Ministers’ Deputies
Decisions
CM/Del/Dec(2007)1010 9 November 2007
———————————————
1010th meeting, 7 November 2007
Decisions adopted
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CONTENTS
Page
List of those present................................................................................................................... 5
1. General questions
1.1 Adoption of the agenda............................................................................................................... 8
1.2 Preparation of forthcoming meetings........................................................................................... 8
1.3 Communication from the Secretary General and the Deputy Secretary General............................... 9
1.4 Report of the Bureau................................................................................................................... 9
1.5 Conferences of Specialised Ministers – State of preparation......................................................... 9
1.6 Review of action taken by the Committee of Ministers on Parliamentary Assembly
recommendations...................................................................................................................... 10
1.7 Transfer of chairmanship between the Republic of Serbia and the Slovak Republic – Preparation.. 10
2. Democracy and political questions
2.1 Current political questions
a. Activities for the development and consolidation of democratic stability.................................. 10
- Montenegro
- Forum for the Future of Democracy
b. Other questions....................................................................................................................... +
- Statement by the Representative of Georgia
- Statement by the Representative of Serbia
2.2 Situation in Cyprus....................................................................................................................... +
2.3 Monitoring Group (GT-SUIVI.AGO) –
Oral progress report on the Group’s work by the Chair................................................................. 11
3. Parliamentary Assembly
3.1 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
a. Written Question No. 525 by Mr Bartumeu Cassany: “Preventing corruption in Slovenia”............ 12
b. Written Question No. 527 by Mr Huss: “Ban on a Moscow demonstration
by lesbian, gay, bisexual and transgender persons in 2007”......................................................... 12
c. Written Question No. 531 by Mr Salles: “New attacks on freedom of expression in Turkey”........ 12
d. Written Question No. 524 by Mrs Acketoft: “Ban on a Chişinau demonstration by homosexuals. 12
4. Human rights
4.1 “Rights of national minorities in Latvia” –
Parliamentary Assembly Recommendation 1772 (2006)................................................................ 13
4.2 European Commission against Racism and Intolerance (ECRI)
a. Examination of proposals for the nomination of members....................................................... 13
b. Nomination of a member and a deputy to the member of ECRI in respect of Serbia.................. 13
Page
4.3 European Court of Human Rights – Election of judges – List of candidatures in respect of Latvia. 13
5. Media
5.1 Steering Committee on the Media and New Communication Services (CDMC)
a. Draft Recommendation CM/Rec(2007)… of the Committee of Ministers to member states
on measures concerning media coverage of election campaigns and its
draft Explanatory Memorandum................................................................................................. 14
b. Draft Recommendation CM/Rec(2007)… of the Committee of Ministers to member states on measures to promote the public service value of the Internet........................................................................... 14
10. Legal questions
10.1 Observer status of the Council of Europe to the London Action Plan........................................... 14
12. Congress of Local and Regional Authorities of the Council of Europe
12.1 Presentation of the Autumn Session (Strasbourg, 20-21 November 2007)
by the Secretary General of the Congress..................................................................................... +
APPENDICES
APPENDIX 1 1010th meeting of the Ministers' Deputies
(Item 1.1) (Strasbourg, 7 (10 a.m.) November 2007)
Agenda............................................................................................................. 15
APPENDIX 2 1012th (Budget) meeting of the Ministers' Deputies
(Item 1.2) (Strasbourg, 27 (10 a.m.) – 29 November 2007)
Draft agenda..................................................................................................... 18
APPENDIX 3 1014th meeting of the Ministers' Deputies
(Item 1.2) (Strasbourg, 12 (10 a.m.) December 2007)
Draft agenda..................................................................................................... 22
APPENDIX 4 Transfer of chairmanship –
(Item 1.7) Draft annotated agenda..................................................................................... 25
APPENDIX 5 Reply to Written Question No. 525 by Mr Bartumeu Cassany:
(Item 3.1a) “Preventing corruption in Slovenia”..................................................................... 26
APPENDIX 6 Reply to Written Question No. 524 by Mrs Acketoft:
(Item 3.1d) “Ban on a Chişinau demonstration by homosexuals”............................................ 28
APPENDIX 7 Recommendation CM/Rec(2007)15
(Item 5.1a) of the Committee of Ministers to member states
on measures concerning media coverage of election campaigns......................... 30
APPENDIX 8 Recommendation CM/Rec(2007)16
(Item 5.1b) of the Committee of Ministers to member states
on measures to promote the public service value of the Internet........................... 35
The 1010th meeting of the Ministers’ Deputies opened on 7 November 2007 at 10.00 a.m. under the chairmanship of Ms S. Prica, Deputy for the Minister for Foreign Affairs of Serbia.
