation 216 (2007) of the Congress of Local and Regional Authorities of the

            Council of Europe..................................................................................................................... 17

Page

APPENDICES

APPENDIX 1                 1024th meeting of the Ministers' Deputies

(Item 1.1)                      (Strasbourg, 23 (10 a.m.) April 2008)

                                    Agenda............................................................................................................. 18

APPENDIX 2                 1026th meeting of the Ministers' Deputies

(Item 1.2)                      (Strasbourg, 15 (10 a.m.) May 2008)

                                    Draft Agenda.................................................................................................... 22

APPENDIX 3                 1027th meeting of the Ministers' Deputies

(Item 1.2)                      (Strasbourg, 21 (10 a.m.) May 2008)

                                    Draft Agenda.................................................................................................... 24

APPENDIX 4                 Reply to Written Question No. 539 by Mr Hancock:

(Item 3.2a)                     “Laws discriminating against gay men in Gibraltar”............................................... 27

APPENDIX 5                 Reply to Parliamentary Assembly Recommendation 1777 (2007) on

(Item 4.3)                      “Sexual assaults linked to “date-rape drugs””....................................................... 28

APPENDIX 6                 Resolution CM/ResChS(2008)6

(Item 4.4)                      Complaint No. 38/2006

                                    by the European Council of Police Trade Unions (CESP) against France.............. 31

APPENDIX 7                 Reply to Recommendation 208 (2007)

(Item 6.2)                      of the Congress of Local and Regional Authorities of the Council of Europe

                                    on “Access to public spaces and amenities for people with disabilities”............... 34

APPENDIX 8                 Joint reply to Recommendations 223 (2007) and 224 (2007)

(Item 6.3)                      of the Congress of Local and Regional Authorities of the Council of Europe

                                    on “Balanced distribution of healthcare in rural regions” and “Ensuring territorial

                                    continuity of social services in rural regions”....................................................... 39

APPENDIX 9                 Reply to Recommendation 225 (2007)

(Item 6.4)                      of the Congress of Local and Regional Authorities of the Council of Europe

                                    on “Challenges and opportunities for peripheral and sparsely populated regions”.. 41

APPENDIX 10               Reply to Recommendation 216 (2007)

(Item 10.4)                     of the Congress of Local and Regional Authorities of the Council of Europe

                                    on “Community policing: local and regional authorities guaranteeing a new

                                    partnership”....................................................................................................... 43

The 1024th meeting of the Ministers’ Deputies opened on 23 April 2008 at 10.00 a.m. under the chairmanship of Mr E. Kuchár, Deputy for the Minister for Foreign Affairs of the Slovak Republic.

PRESENT

ALBANIA

Ms        M.        Gega

Mr        F.         Peni

Mr        M.        Meminaj

ANDORRA

Ms        F.         Aleix

ARMENIA

Mr        C.         Ter Stepanian

Ms        L.         Daneghyan

Ms        O.         Davtian

Ms        N.         H ambarzumyan

Mr        A.         Hovhannisyan

AUSTRIA

Mr        W.        Ettmayer

AZERBAIJAN

Mr        A.         Mammadov

Mr        M.        Kangarlinski

Mr        J.         Musayev

Mr        H.         Nasibov

BELGIUM

Mr        F.         Bontemps

BOSNIA AND HERZEGOVINA

Ms        M.        Sidran-Kamisalic

Ms        M.        Dimitrijevic

BULGARIA

Mr        I.          Petkov

Mrs       L.         Draganova

Ms        E.         Tomova

Mr        K.         Bojanov

CROATIA

Mr        D.         Bučan

Mrs       P.         Leppee Fraize

CYPRUS

Mr        M.        Stavrinos

Mr        D.         Samuel

Mr        G.         Ioannides

CZECH REPUBLIC

Mr        P.         Svoboda

Mr        O.         Abrhám

Ms        K.         Markovová

DENMARK

Mr        C.         Oldenburg

Mr        H.         Svoldgaard

ESTONIA

Mr        S.         Kannike

Mr        I.          Siil

Mrs       N.         Luts

Mr        E.         Harremoes

FINLAND

Ms        I.          Ertman

Ms        A.-C.     Krank

Mr        P.         Kotilainen

FRANCE

Mr        B.         Gain

Ms        M.-A.    Bourdin

Ms        C.         Schmerber

Ms        C.         Larene

GEORGIA

Mr        Z.         Tchiaberashvili

Mr        M.        Jgenti

Ms        L.         Goginava

GERMANY

Mr        E.         Kölsch

Mr        A.         Klaßen

Ms        C.         Althauser

GREECE

Mr        A.         Dendoulis

Mr        D.         Karabalis

Mr        G.         Daskalopoulos

HUNGARY

Ms        J.         József

Mr        V.         Garai

Mr        B.         Horváth

ICELAND

Ms        P.M.     Rúnarsdóttir

Ms        L.         Arnlaugsdóttir

IRELAND

Ms        M.        Hennessy

Ms        M.        Connery

Mr        P.         Memery

Mr        N.         Sheerin

ITALY

Mr        P.         Lonardo

Mr        A.         Verde

LATVIA

Mrs       I.          Freimane-Deksne

LIECHTENSTEIN

Mr        D.         Ospelt

LITHUANIA

Mr        N.         Germanas

Ms        N.         Juodkaitė-Putrimienė

LUXEMBOURG

Mr        R.         Mayer

MALTA

Mr        J.         Licari

Mr        M.        Pace

MOLDOVA

Mr        A.         Neguta

Mr        S.         Mihov

Ms        R.         Postu

Ms        N.M.     Vlada-Buga

MONACO

Mrs       C.         Gastaud

MONTENEGRO

Mr        Z.         Janković

Mr        I.          Ivanišević

NETHERLANDS

Mr        J.         van der Velden

Mr        M.        van der Kolk

Mr        G.C.     de Boer

Ms        M.        Ouwens

NORWAY

Mr        T.         Frøysnes

Ms        T.         Kongsvik

Ms        E.         Widsteen

POLAND

Mr        P.         Świtalski

Mr        J.         Kasprzyk

Mr        K.         Piórkowski

Ms        A.         Wyżnikiewicz

PORTUGAL

Mr        A.         Madeira Bárbara

Mr        J.         Patricio

Mr        L.         Sequeira

ROMANIA

Mr        S.         Stoian

Mr        N.         Nastase

Mr        C.H.      Rogoveanu

Mr        L.         Flueraru

RUSSIAN FEDERATION

Mr        A.         Alekseev

Mr        I.          Kapyrin

Mr        V.         Egorov

Mr        S.         Veselovskiy

Mr        V.         Ermakov

Mr        V.         Kashin-Padun

Mr        I.          Maltsev

Mr        I.          Subbotin

SAN MARINO

Mr        G.         Bellatti Ceccoli

SERBIA

Ms        S.         Prica

Ms        K.         Lalic Smajevic

Ms        T.         Rastovac Siamashvili

Mr        I.          Vucinic

SLOVAK REPUBLIC

Mr        E.         Kuchár, Chairman

Mr        J.         Kubla

Ms        E.         Kimlikova

Ms        I.          Kasárová

Ms        M.        Lukáčiková

SLOVENIA

Mrs       M.        Bole

Mrs       M.        Kušer

Mr        J.         Brenčič

SPAIN

Mr        A.         Navarro de Zuvillaga

Mr        P.         Desportes

SWEDEN

Mr        P.         Sjögren, Vice-Chairman

Mr        B.         Häggmark

Mr        M.        Molander

SWITZERLAND

Mr        P.         Widmer

Mr        M.        Wey

Ms        B.         Schaer

“THE FORMER

YUGOSLAV REPUBLIC

OF MACEDONIA”

Ms        E.         Petrova-Mitevska

Ms        O.         Vasilevska

TURKEY

Mr        K.         Esener

Ms        N.         Darama

Mr        T.         Oral

Mr        T.         Bilgiç

UKRAINE

Mr        Y.         Perelygin

Mr        A.         Kuzmenko

Ms        N.         Shakuro

UNITED KINGDOM

Ms        E.         Fuller

Ms        H.         Mulvein

Ms        P.         Gordon

*

*        *

EUROPEAN COMMISSION

Ms        L.         Pavan-Woolfe

*

*        *

CANADA

-

HOLY SEE

Rev.     F.         Kolfhaus

JAPAN

Mr        T.         Kawada

MEXICO

Ms        A.R.      Arizmendi

UNITED STATES OF AMERICA

-

Item 1.1

Adoption of the agenda

Decisions

The Deputies

1.         agreed to postpone the following item to their 1027th meeting (21 May 2008):

6.1

“For a European convention on promoting public health policy in drug control” – Parliamentary Assembly Recommendation 1813 (2007)

2.         agreed to postpone the following item to their 1031st meeting (2 July 2008):

10.1

Committee of Legal Advisers on Public International Law (CAHDI) – Abridged report of the 35th meeting (Strasbourg, 6-7 March 2008)

3.         agreed to postpone the following item to one of their forthcoming meetings:

10.2

“Situation of longstanding refugees and displaced persons in South-Eastern Europe” – Parliamentary Assembly Recommendation 1802 (2007)

4.         agreed to add the following sub-items to the agenda of their 1024th meeting:

2.1

Current political questions – Other questions - Statement by the Representative of Slovenia on behalf of the Presidency of the European Union - Statement by the Representative of Georgia - Statement by the Representative of Bosnia and Herzegovina - Statement by the Representative of Armenia

5.         taking into account decisions 1 to 4 above, adopted the agenda of their 1024th meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.2

Preparation of forthcoming meetings

Decisions

The Deputies

1.         approved the draft agenda for their 1026th meeting (15 (10 a.m.) May 2008), as it appears at Appendix 2 to the present volume of Decisions;

2.         approved the draft agenda for their 1027th meeting (21 (10 a.m.) May 2008), as it appears at Appendix 3 to the present volume of Decisions.

Item 1.3

Communication from the Secretary General and the Deputy Secretary General

(SG/Com(2008)1024)

Decision

The Deputies took note of the communication by the Secretary General and the Deputy Secretary General, as it appears in document SG/Com(2008)1024.

Item 1.4

Report of the Bureau

(CM/Bur/Del(2008)6)

Decisions

The Deputies

1.         agreed to have informal discussions with the Head of Protocol and to come back if necessary to the question of establishing a Committee on relations with the host country at one of their forthcoming meetings;  

2.         agreed to appoint the two members of the Committee of Ministers to participate in the Stakeholder’s Platform responsible for the implementation of the Strategy on Innovation and Good Governance at Local Level:

-           Ambassador Eberhard Kölsch, Permanent Representative of Germany, in his capacity as Chair of the Rapporteur Group on Democracy (GR-DEM); and

-           Ambassadaor Neris Germanas, Permanent Representative of Lithuania, in his capacity as Thematic Co‑ordinator on Local and Regional Co-operation (TC-LARC);

3.         took note of the report of the meeting of the Bureau of 21 April 2008 (document CM/Bur/Del(2008)6) and approved the other recommendations contained therein.