PRESENT
ALBANIA
Mr F. Peni
Mr M. Meminaj
ANDORRA
Ms F. Aleix
ARMENIA
Mr L. Amirdjanian
Ms O. Davtian
AUSTRIA
Ms E. Ellison-Kramer
AZERBAIJAN
Mr M. Kangarlinski
Mr Z. Akhmadov
Mr J. Musayev
BELGIUM
Mr J. Devadder
Mr F. Bontemps
BOSNIA AND HERZEGOVINA
Mr B. Marić
Ms M. Dimitrijevic
BULGARIA
Mr I. Petkov
Mrs L. Draganova
Ms E. Tomova
CROATIA
Mr D. Bučan
Ms V. Batistić-Kos
Mr D. Sabljak
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
ESTONIA
Mr S. Kannike
Mr I. Siil
Mrs N. Luts
Mr E. Harremoes
FINLAND
Ms I. Ertman
Ms A.-C. Krank
FRANCE
Mr B. Gain
Ms M.-A. Bourdin
Ms C. Schmerber
GEORGIA
Mr M. Jgenti
Ms L. Goginava
Ms I. Mamuchishvili
GERMANY
Mr E. Kölsch
Ms C. Althauser
GREECE
Mr C. Yerocostopoulos
Mr D. Karabalis
Mr G. Daskalopoulos
Ms E. Kyriakopoulou
HUNGARY
Ms J. József
Mr P. Gőndőr
Mr B. Horváth
ICELAND
Mr S.L. Stefansson
IRELAND
Ms M. Hennessy
Ms M. Connery
Mr N. Sheerin
ITALY
Mr P. Lonardo
Mr A. Verde
Mrs V. Biagiotti
LATVIA
Mr P. Elferts
LIECHTENSTEIN
Mr D. Ospelt
LITHUANIA
Mr N. Germanas
Mr J. Rakitskis
Ms N. Juodkaitė-Putrimienė
Mme J. Juodagalvienė
LUXEMBOURG
Mr R. Mayer
MALTA
Mr J. Licari
Mr C. Depasquale
MOLDOVA
Mr A. Neguta
Mr S. Mihov
Mrs M. Balitchi
Ms R. Postu
MONACO
Ms C. Gastaud
MONTENEGRO
Mr Z. Janković
NETHERLANDS
Mr M. van der Kolk
Ms E. van Someren
NORWAY
Mr T. Frøysnes
Ms E. Widsteen
POLAND
Mr P. Świtalski
Ms A. Wyżnikiewicz
PORTUGAL
Mr A. Madeira Bárbara
Mr J. Patricio
Mr L. Sequeira
ROMANIA
Mr S. Stoian
Mr N. Nastase
Mr L. Flueraru
RUSSIAN FEDERATION
Mr I. Kapyrin
Mr S. Veselovskiy
Mr I. Subbotin
SAN MARINO
Mr G. Bellatti Ceccoli
Mr D. Beleffi
SERBIA
Ms S. Prica, Chairperson
Ms K. Lalic Smajevic
Ms T. Rastovac Siamashvili
Mr I. Vucinic
Mr A. Tomic
Ms I. Milovanović
SLOVAK REPUBLIC
Mr E. Kuchár, Vice-Chairman
Mr J. Kubla
Ms E. Kimlikova
Ms I. Kasárová
Ms M. Lukáčiková
SLOVENIA
Mrs M. Bole
SPAIN
Mr F. Mansito Caballero
Mr A. Navarro de Zuvillaga
Mr P. Desportes
SWEDEN
Mr P. Sjögren
Mr M. Molander
SWITZERLAND
Mr J.C. Joseph
Mr C. Birrer
Mr M. Wey
“THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA”
Ms O. Vasilevska
TURKEY
Mr K. Esener
Ms N. Darama
Mrs B. Tuğ
Mr B. Ulusoy
Mr U. Umar
UKRAINE
Mr Y. Perelygin
Mr S. Shablii
UNITED KINGDOM
Ms E. Fuller
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
Ms F.A. Reed
Item 1.1
Adoption of the agenda
Decisions
The Deputies
1. agreed to postpone the following items to their 1011th meeting (21 November 2007):
|
2.3 |
Monitoring Group (GT-SUIVI.AGO) – Oral progress report on the Group’s work by the Chair |
|
|
3.1 |
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers c. Written Question No. 531 by Mr Salles: “New attacks on freedom of expression in Turkey” |
2. agreed to postpone the following items to one of their forthcoming meetings:
|
3.1 |
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers b. Written Question No. 527 by Mr Huss: “Ban on a Moscow demonstration by lesbian, gay, bisexual and transgender persons in 2007” |
|
|
4.1 |
“Rights of national minorities in Latvia” – |
3. agreed to add the following sub-items to the agenda of their 1010th meeting:
|
2.1 |
Current political questions b. Other questions - Statement by the Representative of Georgia - Statement by the Representative of Serbia |
4. taking into account decisions 1 to 3 above, adopted the agenda of their 1010th 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 1012th (Budget) meeting (27 (10 a.m.) – 29 November 2007), as it appears at Appendix 2 to the present volume of Decisions;
2. approved the draft agenda for their 1014th meeting (12 (10 a.m.) December 2007), 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
Decision
The Deputies
1. took note of the communication by the Secretary General and the Deputy Secretary General, as it appears in document SG/Com(2007)1010;
2. invited the Secretary General to initiate an informal meeting of the European Ministers of Sport in Madrid before the next meeting of the Foundation Board of the World Anti-Doping Agency (WADA) on 17 November 2007, in order to follow up at political level the position which will have been expressed on the election of the chairman of WADA at the meeting of CAHAMA on 13 November 2007, and requested the Secretary General to explore this possibility with the Spanish authorities.
Item 1.4
Report of the Bureau
Decisions
The Deputies
1. agreed to extend to 15 November 2007 the time-limit for the deposit of candidatures – with the Secretary to the Committee of Ministers – for the appointment of members and alternate members of the Budget Committee for the period 1 January 2008 to 31 December 2010;
2. took note of the report of the meeting of the Bureau of 5 November 2007 (document CM/Bur/Del(2007)15) and approved the recommendations contained therein.
Item 1.5
Conferences of Specialised Ministers – State of preparation
Decisions
The Deputies
a. Concerning the 8th Conference of European Ministers responsible for Youth (Kyiv, Ukraine)
1. noted that this conference would be held in October 2008 at a date to be confirmed;
b. Concerning the 29th session of the Conference of European Ministers responsible for Family Affairs
2. noted that this conference would be held in Vienna (Austria) in June 2009.
Item 1.6
Review of action taken by the Committee of Ministers on Parliamentary Assembly recommendations
Decisions
The Deputies
1. took note of the information memorandum prepared by the Secretariat (document CM(2007)146), drawing up a review of the follow-up given by the Committee of Ministers to recommendations adopted by the Parliamentary Assembly to which replies are still pending, up to and including Recommendation 1805 (2007) adopted at the 3rd Part of its 2007 Session (Strasbourg, 25-29 June 2007);
2. instructed the Secretariat to submit to them the Parliamentary Assembly recommendations for appropriate follow-up action in accordance with the indications set out in this document;
3. agreed to declassify document CM(2007)146 and to forward it to the Parliamentary Assembly for information.