Item 1.5

118th Session of the Committee of Ministers (Strasbourg, 7 May 2008) –

Preparation

(CM/Del/Dec(2008)1021/1.5, CM/Del/Dec(2008)1022/1.5, CM/Del/Dec(2008)1023/1.5, CM(2008)47-prov, CM(2008)OJ1 prov3)

Decisions

The Deputies

1.         decided that the following current political topic will be included in the draft agenda of the Session:

            - The Council of Europe and the situation in South-East Europe;

2.         took note of the draft annotated agenda of the 118th Session of the Committee of Ministers, as it appears in document CM(2008)OJ1-prov4;

3.         agreed to resume consideration of the preparation of the 118th Session at their 1025th meeting (30 April 2008).

Item 1.6

Study on the efficiency and effectiveness of committees and study on staff/activities ratio and working methods

(GT-REF.INST(2008)3, DD(2007)548, GT-REF.INST(2008)2 and DD(2007)547)

Decisions

The Deputies

1.         took note of the report of the Chair of the GT-REF.INST as it appears in document GT‑REF.INST(2008)CB3 and, in this context:

Concerning the study on the efficiency and effectiveness of committees

2.         took note of the study on the efficiency and effectiveness of committees (document DD(2007)548) and of the proposals for follow-up action (document GT-REF.INST(2008)3) and

-           invited the steering committees to regularly review the priorities and the work in their field of competence, as well as their working methods, in contributing to the core objective of the Organisation as decided at the Warsaw Summit and, in this respect, recalled the importance they attach to the document CM(2006)101-final on establishing criteria for projects;

-           in this light, invited the GT-REF-INST to regularly examine the follow-up to be given to the document CM(2006)168 on the rationalisation of intergovernmental committees, and to put forward suggestions for their further rationalisation, as necessary;

 

3.         invited the Secretary General, in the light of the observations made during the meetings of the
GT-REF.INST (26 February and 27 March 2008), to give follow-up to the study taking into account the need to:

-           constantly assess whether the structure and terms of reference of the committees are in line with the priorities set by the Committee of Ministers and make proposals as appropriate;

-           propose ways and means for increasing efficiency, effectiveness and flexibility in the functioning of committees whilst ensuring the representation of the diversity of views of all member states in their work;

-           consider how communication between the Secretariat, permanent representations and experts of the steering committees on issues concerning the effective functioning of committees could be improved, in particular with regard to transparency and communication flows;

4.         agreed to transmit the study on the efficiency and effectiveness of committees and document GT‑REF.INST(2008)3, together with these decisions, to steering committees and other committees involved in implementing the intergovernmental programmes of activities for information, as well as the Budget Committee, for information and for possible comments;

Concerning the study on staff/activities ratio and working methods

5.         took note of the study on staff/activities ratio and working methods (document DD(2007)547) and of the proposals for follow-up action (document GT-REF.INST(2008)2) and, in this respect, recalled the importance they attach to the document CM(2006)101-final on establishing criteria for projects;

6.         invited the Secretary General, in the light of the observations made during the meetings of the GT‑REF.INST (26 February and 27 March 2008),

-           to pursue efforts to streamline the Secretariat;

-           to keep them informed of the follow-up given to the study’s recommendations when pursuing the reform of the human resources policy and of organisational structures;

7.         agreed to transmit the study on staff/activities ratio and working methods and document GT‑REF.INST(2008)2, together with these decisions, to the Budget Committee, for information and for possible comments;

8.         instructed the GT-REF.INST and their Rapporteur Group on Administrative and Budgetary Questions (GR-AB), as appropriate, to examine progress of the reform measures on a regular basis.

Item 2.3

Monitoring Group (GT-SUIVI.AGO) –

Report on a visit by a delegation of the Ago Group to Armenia and Azerbaijan

(29 March – 4 April 2008)

(CM(2008)58)

Decision

The Deputies agreed to resume consideration of this item at their 1025th meeting (30 April 2008).

Item 3.1a

Parliamentary Assembly –

2nd part of the 2008 Session (Strasbourg, 14-18 April 2008)

a.         Communication by the Secretary General of the Parliamentary Assembly on the 2nd part of the 2008 Session and other Assembly activities

(SG-AS(2008)04)

Decision

The Deputies took note of the communication by the Secretary General of the Parliamentary Assembly on the 2nd part of the 2008 Session and other Assembly activities, as it appears in document SG-AS(2008)04.

Item 3.1b

Parliamentary Assembly –

2nd part of the 2008 Session (Strasbourg, 14-18 April 2008)

b.         Communication by the Chairman of the Committee of Ministers and replies to parliamentary questions (15 April 2008)

(CM/AS(2008)3, CM/AS(2008)4, AS(2008)CR13 and AS(2008)CR13 Addendum)

Decisions

The Deputies

1.         took note of the report of Mr Ján Kubiš, Minister for Foreign Affairs of Slovakia and Chair of the Committee of Ministers, to the Parliamentary Assembly (document CM/AS(2008)3) and of his statement (document CM/AS(2008)4);

2.         took note of the replies given to parliamentary questions by the Chairman of the Committee of Ministers, at the 2nd part of the 2008 Session (15 April 2008) (documents AS(2008)CR13 and AS(2008)CR13 Addendum).

Item 3.2a

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

a.         Written Question No. 539 by Mr Hancock: “Laws discriminating against gay men in Gibraltar”

(CM/Del/Dec(2008)1017/3.2b, CM/Del/Dec(2008)1023/3.1a, CM/AS(2008)Quest539-prov2)

Decision

The Deputies adopted the reply to Written Question No. 539 by Mr Hancock: “Laws discriminating against gay men in Gibraltar”, as it appears at Appendix 4 to the present volume of Decisions.[1]

Item 3.2b,c,d,e

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

b.         Written Question No. 542 by Mrs Däubler-Gmelin: “The United States of America and international law”

(CM/AS(2008)Quest542)

c.         Written Question No. 543 by Ms Lundgren: “Political punishment”

(CM/AS(2008)Quest543)

d.         Written Question No. 544 by Mrs Acketoft: “Europe’s response to China’s human rights violations in Tibet”

(CM/AS(2008)Quest544)

e.         Written Question No. 545 by Mrs Däubler-Gmelin: “Secret detentions and illegal transfers of detainees in Europe”

(CM/AS(2008)Quest545)

Decisions

The Deputies

1.         instructed the Secretariat to prepare draft replies to Written Questions Nos. 542, 543, 544 and 545 in light of the views expressed at the present meeting;

2.         agreed to resume consideration of these questions at one of their forthcoming meetings.

Item 4.1a,b,c

European Commission against Racism and Intolerance (ECRI)

a.         Exchange of views with the Chair of ECRI

b.         Annual report on ECRI’s activities covering the period from 1st January to 31 December 2007

c.         Abridged report of the 45th plenary meeting (Strasbourg, 12-14 March 2008)

(CM(2008)46, CM(2008)46-add1 (confidential), CM(2008)46-add2)

Decisions

The Deputies

1.         agreed to transmit ECRI’s country-by-country reports on Liechtenstein, Malta, Moldova, San Marino and Serbia to the governments in question;

2.         took note of ECRI’s annual report for 2007, as it appears in document CM(2008)47-add2;

3.         took note of the abridged report of ECRI’s 45th meeting, as it appears in document CM(2008)46, as a whole.

Item 4.2

Framework Convention for the Protection of National Minorities –

Election of an expert to the list of experts eligible to serve on the Advisory Committee –

Candidates in respect of Bosnia and Herzegovina, of Liechtenstein, of Moldova, of Montenegro, of San Marino, of Spain and of “the former Yugoslav Republic of Macedonia”

This item was withdrawn.

Item 4.3

“Sexual assaults linked to “date-rape drugs”” –

Parliamentary Assembly Recommendation 1777 (2007)

(REC_1777(2007), CM/AS(2008)Rec1777-prov2)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1777 (2007) on “Sexual assaults linked to “date-rape drugs””, as it appears at Appendix 5 to the present volume of Decisions.[2]

Item 4.4

European Social Charter –

Complaint No. 38/2006 by the European Council of Police Trade Unions (CESP) against France

(Report from the European Committee of Social Rights to the Committee of Ministers)

Decision

In conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, the Deputies, in their composition restricted to the representatives of the Contracting Parties to the European Social Charter or to the Revised European Social Charter in the Committee of Ministers,[3] adopted Resolution CM/ResChS(2008)6, as it appears at Appendix 6 to the present volume of Decisions.

Item 6.1

“For a European convention on promoting public health policy in drug control” –
Parliamentary Assembly Recommendation 1813 (2007)

This item was postponed under item 1.1.

Item 6.2

“Access to public spaces and amenities for people with disabilities” –

Recommendation 208 (2007) of the Congress of Local and Regional Authorities of the Council of Europe

(Congress Rec_208(2007) and CM/Cong(2008)Rec208-prov)

Decision

The Deputies adopted the reply to Congress Recommendation 208 (2007) on “Access to public spaces and amenities for people with disabilities”, as it appears at Appendix 7 to the present volume of Decisions.[4]

Item 6.3

“Balanced distribution of healthcare in rural regions” and “Ensuring territorial continuity of social services in rural regions” –

Recommendations 223 (2007) and 224 (2007) of the Congress of Local and Regional Authorities of the Council of Europe

(Congress Rec_223(2007) and Congress Rec_224(2007), CM/Cong(2008)Rec223-224-prov)

Decision

The Deputies adopted the joint reply to Congress Recommendations 223 (2007) and 224 (2007) on “Balanced distribution of healthcare in rural regions” and “Ensuring territorial continuity of social services in rural regions”, as it appears at Appendix 8 to the present volume of Decisions.[5]

Item 6.4

“Challenges and opportunities for peripheral and sparsely populated regions” –

Recommendation 225 (2007) of the Congress of Local and Regional Authorities of the Council of Europe

(Congress Rec_225(2007) and CM/Cong(2008)Rec225-prov)

Decision

The Deputies adopted the reply to Congress Recommendation 225 (2007) on “Challenges and opportunities for peripheral and sparsely populated regions”, as it appears at Appendix 9 to the present volume of Decisions.[6]

Item 10.1

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

Abridged report of the 35th meeting (Strasbourg, 6-7 March 2008)

This item was postponed under item 1.1.

Item 10.2

“Situation of longstanding refugees and displaced persons in South-Eastern Europe” –

Parliamentary Assembly Recommendation 1802 (2007)

(REC_1802(2007), CM/AS(2008)Rec1802-prov2)

This item was postponed under item 1.1.

Item 10.3

Steering Committee on Bioethics (CDBI) –

Draft Additional Protocol to the Convention on Human Rights and Biomedicine, concerning Genetic Testing for Health Purposes and its Explanatory Report

(CM(2007)128-rev, CM(2007)128-addrev, Parliamentary Assembly Opinion No. 267 (2008), GR-J(2008)4)

Decisions

The Deputies

1.         approved the draft Additional Protocol to the Convention on Human Rights and Biomedicine concerning Genetic Testing for Health Purposes, as it appears in document CM(2007)128-rev;

2.         invited the Ministers to adopt the Protocol on the occasion of the 118th Ministerial Session (7 May 2008) and to open it for signature at a date to be fixed;

3.         invited the Ministers to take note of the Explanatory Report to the Protocol, as it appears in document CM(2007)128-addrev on the occasion of the 118th Ministerial Session (7 May 2008).

Item 10.4

“Community policing: local and regional authorities guaranteeing a new partnership” –

Recommendation 216 (2007) of the Congress of Local and Regional Authorities of the Council of Europe

(Congress REC_216(2007), CM/Cong(2008)Rec216-prov)

Decision

The Deputies adopted the reply to Recommendation 216 (2007) of the Congress of Local and Regional Authorities of the Council of Europe on “Community policing: local and regional authorities guaranteeing a new partnership”, as it appears at Appendix 10 to the present volume of Decisions.[7]

Appendix 1

(Item 1.1)

1024 Meeting of the Ministers' Deputies
(Strasbourg, 23 (10 a.m.) April 2008)

Agenda

1.	General questions
1.1	Adoption of the agenda             (CM/Del/OJ(2008)1024)
1.2	Preparation of forthcoming meetings             (CM/Notes/1024/1.2 of 22.4.2008)
1.3	Communication from the Secretary General and the Deputy Secretary General             (SG/Com(2008)1024)
1.4	Report of the Bureau             (CM/Bur/Del(2008)6)
1.5	118th Session of the Committee of Ministers (Strasbourg, 7 May 2008) – Preparation              (CM/Del/Dec(2008)1021/1.5, CM/Del/Dec(2008)1022/1.5, CM/Del/Dec(2008)1023/1.5, CM(2008)47 prov and CM(2008)OJ1-prov2)             (CM/Notes/1024/1.5 of 17.4.2008)
1.6	Study on the efficiency and effectiveness of committees and study on staff/activities ratio and working methods (Item prepared by the GT-REF.INST on 27.3.2008)             (GT-REF.INST(2008)2 and DD(2007)547, GT-REF.INST(2008)3 and DD(2007)548,                 GT-REF.INST(2008)CB3)                 (CM/Notes/1024/1.6 of 2.4.2008)
2.	Democracy and political questions
2.1	Current political questions – Other questions - Statement by the Representative of Slovenia on behalf of the Presidency of the European Union - Statement by the Representative of Georgia - Statement by the Representative of Bosnia and Herzegovina - Statement by the Representative of Armenia
2.2	Situation in Cyprus
2.3	Monitoring Group (GT-SUIVI.AGO) – Report by the Chair on a visit by a delegation of the Ago Group to Armenia and Azerbaijan (29 March – 4 April 2008)             (CM(2008)58 of 17.4.2008)                 (CM/Notes/1024/2.3 of 22.4.2008)

3.	Parliamentary Assembly
3.1	2nd Part of the 2008 Session (Strasbourg, 14-18 April 2008) a. Communication by the Secretary General of the Parliamentary Assembly on the 2nd Part of the 2008 Session and other Assembly activities b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary questions (15 April 2008)             (SG/AS(2008)4, CM/AS(2008)3 and CM/AS(2008)4, AS(2008)CR13 and                 AS(2008)CR13 add)             (CM/Notes/1024/3.1 of 16.4.2008)
3.2	Written Questions by members of the Parliamentary Assembly to the Committee of Ministers a. Written Question No. 539 by Mr Hancock: “Laws discriminating against gay men in Gibraltar”             (CM/Del/Dec(2008)1017/3.2b, CM/Del/Dec(2008)1023/1.1 and CM/AS(2008)Quest539-prov2)                 (CM/Notes/1024/3.2a of 10.4.2008) b. Written Question No. 542 by Mrs Däubler-Gmelin: “The United States of America and international law”             (CM/AS(2008)Quest542) c. Written Question No. 543 by Ms Lundgren: “Political punishment”             (CM/AS(2008)Quest543) d. Written Question No. 544 by Ms Acketoft: “Europe’s response to China’s human rights violations in Tibet”             (CM/AS(2008)Quest544) e. Written Question No. 545 by Mrs Däubler-Gmelin: “Secret detentions and illegal transfers of detainees in Europe”                 (CM/AS(2008)Quest545)                 (CM/Notes/1024/3.2bcde of 15.4.2008)
4.	Human rights
4.1	European Commission against Racism and Intolerance (ECRI) a. Exchange of views with the Chair of ECRI b. Annual report on ECRI’s activities covering the period from 1st January to 31 December 2007             (CM(2008)46-add2) c. Abridged report of the 45th plenary meeting (Strasbourg, 12-14 March 2008)                 (CM(2008)46 and CM(2008)46-add1 (confidential))                                 (CM/Notes/1024/4.1 of 9.4.2008)

4.2	Framework Convention for the Protection of National Minorities – Election of an expert to the list of experts eligible to serve on the Advisory Committee – Candidates in respect of Bosnia and Herzegovina, of Liechtenstein, of Moldova, of Montenegro, of San Marino, of Spain and of “the former Yugoslav Republic of Macedonia”
(Item withdrawn)
4.3	“Sexual assaults linked to “date-rape drugs”” – Parliamentary Assembly Recommendation 1777 (2007) (Item prepared by the TC-EG, and the GR-J on 21.4.2008)             (REC_1777(2007) and CM/AS(2007)Rec1777-prov2)                 (CM/Notes/1024/4.3 of 21.4.2008)
4.4	European Social Charter – Collective Complaint No. 38/2006 by the European Council of Police Trade Unions (CESP) against France             (Report from the European Committee of Social Rights to the Committee of Ministers                 (secret document distributed by the Chair of the Deputies))                 (CM/Notes/1024/4.4 of 2.4.2008)
6.	Social cohesion
6.1	“For a European convention on promoting public health policy in drug control” – Parliamentary Assembly Recommendation 1813 (2007) (Item examined by the GR-SOC on 14.5.2008)
(Item postponed)
6.2	“Access to public spaces and amenities for people with disabilities” – Recommendation 208 (2007) of the Congress of Local and Regional Authorities of the Council of Europe (Item prepared by the GR-SOC on 9.4.2008)             (Congress Rec_208(2007) and CM/Cong(2008)Rec208-prov)             (CM/Notes/1024/6.2 of 11.4.2008)
6.3	“Balanced distribution of healthcare in rural regions” – Recommendation 223 (2007) of the Congress of Local and Regional Authorities of the Council of Europe and “Ensuring territorial continuity of social services in rural regions” – Recommendation 224 (2007) of the Congress of Local and Regional Authorities of the Council of Europe (Item prepared by the GR-SOC on 9.4.2008)             (Congress Rec_223(2007), Congress Rec_224(2007) and CM/Cong(2008)Rec223-224-prov)             (CM/Notes/1024/6.3 of 11.4.2008)
6.4	“Challenges and opportunities for peripheral and sparsely populated regions” – Recommendation 225 (2007) of the Congress of Local and Regional Authorities of the Council of Europe (Item prepared by the GR-SOC on 9.4.2008)             (Congress Rec_225(2007) and CM/Cong(2008)Rec225-prov)             (CM/Notes/1024/6.4 of 11.4.2008)
10.	Legal questions
10.1	Committee of Legal Advisers on Public International Law (CAHDI) – Abridged report of the 35th meeting (Strasbourg, 6-7 March 2008)
(Item postponed)

10.2	“Situation of longstanding refugees and displaced persons in South-Eastern Europe” – Parliamentary Assembly Recommendation 1802 (2007)
(Item postponed)
10.3	Steering Committee on Bioethics (CDBI) – Draft Additional Protocol to the Convention on Human Rights and Biomedicine, on Genetic Testing for Health Purposes and its draft Explanatory Report (Item prepared by the GR-J on 21.4.2008)             (Parliamentary Assembly Opinion No. 267 (2008), CM(2007)128-rev, CM(2007)128-addrev,                 GR-J(2008)4)                 (CM/Notes/1024/10.3 of 21.4.2008)
10.4	“Community policing: local and regional authorities guaranteeing a new partnership” – Recommendation 216 (2007) of the Congress of Local and Regional Authorities of the Council of Europe (Item prepared by the GR-J on 21.4.2008)             (Congress Rec_216(2007) and CM/Cong(2008)Rec216-prov)             (CM/Notes/1024/10.4 of 21.4.2008)
13.	Any other business

Appendix 2

(Item 1.2)

1026 Meeting of the Ministers' Deputies
(Strasbourg, 15 (10 a.m.) May 2016)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 16 April 2016
Notes: 2 May 2016

1.	General questions
1.1	Adoption of the agenda             (CM/Del/OJ(2008)1026)
1.2	Preparation of forthcoming meetings
1.3	Communication from the Secretary General and the Deputy Secretary General             (SG/Com(2008)1026)
1.4	Report of the Bureau
1.5	Conferences of Specialised Ministers – State of preparation             (CM/Inf(2008)20)             (CM/Notes/1026/1.5 of …)
1.6	Co‑operation between the Council of Europe and the European Union Agency for Fundamental Rights – Draft Agreement between the Council of Europe and the European Community             (CM(2008)74 of 18.4.2008)             (CM/Notes/1026/1.6 of …)
2.	Democracy and political questions
2.1	Current political questions
2.2	Situation in Cyprus
2.3	Centre of expertise for local government reform – Annual activity report (Item to be prepared by the GR-DEM on 24.4.2008)             (CM(2008)69 of …)                 (CM/Notes/1026/2.3 of …)
2.4	Ad hoc Committee on e-democracy (CAHDE) – Renewal of the terms of reference (Item to be prepared by the GR-DEM on 24.4.2008)             (CM/Notes/1026/2.4 of …)