Item 1.7
Transfer of chairmanship between the Republic of Serbia and the Slovak Republic – Preparation
(CM/Del/Dec(2007)1006/1.2, CM/Del/Dec(2007)1009/1.6)
Decisions
The Deputies
1. took note of the state of preparation of their 1010bis meeting to be held on 12 November 2007 for the transfer of chairmanship between the Republic of Serbia and the Slovak Republic;
2. took note of the draft annotated agenda of the 1010bis meeting as it appears at Appendix 4 to the present volume of Decisions.
Item 2.1a
Current political questions
a. Activities for the development and consolidation of democratic stability
- Montenegro
- Forum for the Future of Democracy
(GR-DEM(2007)CB12, SG/Inf(2007)10, FFD-AB(2007)8 and FFD-AB(2007)9)
Decisions
The Deputies
1. took note of the synopsis of the GR-DEM meeting held on 22 October 2007
(document GR-DEM(2007)CB12);
Concerning Montenegro
in the light of the first Secretariat report on the Republic of Montenegro concerning compliance with obligations and commitments and the implementation of the post-accession co-operation programme (document SG/Inf(2007)10):
2. welcomed the adoption of a new Constitution by Montenegro and invited the authorities of Montenegro to carry out, with the assistance of the Council of Europe, the necessary legislative and practical reforms in order to implement the new Constitution, in particular regarding the independence and functioning of the judiciary;
3. called on the authorities of Montenegro to improve the substantive provisions on human and minority rights in the legislation and to strengthen their protection mechanisms;
4. encouraged the authorities of Montenegro to consider solutions to improve the efficiency of the structures dedicated to fighting corruption, organised crime and trafficking in human beings;
5. recalled the importance of full co-operation with the International Criminal Tribunal for the former Yugoslavia (ICTY), of lifting the domestic obstacles to an effective prosecution of war criminals and of ensuring greater regional co-operation in this respect, including by the ratification of the relevant Council of Europe conventions;
6. invited the authorities of Montenegro to engage in a collaborative effort with the Secretariat with a view to the preparation, before the end of this year, of a proposed post-accession co-operation programme;
7. invited the Montenegrin authorities to follow-up the recommendations contained in the first report, with a view to demonstrating progress in the second report following a new Secretariat mission early in 2008;
Concerning the Forum for the Future of Democracy
8. agreed to resume consideration of this item at their 1011th meeting (21 November 2007);
Concerning the action plans for co-operation with the South Caucasus countries
9. invited the Secretariat to present a stocktaking of the implementation of the action plans for 2006/2007 and to undertake, by the end of the year, consultations with the interested countries in order to determine the priorities of co-operation for the preparation of future action plans and to submit them to their Rapporteur Group on Democracy (GR-DEM).
Item 2.3
Monitoring Group (GT-SUIVI.AGO) –
Oral progress report on the Group’s work by the Chair
This item was postponed under Item 1.1.
Item 3.1a
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
a. Written Question No. 525 by Mr Bartumeu Cassany: “Preventing corruption in Slovenia”
Decision
The Deputies adopted the reply to Written Question No. 525 by Mr Bartumeu Cassany: “Preventing corruption in Slovenia” as it appears at Appendix 5 to the present volume of Decisions.[1]
Item 3.1b
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
b. Written Question No. 527 by Mr Huss: “Ban on a Moscow demonstration by lesbian, gay, bisexual and transgender persons in 2007”
This item was postponed under Item 1.1.
Item 3.1c
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
c. Written Question No. 531 by Mr Salles: “New attacks on freedom of expression in Turkey”
(CM/Del/Dec(2007)1003/3.1d and CM/AS(2007)Quest531-prov)
This item was postponed under item 1.1.