4.	Human rights
4.1	European Commission against Racism and Intolerance (ECRI) – Nomination of a member and deputy to the member of ECRI in respect of San Marino (Item to be prepared by the GR-H on 29.4.2008)             (Resolution Res(2002)8 and DG-HL(2008)4)             (CM/Notes/1026/4.1 of …)
4.2	Framework Convention for the Protection of National Minorities – Election of an expert to the list of experts eligible to serve on the Advisory Committee a. Candidates in respect of Moldova (Item to be prepared by the GR-H)             (CM(2008)44)                 (CM/Notes/1026/4.2 of …)
6.	Social cohesion
6.1	Contacts between the Council of Europe and the European Roma and Travellers Forum in the framework of the Partnership Agreement (Item to be prepared by the GR-SOC on 9.4.2008)             (CM(2008)42-rev)                 (CM/Notes/1026/6.1 of …)
10.	Legal questions
10.1	European Commission for Democracy through Law (Venice Commission) a. Hearing with the President b. Annual report of activities for 2007             (CM(2008)60) c. Request by Tunisia for membership of the Enlarged Agreement on the European Commission for Democracy through Law d. Request for co-operation with the Venice Commission from the Palestinian Authority             (CM/Notes/1026/10.1 of …)
13.	Any other business

Appendix 3

(Item 1.2)

1027 Meeting of the Ministers' Deputies
(Strasbourg, 21 (10 a.m.) May 2016)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 23 April 2016
Notes: 7 May 2016

1.	General questions
1.1	Adoption of the agenda             (CM/Del/OJ(2008)1027)
1.2	Preparation of forthcoming meetings             (CM/Notes/1027/1.2 of …)
1.3	Communication from the Secretary General and the Deputy Secretary General             (SG/Com(2008)1027)
1.4	Report of the Bureau             (CM/Bur/Del(2008)…)
1.5	118th Session of the Committee of Ministers (Strasbourg, 7 May 2008) – Follow-up             (CM/Notes/1027/1.5 of …)
1.6	Road map for the implementation of the Council of Europe Communication Strategy (Item prepared by the TC-INF on 9.4.2008)             (TC-INF(2008)1)                 (CM/Notes/1027/1.6 of …)
2.	Democracy and political questions
2.1	Current political questions a. Activities for the development and consolidation of democratic stability (Item to be prepared by the GR-DEM on 20.5.2008) b. Other questions                 (CM/Notes/1027/2.1 of …)
2.2	Situation in Cyprus

4.	Human rights
4.1	Task Force to combat violence against women, including domestic violence (EG-TFV) – Abridged reports of the 6th meeting (Strasbourg, 19-22 February 2008) and of the 7th meeting (Strasbourg, 1-4 April 2008) (Item to be prepared by the TC-EG)             (CM(2008)…)                 (CM/Notes/1027/4.1 of …)
6.	Social cohesion
6.1	Committee of Experts on Social Security (CS-SS) a. Abridged report of the 3rd meeting (Strasbourg, 1-3 April 2008) b. Draft Resolutions ResCSS(2008).. on the application of the European Code of Social Security and its Protocol (period 1 July 2006 to 30 June 2007) (Item to be prepared by the GR-SOC on 14.5.2008)             (CM(2008)71)                 (CM/Notes/1027/6.1 of …)
6.2	European Roma and Travellers’ Forum – Internal auditor’s report on the proper use of the financial contribution granted by the Council of Europe to the Forum in 2005 and 2006 (Item to be prepared by the GR-SOC on 14.5.2008)             (CM(2008)73)                 (CM/Notes/1027/6.2 of …)
6.3	European Pharmacopoeia – European Committee on Organ Transplantation (CD-P-TO) – Abridged report of the 3rd meeting (Strasbourg, 11-12 March 2008) (Item to be prepared by the GR-SOC on 14.5.2008)             (CM(2008)68)                 (CM/Notes/1027/6.3 of …)
6.4	“For a European convention on promoting public health policy in drug control” – Parliamentary Assembly Recommendation 1813 (2007) (Item to be prepared by the GR-SOC on 14.5.2008)             (REC_1813(2007) and CM/AS(2008)Rec1813-prov2)                 (CM/Notes/1027/6.4 of …)
6.5	“Activities and orientations of the Council of Europe Development Bank” – Parliamentary Assembly Recommendation 1818 (2007) (Item to be prepared by the GR-SOC on 14.5.2008)                 (REC_1818(2007) and CM/AS(2007)Rec1818-prov)                 (CM/Notes/1027/6.5 of …)

7.	Education and culture
7.1	European Resource Centre on education for democratic citizenship and intercultural education to be established by Norway and to operate in co-operation with the Council of Europe – Draft Memorandum of Understanding             (CM(2008)…)                 (CM/Notes/1027/7.1 of …)
11.	Administration and logistics
11.1	“Resources and budget of the Congress for 2009” – Recommendation 238 (2008) of the Congress of Local and Regional Authorities of the Council of Europe (Item to be prepared by the GR-AB on 14.5.2008)                 (Congress Rec_238(2008) and CM/Cong(2008)Rec238-prov)             (CM/Notes/1027/11.1 of …)
12.	Congress of Local and Regional Authorities of the Council of Europe
12.1	Exchange of views with the President of the Congress
13.	Any other business

Appendix 4

(Item 3.2a)

Reply to Written Question No. 539 by Mr Hancock: “Laws discriminating against gay men in Gibraltar”

(Adopted by the Committee of Ministers on 23 April 2008

at the 1024th meeting of the Ministers' Deputies)

1.         In reply to the Honourable Parliamentarian’s question, the Committee of Ministers recalls that it is strongly attached to the principle of equal rights of all human beings.  The Council of Europe’s message of tolerance and non-discrimination applies to all European societies, and discrimination on grounds of sexual orientation is not compatible with this message.

2.         The Committee of Ministers was informed by the United Kingdom that the legislation at issue is currently under review by the Government of Gibraltar.  The United Kingdom reaffirmed its commitment on lesbian, gay, bisexual and transgender (LGBT) issues, and indicated that the Government of Gibraltar is aware of the importance of compliance with the Convention, notably the principle of non-discrimination. The Committee of Ministers welcomes the assurance that the United Kingdom takes very seriously its full international responsibility for Gibraltar, and therefore its responsibility for Gibraltar’s compliance with the Convention, and encourages the United Kingdom to resolve this matter in the near future.  The Committee will keep the Parliamentary Assembly informed of developments on this matter.

Appendix 5

(Item 4.3)

Reply to Parliamentary Assembly Recommendation 1777 (2007)

on “Sexual assaults linked to “date-rape drugs””

(Adopted by the Committee of Ministers on 23 April 2008

at the 1024th meeting of the Ministers' Deputies)

1.         The Committee of Ministers has carefully considered Recommendation 1777 (2007) of the Parliamentary Assembly on “Sexual assaults linked to “date-rape drugs”” and welcomes this initiative by the Assembly, which falls within the overall context of the Council of Europe’s action against all forms of violence against women, who account for the great majority of the victims of these crimes. It has drawn this recommendation to the attention of the governments of its member states and has communicated it to the Steering Committee for Equality between Women and Men (CDEG), the European Committee on Crime Problems (CDPC) and the Pompidou Group, whose comments are appended hereto.

2.         The Committee of Ministers shares the Assembly’s concern about the sexual violence related to “date-rape drugs”. It regards any form of violence against women as a particularly serious violation of human rights.

3.         In reply to the proposal contained in paragraph 6.1 of the recommendation, it wishes to point out that Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence, which covers all forms of gender-based violence, proposes a comprehensive and integrated strategy to prevent violence and protect victims. It also covers the legislative aspects raised by the Assembly in paragraph 6.2.6 of its recommendation and provides for measures to care for victims and training programmes for all those involved in this care (cf. Appendix 1, comments of the Bureau of the CDEG).

4.         Recommendation Rec(2002)5 also provides for a monitoring framework to evaluate the progress made by the governments of the member states in implementing its provisions. The replies in the first round of monitoring were reviewed in a recent publication produced by the CDEG, “Combating violence against women – Stocktaking study of the measures and actions taken in Council of Europe member states”. This monitoring encourages member states to adopt a comprehensive and integrated approach to violence against women and thus contributes to a harmonised European approach to the issue.

5.         Recommendation Rec(2006)8 of the Committee of Ministers to member states on assistance to crime victims also contributes, through an appropriate directive approach, to ensure that the interests of the victims of sexual assaults committed through the use of “date-rape drugs” are taken into account.

6.         The Committee of Ministers also acknowledges the importance of information and awareness-raising about the risks associated with “date-rape drugs”, as recommended by the Assembly, while bearing in mind the concerns expressed by the Pompidou Group in paragraph 4 of its opinion. It considers that they could be included within the scope of general measures to prevent drug addiction and reduce at-risk behaviours, such as alcohol or multi-drug use, as well as within that of an overall policy for combating violence against women. In this connection, and on other questions raised in Recommendation 1777 (2007), it draws the Assembly’s attention to the comments made by the Pompidou Group (cf. Appendix 3). The Committee of Ministers would like also to draw the Assembly’s attention to the work currently underway within the CDPC, on the preparation of a possible binding international legal instrument to fight crime concerning counterfeit pharmaceutical products (cf. Appendix 2).

Appendix 1 to the reply

Comments by the Bureau of the Steering Committee for Equality between Women and Men (CDEG)

The CDEG Bureau thanks the Parliamentary Assembly for its Recommendation 1777 (2007) on “Sexual assaults linked to “date-rape drugs””, and welcomes the Assembly’s initiative.

With regard to paragraph 6.1, recommending that the Committee of Ministers instruct the intergovernmental bodies in the Council of Europe to examine the phenomenon and adopt a harmonised European approach to tackle it, the CDEG Bureau wishes to point out that “date-rape drugs” are one of the means of subduing non-consenting victims and that Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence, which covers all forms of gender-based violence, proposes a comprehensive, integrated strategy for preventing violence and protecting victims.

The CDEG Bureau therefore fully endorses paragraph 6.2.6 of the Assembly’s recommendation on the revision of rape and sexual assault legislation, in particular the question of consent. Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence proposes to “penalise any sexual act committed against non-consenting persons, even if they do not show signs of resistance”, “penalise sexual penetration of any nature whatsoever or by any means whatsoever of a non-consenting person” and “penalise any abuse of the vulnerability of a pregnant, defenceless, ill, physically or mentally handicapped or dependent victim”. Recommendation Rec(2002)5 also advocates measures for the treatment of victims and training programmes for all those involved in such treatment.

The CDEG Bureau also wishes to point out that Recommendation Rec(2002)5 invites governments to inform the Council of Europe of the action taken at national level. With this aim in mind, a monitoring framework to evaluate progress in the implementation of the recommendation was drawn up and sent to member states for the first time in 2005. The replies were assessed in the recent publication “Combating violence against women – Stocktaking study on the measures and actions taken in Council of Europe member states”. This encourages member states to take a comprehensive and integrated approach to dealing with violence against women and helps establish a harmonised European approach to dealing with the problem of violence against women.

The CDEG Bureau also welcomes the fact that the Assembly recommends that member states raise the awareness of both the public and the relevant authorities of member states to the danger of “date-rape drugs” and encourages the national authorities to alert the public that these drugs are increasingly being used to the detriment of both women and men. This approach should be part of a comprehensive strategy for combating violence against women, as advocated in Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence. The CDEG will certainly take into account this form of violence in its future work.

Appendix 2 to the reply

Comments by the Bureau of the European Committee on Crime Problems (CDPC)

After the adoption by the Parliamentary Assembly of Recommendation 1777 (2007) on “Sexual assaults linked to “date-rape drugs””, the Committee of Ministers decided to communicate it to the European Committee on Crime Problems (CDPC) and the other competent Council of Europe bodies for information and possible comments by 30 April 2007. Given that the CDPC will not be meeting in plenary before that date, the Bureau of the CDPC has studied the recommendation and decided to submit to the Committee of Ministers the following comments, which apply to its own sphere of competence:

The Bureau shares the view of the Parliamentary Assembly, which is alarmed at the increasingly frequent reports of cases of sexual violence linked to “date-rape drugs”. It is also in agreement as regards the need to raise awareness of drugs of this type in order to prevent sex offences committed through their use and ensure the successful prosecution of such offences.

The Bureau notes that criminal legislation in the Council of Europe member states considers rape and other sexual assaults as very serious offences.

The Bureau agrees that Recommendation Rec(2006)8 on assistance to crime victims could be an effective directive instrument for member states, to ensure that the interests of victims of sexual assaults committed through the use of “date-rape drugs” are taken into account.

The Bureau also notes that any future convention on pharmaceutical crime should improve control over access to “date-rape drugs”, thus preventing their illegal use more effectively.

Appendix 3 to the reply

Comments by the Pompidou Group

The Permanent Correspondents stress that rape constitutes a serious criminal offence independently of any limitation of the victim’s ability to give his or her consent. Many factors can influence that ability; intoxication by psychoactive substances is one of them.

The Pompidou Group member states are familiar with the problems relating to sexual assaults where the victims are under the influence of psychoactive substances known as “date-rape drugs”. However, insufficient data is available for it to be concluded that the number of sexual assaults linked to these drugs is increasing.

Scientific data shows that, in the area of sexual violence and abuse, alcohol is the most common cause of problems. It emerges from studies carried out all over Europe that the most common “date-rape drug” is in fact alcohol. The effects of alcohol are exacerbated by multi-drug use, i.e. the use of alcohol combined with other drugs. The combination of psychoactive substances increases their impact on a person’s ability to give his or her consent, whether they were taken voluntarily or not.

Consequently, when addressing the “date-rape drug” phenomenon, the most appropriate approach at present will be to gear preventive measures to at-risk behaviours, such as alcohol and multi-drug use. “Date‑rape drugs” should not be the subject of specific public awareness campaigns for prevention purposes. On the contrary, work on the prevention of drug addiction has proved that this type of campaign can have harmful effects. Specific information campaigns might draw greater attention to the possibility of administering drugs for the purposes of sexual abuse.

Given the paucity of conclusive data and the wide cultural variations which can be seen as regards drug use in Europe, the Permanent Correspondents feel that there is currently a good awareness of the problems relating to “date-rape drugs” in national contexts. Information on the risks associated with “date-rape drugs” should be included in general measures to prevent drug addiction instead of being specifically highlighted, which could have negative consequences. The same applies to special measures to help the victims of sexual assaults linked to “date-rape drugs”. They should be offered the same support and the same treatment as other rape victims. All specific measures, such as testing for “date-rape drugs”, should be included in the overall process of assistance and care offered to all rape victims. Before any preventive action or measure is applied in respect of rape victims, its impact on individual rights should be carefully considered.

Given that measures are adopted and implemented with due regard to local contexts, the Permanent Correspondents urge national authorities to exchange points of view and share experience and information.

Appendix 6

(Item 4.4)

Resolution CM/ResChS(2008)6

Complaint No. 38/2006

by the European Council of Police Trade Unions (CESP) against France

(Adopted by the Committee of Ministers on 23 April 2008

at the 1024th meeting of the Ministers' Deputies)

The Committee of Ministers,[8]

Having regard to Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints,

Taking into consideration the complaint lodged on 20 October 2006 by the European Council of Police Trade Unions (CESP) against France,

Having regard to the report transmitted by the European Committee of Social Rights, in which the European Committee of Social Rights concluded unanimously that the French system for the payment of overtime worked by national police officers is in breach of Article 4§2 of the Revised Charter,

The Committee considered that the system of flat-rate payments for overtime established by Article 3 of Decree No. 2000-194 – resulting from the fact that, for national police officers, all such pay is determined with sole reference to salary point 342 – has the effect of denying the proper increase required by Article 4§2 of the Revised Charter to officers who cannot be excluded from entitlement to increased remuneration because of the nature of their duties. In particular, the functions of senior officers and commanders do not always equate to planning and management tasks,

Having regard to the information communicated by the French delegation during the 1019th meeting of the Ministers’ Deputies,

1.         Takes note of the statement made by the respondent government indicating that France undertakes to bring the situation into conformity with the Revised Charter by implementing measures to re-evaluate the compensation rate for the payment of overtime worked by national police officers and by amending Decree No. 2007-194 of 3 March 2000 and adopting Decree No. 2007-1430 of 4 October 2007 (see the Appendix to this resolution);

2.         Takes note of the adoption of Decree No. 2008-199 of 27 February 2008 (published in the Official Journal of 29 February 2008) on the remuneration for overtime work of certain civil servants, amending in particular Decree No. 2000-194 of 3 March 2000;

3.         Looks forward to France proving, on the occasion of the submission of the next report concerning the relevant provisions of the Revised European Social Charter, that the measures announced have been implemented, and keeping the Committee of Ministers regularly informed of all progress made.

Appendix to Resolution CM/ResChS(2008)6

During the 1019th meeting of the Ministers’ Deputies, on 27 February 2008, the Representative of France transmitted the following information:

PERMANENT REPRESENTATION OF FRANCE

TO THE COUNCIL OF EUROPE

________

1019th meeting of the Ministers’ Deputies (27-28 february 2008)

Agenda item 4.2.c.: European Social Charter:

Collective complaint No. 38/2006

European Council of Police Trade Unions against France

1.-  First of all, the French delegation welcomes the opportunity which the above collective complaint gives it of explaining to the Committee of Ministers the national regulations on compensation for overtime worked by serving members of the national police force.

2.- The French delegation confirms that the French legal system allows the courts to verify the compatibility of regulatory texts with international instruments. This being so, the compatibility of the decree contested before the CEDS by the European Council of Police Trade Unions could indeed have been verified by the domestic courts.[9]

3.-  The arrangements for overtime worked by serving police officers are subject to the following general rules:

Ø   Hours worked are either recovered in the form of time off, which is the rule, or remunerated, which is the exception.

Ø   Only police officers responsible for supervision and enforcement (urban police and lower ranks) and senior police officers may be remunerated for hours worked overtime under Decree No. 2000-194 of 3 March 2000.

Ø   All the police officers concerned are remunerated for these hours at a standard rate equivalent to 1/1900th of the gross index 342.

Ø   The hours for which police officers are remunerated are assessed on quotas which do not necessarily match the hours actually worked. For example, under the operating rules applying to the national police, 30 minutes’ overtime worked on a Sunday is recovered (or remunerated) on the basis of 2 hours, applying the principle that hours are indivisible, and a 200% weighting factor. In this particular example, payment of compensation at twice the hourly rate compensates, not for 2 hours’, but for 30 minutes’ work.

4.-  In order to bring the situation into line with the decision of the CEDS, the French delegation wishes to inform the Ministers’ Deputies that :

Ø   From 1 April 2008, national police officers will transfer to a scheme for higher ranks, one result being that overtime will no longer be calculated using the method contested in the collective complaint. Decree No. 2000-194 of 3 March 2000 is being amended accordingly. Under the projected scheme, national police officers will receive, via an up-graded bonus for higher ranks, appropriate compensation for overtime worked.

Ø   Moreover, an interministerial reform of overtime arrangements, which is now being introduced, provides for a 25% increase in overtime compensation rates.

Ø   Finally, overtime worked since 1 October 2007 is exempt from social charges and taxation under Decree No. 2007-1430 of 4 October 2007, which applies Act No. 2007-1223 to promote work, employment and purchasing power to public service personnel. This appreciably increases net remuneration for overtime by comparison with normal working hours, and also by comparison with the situation of those personnel on the date when the CEDS gave its decision.

Appendix 7

(Item 6.2)

Reply to Recommendation 208 (2007)
of the Congress of Local and Regional Authorities of the Council of Europe
on “Access to public spaces and amenities for people with disabilities”

(Adopted by the Committee of Ministers on 23 April 2008

at the 1024th meeting of the Ministers' Deputies)

1.         The Committee of Ministers has carefully considered Recommendation 208 (2007) of the Congress of Local and Regional Authorities of the Council of Europe on “Access to public spaces and amenities for people with disabilities” and brought it to the attention of the governments of the member states.  It has also forwarded the recommendation to the European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH), the Committee on the Rehabilitation and Integration of People with Disabilities (Partial Agreement) (CD-P-RR), the Governmental Committee of the European Social Charter and the Steering Committee on Local and Regional Democracy (CDLR).  It endorses the comments received from these bodies regarding the recommendation, which are appended to this reply. 

2.         The Committee of Ministers acknowledges the many obstacles faced by people with disabilities.  It shares the determination of the Congress to work towards ensuring equal rights for people with disabilities, and considers it crucial that all member states continue in their efforts to increase awareness-raising and take concrete action to alleviate the difficulties faced by disabled persons in order to move towards a fully inclusive society, where all citizens can enjoy the same opportunities and actively participate in life in the community.   With a view to making decisive progress to this end, the Committee of Ministers, in April 2006, adopted Recommendation Rec(2006)5 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. 

3.         The Committee of Ministers considers that the implementation of the Council of Europe Disability Action Plan, will respond to the concerns which have given rise to the recommendation of the Congress including the question of providing an environment accessible to all, as outlined in the present recommendation.  For example, the Committee of Ministers would refer, inter alia, to Action Line No. 6 of the Disability Action Plan which takes up the specific question of the universal design principle. The Committee of Ministers fully supports the promotion of the concept, which, whilst primarily beneficial to disabled persons, is also of advantage to other types of users. It points out that the Council of Europe has addressed this issue in recent years and draws the Congress’ particular attention to Resolution ResAP(2001)1 on the introduction of the principles of universal design into the curricula of all occupations working on the built environment.  Moreover, through the CD-P-RR (cf. Appendix 2), this work was followed up by more specific recommendations on the application of universal design principles, which appear in the Resolution ResAP(2007)3 on “Achieving full participation through universal design” adopted by the Committee of Ministers on 12 December 2007 at the 1014th meeting of the Ministers’ Deputies.

4.         A number of other action lines address directly the concerns raised in the Congress’ recommendation, such as Action Line No. 11 on social protection.  In this respect, the Committee of Ministers highlights the importance of Article 15 of the Revised European Social Charter which provides for the right of persons with disabilities to independence, social integration and participation in the life of the community (cf. Appendix 3) and would also draw attention to Recommendation Rec(2003)19 of the Committee of Ministers to member states on improving access to social rights.  Other issues reflected in the Congress’ recommendation are dealt with, to a greater or lesser extent, through various references threaded into the Action Plan with a view to achieving the same or similar objectives as outlined by the Congress. 

5.         Whilst recalling that the governments of member states have the primary responsibility for implementing disability policies at national level, the Committee of Ministers considers it important to draw attention to the work programme of the CAHPAH (cf. Appendix 1 to document CM(2007)110-rev), the body which was set up to oversee the promotion, implementation and follow-up of the Disability Action Plan.  Following the first session of the CAHPAH (26-27 April 2007), the Committee of Ministers also approved the terms of reference for a drafting committee which is instructed to draw up evaluation criteria to enable progress review of the Council of Europe Disability Action Plan and establish a methodology for progress review.  Follow up to the Action Plan will include strengthening co‑operation as well as the exchange of information and best practices.

6.         While it is primarily for member states to develop the measures outlined in the Council of Europe Disability Action Plan in order to improve, inter alia, accessibility of public spaces and amenities for people with disabilities, the Committee of Ministers also stresses the important role of local and regional authorities in this field and strongly encourages the Congress to involve itself in the promotion, implementation and follow-up of the Action Plan at local and regional level, in co‑operation with relevant non-governmental organisations and to take an active part in the work of the CAHPAH. It draws attention to specific action lines of the Council for Europe Disability Action Plan 2006-2015, namely Action Line No. 6 on the built environment; Action Line No. 7 on transport; and Action Line No. 8 on community living, which provide specific recommendations on actions to be taken by member states, and have a particular bearing on local and regional responsibilities, and which respond to many of the issues raised by the Congress in its recommendation.  

7.         Lastly, the Committee of Ministers urges those member states that have not already done so, to consider signing and ratifying the Revised European Social Charter as well as the United Nations Convention on the Rights of Persons with Disabilities,[10] opened for signature with its Additional Protocol on 30 March 2007. This convention is a major step forward, at the international level, in promoting and protecting the rights and dignity of persons with disabilities.

8.         As a final comment, the Committee of Ministers informs the Congress that as from 1 January 2008, disability related activities have been fully integrated into the Ordinary Budget from the Partial Agreement in the Social and Public Health Field.  This will allow all member states of the Council of Europe to fully participate in activities being carried out with a view to guaranteeing the full enjoyment of human rights and fundamental freedoms without any discrimination of persons with disabilities.

Appendix 1 to the reply

Opinion of the European Co-ordination Forum for the Council of Europe Disability Action Plan 2006‑2015 (CAHPAH) on Congress Recommendation 208 (2007)

I.          Introduction

1.         Recommendation 208 (2007) on “Access to public spaces and amenities for people with disabilities” was adopted by the Congress of Local and Regional Authorities of the Council of Europe on 27 March 2007 at its 13th session. It was subsequently examined by the Ministers’ Deputies at their 995th meeting (16 May 2007), who agreed to communicate it to the European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 for information and possible comments by 16 July 2007 (CM/Del/Dec(2007)995/12.1b).

II.         Opinion

2.         The European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH) has read with great interest the Recommendation 208 (2007) on “Access to public spaces and amenities for people with disabilities” of the Congress of Local and Regional Authorities of the Council of Europe.

3.         CAHPAH took note of the reference to the Committee of Ministers’ Recommendation 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,[11] which was included by the Congress in its Recommendation 208 (2007), and wishes to invite the Congress to become an active partner in the promotion, implementation and follow-up of this Action Plan at local and regional level in Europe.

 

4.         CAHPAH wishes to draw the particular attention of public authorities to specific action lines of the Council of Europe Disability Action Plan 2006-2015, namely Action Line No. 6 on the built environment; Action Line No. 7 on transport; and Action Line No. 8 on community living, which provide specific recommendations on actions to be taken at local level.

5.         CAHPAH draws the attention of the Congress to the fact that equality of access is essential for the development of a fully inclusive society. The design of buildings, the environment, products, as well as communication and electronic systems is particularly important in order to facilitate the participation and independence of people with disabilities in all aspects of life.

6.         Universal design is an effective way of improving the accessibility and the quality of the built environment, services and products. It focuses on the importance of ensuring appropriate design of the environment, buildings and everyday products right from the start rather than adapting it at a later stage. Whilst it may not always be possible to make older or historic buildings completely accessible, there are still too many obstacles that impede people with disabilities from taking part in all aspects of society and making use of all its facilities. Promoting the principle of universal design, its wide application and user participation in all design stages is of paramount importance for improving the accessibility of the built environment, transport or communication systems and the usability of products.

7.         CAHPAH supports the idea of strengthening participation of people with disabilities in decision-making processes. One of the fundamental principles which govern the Council of Europe Disability Action Plan 2006-2015 is the idea that people with disabilities and their representatives need to be consulted as stakeholders in decision-making processes which affect their lives, both at individual level and at society level through their representative organisations. This participation has to be assured in all areas, from national policy design to more individual subjects.

8.         If a clear mandate was given and adequate financial and human resources were made available, assistance could be provided to Council of Europe member states, upon their request, to develop the measures outlined in the Council of Europe Disability Action Plan 2006-2015 in order to improve accessibility of public spaces and amenities for people with disabilities. CAHPAH could offer its multidisciplinary expertise in disability standard-setting and policy development to oversee such a possible assistance programme and ensure necessary exchange of information, as well as identifying opportunities for co-ordination with other Council of Europe bodies.

Appendix 2 to the reply

Opinion of the Committee on the Rehabilitation and Integration of People with disabilities (Partial Agreement) (CD-P-RR) on Congress Recommendation 208 (2007)

I.          Introduction

1.         Recommendation 208 (2007) on “Access to public spaces and amenities for people with disabilities” was adopted by the Congress of Local and Regional Authorities of the Council of Europe on 27 March 2007 at its 13th session. It was subsequently examined by the Ministers’ Deputies at their 995th meeting (16 May 2007), who agreed to communicate it to the Committee on the Rehabilitation and Integration of People with disabilities (Partial Agreement) (CD-P-RR) for information and possible comments by 16 July 2007 (CM/Del/Dec(2007)995/12.1b).

II.         Opinion

2.         The Committee on the Rehabilitation and Integration of People with disabilities (Partial Agreement) (CD-P-RR) has read with great interest the Recommendation 208 (2007) on “Access to public spaces and amenities for people with disabilities” of the Congress of Local and Regional Authorities of the Council of Europe.

3.         The CD-P-RR took note of the recognition by the Congress of member states’ commitment “to ensure accessibility to public spaces for people with disabilities … that is, the possibility of moving from one place to another, enjoying public facilities and, by extension, using all public services independently”.  The CD‑P-RR wishes to recall the adoption of the Resolution ResAP(2001)1 on the introduction of the principles of universal design into the curricula of all occupations working on the built environment, as well as the recommendations issued in the Council of Europe report “Accessibility: principles and guidelines”(1993, Reprint 2004, ISBN 92-871-2259-8), which contributed to raising awareness of public authorities in member states aiming at ensuring accessibility of public spaces for all.

4.         The CD-P-RR equally welcomes the Congress’ recommendations, by which members states would be invited to “develop an integrated accessibility policy at national level, in consultation with local and regional authorities and organisations of people with disabilities, to enable the development of coherent spatial planning policies aimed at ensuring the accessibility of public spaces and amenities, based on the “universal design” principle”.[12] The CD-P-RR draws the Congress’ attention to the fact that the Committee of Experts on Universal Design (Accessibility) (P-RR-UD) suggested extending the definition of universal design and the application of universal design principles to include, in addition to the built environment, other areas to allow for adequate solutions to be developed in all areas of life: “Universal design is a strategy, which aims to make the design and composition of different environments, products, communication, information technology and services accessible and understandable to, as well as usable by, everyone, to the greatest extent in the most independent and natural manner possible, preferably without the need for adaptation or specialised solutions”.[13]

5.         The CD-P-RR wishes to make the Congress aware of the need to encourage local and regional authorities, in particular the authorities responsible for urban planning and implementation of public procurement policies with regard to newly built or restored or renovated environments, by giving adequate incentives for best solutions.

6.         The CD-P-RR wishes to recommend that member states seek joint approaches and establish partnerships with relevant stakeholders, in particular with non-governmental organisations of people with disabilities. The CD-P-RR, therefore, wishes to invite member states to facilitate the involvement of non‑governmental organisations of and for people with disabilities and non-governmental organisations for older people in the assessment of the suggested solutions prior, during, and after their implementation.

7.         The CD-P-RR wishes to stress that the Resolution ResAP(2001)1 on the introduction of the principles of universal design into the curricula of all occupations working on the built environment will be followed by more specific recommendations on the application of universal design principles, and that this forthcoming text will be complemented by a report entitled “Achieving full participation through universal design”. The report will provide a practical tool to professionals by helping them to appropriately respond to the issue. It sets out an overview of case studies, research and sources of information, a brief account of how application of universal design principles is being addressed by member countries, and examples of good practice in policy and service development.

8.         Finally, the CD-P-RR hopes that the Congress and the Committee of Ministers will encourage member states to take an active part in Council of Europe activities on the rehabilitation and integration of people with disabilities.

Appendix 3 to the reply

Opinion of the Governmental Committee of the European Social Charter on Congress Recommendation 208 (2007)

1.             At the request of the Committee of Ministers (994th meeting, 2 May 2007), the Governmental Committee of the European Social Charter examined the Recommendation 208 (2007) of the Congress of Local and Regional Authorities of the Council of Europe, and adopted the following opinion.

2.             The Governmental Committee notes the interest shown by the Congress of Local and Regional Authorities of the Council of Europe in the European Social Charter. It takes note of Congress Recommendation 208 (2007), and has carefully examined it.

3.             The fundamental values of our societies, such as the respect for human rights, democracy and the rule of law should be shared by all those living in Europe.

4.             The Governmental Committee reaffirms its commitment to the protection of social rights and recalls the indivisible nature of human rights – civil, political, social, economic and cultural. The subject of Recommendation 208 (2007), that is access to public spaces and amenities for people with disabilities which are guaranteed both by the European Convention on Human Rights and the European Social Charter, testifies to this indivisibility.

5.             The Governmental Committee believes that Article 15 of the Revised Charter both reflects and advances a profound shift of values in all European countries over the past decade away from treating persons with disabilities as objects of pity and towards respecting them as equal citizens – an approach that the Council of Europe contributed to promote, with the adoption by the Committee of Ministers of Recommendation R (92) 6 of 1992 on a coherent policy for people with disabilities. The underlying vision of Article 15 is one of equal citizenship for persons with disabilities and, fittingly, the primary rights are those of “independence, social integration and participation in the life of the community”.

6.             The Governmental Committee recalls that the Revised European Social Charter endorses this new approach to disabilities in particular in Article 15, paragraph 3, which aims at promoting the full social integration and participation in the life of the community of persons with disabilities, in particular through measures, including technical aids, aiming at overcoming barriers to communication and mobility and enabling access to transport, housing, cultural activities and leisure.

7.             In addition, the rights under the Charter must be concretely and effectively guaranteed, that is State Parties must take not merely legal but also practical action (International Commission of Jurists v Portugal, Complaint No. 1/1998, decision on the merits of 9 September 1999, paragraph 32). When the achievement of one of the rights in question is exceptionally complex and particularly expensive to resolve, the State Party must take measures that allows it to achieve the objectives of the Charter within a reasonable time, with measurable progress and to an extent consistent with the maximum use of available resources (Autism‑Europe v France, Complaint No. 13/2002, decision on the merits of 4 November 2003, paragraph 53). Finally, Article E on non-discrimination imposes an obligation of taking into due consideration the relevant differences and acting accordingly (ERRC v Bulgaria, Complaint No. 31/2005, decision on the merits of 18 October 2006, paragraph 42).

8.             The Governmental Committee expresses its agreement with the general aims of the recommendation and, in particular, wishes to underline the encouragement made to those States Parties who have not done it yet, to accept Article 15 in full (point g), as well as to accept the collective complaint procedure.

Appendix 8

(Item 6.3)

Joint reply to Recommendations 223 and 224 (2007)
of the Congress of Local and Regional Authorities of the Council of Europe
on “Balanced distribution of healthcare in rural regions” and “Ensuring territorial continuity of social services in rural regions”

(Adopted by the Committee of Ministers on 23 April 2008

at the 1024th meeting of the Ministers' Deputies)

1.         The Committee of Ministers has examined Congress Recommendation 223 (2007) on “Balanced distribution of healthcare in rural regions” and Recommendation 224 (2007) on “Ensuring territorial continuity of social services in rural regions”.  It transmitted both recommendations to the European Health Committee (CDSP), the European Committee for Social Cohesion (CDCS), the European Conference of Ministers responsible for Spatial/Regional Planning (CEMAT) and the European Committee on Local and Regional Democracy (CDLR).  Recommendation 224 (2007) was also transmitted to the Steering Committee for Education (CDED).  The comments received from these committees have been taken into account in this reply.  

2.         The Committee of Ministers welcomes the attention given by the Congress to the specificities of rural regions with regard to access to health and social services.  It recalls, in particular, the significance of the Revised European Social Charter, in particular Article 11 providing for the right to protection of health, and of Article 14 which provides for the right of everyone to benefit from social welfare services, which must be guaranteed in law and in practice.[14]  The Committee of Ministers draws attention to the fact that the provision of social services most often concerns vulnerable or potentially vulnerable groups and individuals who have a social problem – such as children, the family, the elderly, people with disabilities, the homeless, alcohol and drug abusers, victims of domestic violence, and also migrants – accentuating the importance of such services, and would therefore encourage those member states, who have not already done so, to consider ratifying the said Charter.

3.         With specific reference to Recommendation 223 (2007), the Committee of Ministers would also recall that, in addition to the European Social Charter, a number of other Council of Europe instruments have a bearing on the question of equity in the field of health such as Recommendation No. R (99) 21 on the criteria for the management of waiting lists and waiting times in health care; Recommendation Rec(2006)17 on hospitals in transition: a new balance between institutional and community care and Recommendation Rec(2006)18 on health services in a multicultural society.  The 5th Conference of European Health Ministers (Warsaw, November 1996) also proposed a number of practical policy measures to promote equity in health care.

4.         The Committee of Ministers also informs the Congress that the European Health Committee (CDSP) intends to include the geographical aspect of access to health care in its current work on “Good Governance for equity in access to health care”.

5.         With regard to Recommendation 224 (2007) concerned with “Ensuring territorial continuity of social services in rural regions”, the Committee of Ministers encourages member states to give due consideration to the Congress recommendations outlined in paragraph 8, to introduce national social protection policies and structures, which comprise measures that are suitable for rural areas, meet local needs, and encourage user involvement and provide for appropriate funding arrangements.

6.         With particular reference to paragraph 8.b, which calls on member states to develop national social care policies and structures which are increasingly integrated in approach, the Committee of Ministers would draw attention to the “Policy guidelines for the design and implementation of integrated models of social services”[15] which consider possibilities for social services to be kept in rural areas.  With regard to paragraph 8.f, the Committee of Ministers refers to the relevance of its reply to Congress Recommendation 212 (2007) on “E‑health and democracy”.

7.         The Committee of Ministers would also inform the Congress that the issue of services of general interest in rural and landlocked areas was discussed at the International CEMAT Symposium on “The accessibility and attractiveness of rural and landlocked areas: sustainable transport and services of general interest”, held in Andorra la Vella on 25 and 26 October 2007 and organised by the Council of Europe Cultural Heritage, Landscape and Spatial Planning Division in co-operation with the Ministry of Urban and Spatial Planning of the Principality of Andorra. It would also invite member states to take note that the CEMAT has expressed its position of being in favour of introducing social services ombudspersons.

8.         With regard to paragraph 9 of the recommendation, the Committee of Ministers draws attention to the definitions of “rural area/countryside”, “rural development”, and “rural development pole” given in the CEMAT glossary of key expressions used in spatial development, adopted by the Committee of Senior Officials and presented at the 14th CEMAT in Lisbon on 26 and 27 October 2006.  It has also transmitted the recommendation to the European Observatory on Health Systems and Policies and the Observatory for the Development of Social Services in Europe for their consideration.

9.         In conclusion, the Committee of Ministers would refer to the Action Plan adopted by Third Summit of Heads of State and Government of the Council of Europe which states that: “The Council of Europe will step up its work in the social policy field on the basis of the European Social Charter and other relevant instruments. The central task is to jointly define remedies and solutions which could be effective in fighting poverty and exclusion, ensuring equitable access to social rights and protecting vulnerable groups”.  Furthermore, the Action Plan also refers to “the protection of health as a social human right and an essential condition for social cohesion and economic stability” and calls for the work on equity of access to care of appropriate quality to be intensified and standards for patient-oriented care to be identified.  The Committee of Ministers considers that the work being carried out with a view to implementing these aspects of the Action Plan will address many of the concerns raised by the Congress in these two recommendations, to the benefit all sectors of the population, including those living in rural areas. 

Appendix 9

(Item 6.4)

Reply to Recommendation 225 (2007)
of the Congress of Local and Regional Authorities of the Council of Europe
on “Challenges and opportunities for peripheral and sparsely populated regions”

(Adopted by the Committee of Ministers on 23 April 2008

at the 1024th meeting of the Ministers' Deputies)

1.         The Committee of Ministers has considered Congress Recommendation 225 (2007) on “Challenges and opportunities for peripheral and sparsely regions”.  It forwarded the recommendation to the European Conference of Ministers responsible for Spatial/Regional Planning (CEMAT) and the Steering Committee on Local and Regional Democracy (CDLR).  The comments received from the CEMAT are appended to this reply.

2.         The Committee of Ministers fully acknowledges that peripheral and sparsely populated regions are faced with very specific situations and challenges. It considers that these should be carefully considered by member states when establishing national policies, particularly with regard to spatial planning, development of infrastructures or the environment.  It therefore invites member states to bear in mind, where appropriate, the specific recommendations enumerated in paragraph 10 of the recommendation.   The Committee of MInisters would also recall the “Guiding Principles for sustainable spatial development”, adopted in January 2001 and addressed to governments in the form of a recommendation of the Committee of Ministers to member states, and which addresses, inter alia, issues specific to mountains and coastal and island regions.   It would also refer to its reply to Congress Recommendation 175 on “Outermost regions: a challenge to the balanced and sustainable development of European territory” and to Congress Recommendations 223 (2007) and 224 (2007) on the “Balanced distribution of healthcare in rural regions” and “Ensuring territorial continuity of social services in rural regions” respectively which also have some relevance to the present recommendation.

3.         With regard to paragraph 9, the Committee of Ministers has taken note that, in response to its reply to the Congress’ Recommendation 175 (2005) mentioned above, the Congress suggests that a new recommendation be drawn up on peripheral, sparsely populated, island and mountain regions in the light of the issues raised in the present recommendation and of the fundamental changes that have taken place since Recommendation R (87) 10 on the development of islands or archipelagos as extreme examples of peripheral regions was drawn up.  In this respect, the Committee of Ministers would signal to the Congress that that the CEMAT Committee of Senior Officials will take into account the fundamental changes that have taken place since the adoption of the said Recommendation R (87) 10 in its 2007-2010 work programme for the preparation of the 15th CEMAT session to be held in the Russian Federation on “Future challenges: sustainable development of the European continent in a changing world”.  Therefore, in the light of this work and of the existing Guiding Principles mentioned above, the Committee of Ministers does not, at present, consider it appropriate to envisage a new recommendation.

4.         With regard to the specific recommendation to the Committee of Ministers to support the elaboration of a legal instrument on regional democracy, the Committee of Ministers informs the Congress that, at its meeting on 26 March 2008, the Committee of Ministers instructed the CDLR, by 31 December 2008, to conduct, and report on, an in-depth discussion on regionalisation in Europe, on the basis of the conclusions adopted by the European Ministers during the Valencia Conference.  Pending this report, the Committee of Ministers considers it premature to take a position on the draft European Charter of Regional Self‑Government which is due to be examined by the Congress at its plenary session in May 2008.  It will however, continue to closely follow developments in this field.

5.         The Committee of Ministers welcomes the point raised by the Congress that islands and coastal regions are sometimes on the frontline of illegal immigration and trafficking of human beings and illicit substances.  Whilst provisions have been made or attention given in Council of Europe instruments to strengthening co‑operation among official border control agencies in the activities related to combating trafficking or illegal migration, the Committee of Ministers acknowledges the particular difficulties faced by these regions in this respect. 

6.         Lastly, the Committee of Ministers recalls that the Action Plan adopted at the Third Summit states: “We [Heads of State and Government] are committed to improving the quality of life for citizens.  The Council of Europe shall therefore, on the basis of the existing instruments, further develop and support integrated policies in the fields of environment, landscape, spatial planning and prevention and management of natural disasters, in a sustainable development perspective”.   In this context, whilst it has taken note of the recommendations of the Congress concerning mechanisms and strategies to be put in place in the light of climate change, it would point out that new activities in this field should find their origins in existing instruments in order to remain within the priorities set out by the Heads of State and Government at the Third Summit.

 

Appendix to the reply

Comments from the European Conference of Ministers Responsible for Spatial/Regional Planning (CEMAT) on Congress Recommendation 225 (2007)

The Committee of Senior Officials,

Acknowledging that equity of access to infrastructures, services and economic development is one of the foundations for sustainable development and for democracy and that peripheral regions and some mountainous areas and islands or sparsely populated areas often face an accumulation of disadvantages, 

–          draws attention to the provisions of Recommendation Rec(2002)1 Guiding Principles for sustainable spatial development of the European continent, concerning both polycentric development and the typical landscape features of Europe, in particular mountains, coastal areas and islands;

–          is in favour of enhancing the natural and cultural heritage of peripheral, insular and mountainous or sparsely populated regions;

–          decides to take account, in the 2007-2010 work programme of the CEMAT Committee of Senior Officials for the preparation of the 15th CEMAT session to be held in the Russian Federation on “Future challenges: sustainable development of the European continent in a changing world”, of the fundamental changes that have taken place since the adoption of Recommendation R (87) 10 on the development of islands or archipelagos as extreme examples of peripheral regions when discussing peripheral, insular and mountainous or sparsely populated regions.

Appendix 10

(Item 10.4)

Reply to Recommendation 216 (2007)
of the Congress of Local and Regional Authorities of the Council of Europe
on “Community policing: local and regional authorities guaranteeing a new partnership”

(Adopted by the Committee of Ministers on 23 April 2008

at the 1024th meeting of the Ministers' Deputies)

1.         The Committee of Ministers has carefully examined Recommendation 216 (2007) of the Congress of Local and Regional Authorities of the Council of Europe on “Community policing: local and regional authorities guaranteeing a new partnership”.  It has drawn this recommendation to the attention of the governments of member states and has forwarded it to the European Committee on Crime Problems (CDPC), the Steering Committee for Education (CDED), the Steering Committee on the Media and New Communication Services (CDMC), the Steering Committee on Local and Regional Democracy (CDLR), the European Committee on Migration (CDMG) and the Committee of Experts on Roma and Travellers (MG‑S‑ROM), for information and possible comments.  The comments received are appended to this reply.

2.         The Committee of Ministers welcomes the attention given by the Congress to the need to guarantee the security of the population and to the role that local police can play in this regard. A partnership should be formed between all social players and security professionals and result in the setting up of an effective local policing system. Moreover, the local police should take account of each locality’s social demands and be aware of cultural, religious and linguistic diversity. It is essential that leaders or representatives of the different ethnic, religious or migrant communities should participate in the development of the local police.

3.         With regard to paragraph 6.d. of the recommendation, the Committee of Ministers agrees with the Congress that respect for and protection of human rights must be ensured in police work.  In this respect, it refers to its Recommendation Rec(2001)10 on the European Code of Police Ethics.  The Committee also considers that respect for the right to freedom of expression and information should have a prominent place in the initial and further training of police officers. Emphasis should be placed on the practical implications for the work of police officers that flow from Article 10 of the European Convention on Human Rights and the corresponding case law of the European Court of Human Rights. In addition, the Committee wishes to draw the attention of the Congress to its Guidelines on protecting freedom of expression and information in times of crisis, adopted on 26 September 2007. Although Recommendation 216 (2007) is not strictly limited to crisis situations, many passages in these guidelines apply directly or indirectly to the issues it addresses. Furthermore, the Committee of Ministers draws the attention of the Congress to the practical guidelines drawn up by the CDMG for those with responsibility for the training of police officers on matters concerning migrants and ethnic relations.[16]  The primary aim of these guidelines is to ensure that police officers have the proper response, when faced with acts of racism or xenophobia, in terms of prosecution of offenders and protection of the victims and their communities; the guidelines are also designed to ensure that the police treat members of migrant and minority ethnic communities fairly, while respecting their human rights. These guidelines could usefully be extended to all players involved in local policing schemes, as the Congress has proposed.

4.         With regard to paragraph 6.e. of the recommendation, the Committee of Ministers also wishes to stress the importance of developing and institutionalising a sustainable partnership and dialogue between local authorities, law enforcement institutions and local migrants’ associations. In its recent work, the CDMG has emphasised the need for such a partnership and has highlighted the need to involve migrants in the process of formulating and implementing policies that affect them in their everyday lives, including security policies in their neighbourhood.  This partnership is essential if migrant communities are to give effective support to initiatives taken to implement community relations policies and if they are to participate in the work. Furthermore, the Committee of Ministers welcomes with interest the idea of a dialogue and co-operation between local and regional authorities, law enforcement agencies, leaders of ethnic groups and representatives of the different religions to combat acts of violence, terrorism and extremist activities (paragraph 6.e.v). Like the Congress, it thinks that fair and professional media coverage of this work can help to defuse tensions between different groups in society.  However, the Committee of Ministers considers that any plans to ensure such coverage should first and foremost take into consideration the democratic principle of editorial independence of the media.

5.         Lastly, the Committee of Ministers shares the concern expressed by the Congress in sub-paragraph f., namely to improve communication at the local level in particular with the general public in order to promote awareness of the fact that security concerns everyone.  It supports the Congress’ request in sub-paragraph g. to encourage encounters between those involved in security issues and pupils in a school context.

Appendix 1 to the reply

Opinion of the European Committee on Migration (CDMG)

1.             The CDMG welcomes the attention given by the Congress to the need to ensure the security of people and to the role that local policing may play in this.  It agrees that a partnership between all the social players and security professionals should be established and that it should lead to creating an effective system of local policing.

2.             The CDMG agrees that local policing, if established, should take account of social demand in each individual locality and be sensitive to cultural, religious and linguistic diversity. Involvement of leaders or representatives of different ethnic, religious or migrant communities in developing local policing is crucial.

3.             The CDMG also wishes to stress the importance of developing and institutionalising durable partnership and dialogue between local authorities, law enforcement agencies and local migrants’ associations. In its recent work, the CDMG repeatedly emphasises the need for such partnership and highlighted the necessity to involve migrants in the process of developing and implementing policies that affect their daily lives, including security policies in their neighbourhoods. Such partnership is indispensable in ensuring effective support by migrant communities of efforts to establish community policies and their participation in its work.

4.             Particular attention should be paid to disadvantaged and segregated areas with high concentration of particularly vulnerable people (especially immigrants and persons of immigrant background). Efforts should be made to increase mutual understanding and encourage concerted actions of police, local residents and schools aimed at combating crime and violence.

5.             Initiatives to develop community policing must be based on effective training programmes.  The experience of the CDMG is that this is vital for police officers. In this context, the Committee of Ministers may also wish to draw the attention of the Congress to the practical guidelines prepared by the CDMG for those with responsibility for the training of police officers on matters concerning migrants and ethnic relations.[17]  The objectives of these guidelines are, firstly, to ensure that police officers provide an adequate response to acts of racism or xenophobia in terms of prosecution of offenders and protection of victims and their communities; and, secondly, to ensure that their treatment of members of migrant and minority ethnic communities is fair and respects human rights.

6.             The guidelines cover both recruitment and training of police officers. Detailed advice is given on the content of training programmes, training methods and access to training.  They aim to impart knowledge and change behaviour, and cover such topics as prejudice and discrimination, racism and xenophobia, cross-cultural communication (intercultural dialogue) and minority responses to dominance. In the opinion of the CDMG, these guidelines could be usefully extended to all actors involved in community policing initiatives as proposed by Congress.

Appendix 2 to the reply

Opinion of the Steering Committee on the Media and New Communication Services (CDMC)

The CDMC examined with interest Recommendation 216 (2007) of the Congress of Local and Regional Authorities of the Council of Europe on “Community policing: local and regional authorities guaranteeing a new partnership”.

It welcomes the reminder to member states to “ensure respect for and protection of human rights in the exercise of police work, notably by incorporating the relevant international standards into initial and further training for police officers” (point 6.d.).  The CDMC considers that the respect for the right to freedom of expression and information should take a prominent place in this training. Emphasis should be placed on the concrete practical implications for the work of police officers that flow from Article 10 of the European Convention on Human Rights and the related case law of the European Court of Human Rights.

Moreover, the CDMC would like to draw the attention of the Congress to the Guidelines on protecting freedom of expression and information in times of crisis, adopted by the Committee of Ministers on 26 September 2007.  Though Recommendation 216 (2007) is not strictly limited to crisis situations, many of the texts of the above-mentioned guidelines apply directly or indirectly to the issues it addresses.

The guidelines stipulate, inter alia, that “member states should require from military and civilian agencies in charge of managing crisis situations to take practical steps to promote understanding and communication with media professionals covering such situations.”  On the other hand, the guidelines encourage media professionals to engage, directly or through their representative organisations, in a constructive dialogue with the authorities in situations of crisis.

The CDMC welcomes the idea for dialogue and co-operation of local and regional authorities, law enforcement agencies, leaders of ethnic groups and representatives of different faiths to combat acts of violence and terrorist and extremist activity (point 6.e.v).  Like the Congress, it believes that fair and professional coverage of this work could help to defuse tensions between various groups in society.  The CDMC is convinced that any plans to ensure such coverage should first and foremost take into consideration the democratic principle of the editorial independence of the media.

The same argument would apply to point 6.f. which recommends an educational policy that targets media among other actors.  In both cases, the participation of the media should be on a voluntary basis.

Appendix 3 to the reply

Comments of the Bureau of the Steering Committee for Education (CDED)

The Bureau of Steering Committee for Education (CDED):

Having taken note with great interest of Recommendation 216 (2007) of the Congress of Local and Regional Authorities of the Council of Europe on “Community policing: local and regional authorities guaranteeing a new partnership”, highlighting the need to foster dialogue between the police and members of the public;

Welcomes the provisions set out under paragraph d. aimed at ensuring respect for and protection of human rights in the exercise of police work, notably by incorporating the relevant international standards into initial and further training for police officers;

Shares the Congress’ concern as stressed in paragraph f. of the recommendation to initiate an educational policy of communication and information for the general public to promote awareness of the fact that security concerns everyone;

Endorses the Congress’ request in paragraph g. of the recommendation to encourage encounters between those involved in security issues and pupils in a school context.