Item 3.1d
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
d. Written Question No. 524 by Mrs Acketoft: “Ban on a Chişinau demonstration by homosexuals”
(CM/Del/Dec(2007)998/3.2a, CM/Del/Dec(2007)1004/3.1b, CM/Del/Dec(2007)1005/1.1, CM/Del/Dec(2007)1006/3.2b, CM/Del/Dec(2007)1009/1.1 and CM/AS(2007)Quest524-prov2)
Decision
The Deputies adopted the reply to Written Question No. 524 by Mrs Acketoft: “Ban on a Chişinau demonstration by homosexuals”, as it appears at Appendix 6 to the present volume of Decisions.[2]
Item 4.1
“Rights of national minorities in Latvia” –
Parliamentary Assembly Recommendation 1772 (2006)
This item was postponed under item 1.1.
Item 4.2a
European Commission against Racism and Intolerance (ECRI)
a. Examination of proposals for the nomination of members
(Resolution Res(2002)8 and DG-HL(2007)5)
Decision
The Deputies took note of the names and curricula vitae of the persons designated by Denmark, Greece, Lithuania and Spain as members and deputies to the members of ECRI for a term of office of five years, starting on 1 January 2008, as they appear in document DG-HL(2007)5.
Item 4.2b
European Commission against Racism and Intolerance (ECRI)
b. Nomination of a member and deputy to the member of ECRI in respect of Serbia
(Resolution Res(2002)8 and DG-HL(2007)6)
Decision
The Deputies took note of the names and curricula vitae of the persons designated by Serbia as member and deputy to the member of ECRI for a term of office of five years, starting on 1 January 2008, as they appear in document DG-HL(2007)6.
Item 4.3
European Court of Human Rights – Election of judges –
List of candidatures in respect of Latvia
Decisions
The Deputies
1. took note of the list of candidates for the election of a judge of the European Court of Human Rights presented in respect of Latvia;
2. decided to bring the list of candidates in respect of Latvia to the attention of the Parliamentary Assembly.
Item 5.1a,b
Steering Committee on the Media and New Communication Services (CDMC)
a. Draft Recommendation CM/Rec(2007)… of the Committee of Ministers to member states on measures concerning media coverage of election campaigns and its draft Explanatory Memorandum
(CM(2007)155 and CM(2007)155-add)
b. Draft Recommendation CM/Rec(2007)… of the Committee of Ministers to member states on measures to promote the public service value of the Internet
Decisions
The Deputies
1. adopted Recommendation CM/Rec(2007)15 of the Committee of Ministers to member states on measures concerning media coverage of election campaigns, as it appears at Appendix 7 to the
present volume of Decisions and took note of its Explanatory Memorandum, as it appears in document CM(2007)155-add;
2. adopted Recommendation CM/Rec(2007)16 of the Committee of Ministers to member states on measures to promote the public service value of the Internet, as it appears at Appendix 8 to the present volume of Decisions.
Item 10.1
Observer status of the Council of Europe to the London Action Plan
Decision
The Deputies authorised the Secretary General to request observer status with the London Action Plan for the Council of Europe.
Appendix 1
(Item 1.1)
1010 Meeting of the Ministers' Deputies
(Strasbourg, 7 (10 a.m.) November 2007)
Agenda
|
1. |
General questions |
|
|
1.1 |
Adoption of the agenda |
|
|
1.2 |
Preparation of forthcoming meetings (CM/Notes/1010/1.2 of 6.11.2007) |
|
|
1.3 |
Communication from the Secretary General and the Deputy Secretary General |
|
|
1.4 |
Report of the Bureau (CM/Notes/1010/1.4 of 6.11.2007) |
|
|
1.5 |
Conferences of Specialised Ministers – State of preparation (CM/Notes/1010/1.5-rev of 6.11.2007) |
|
|
1.6 |
Review of action taken by the Committee of Ministers on Parliamentary Assembly recommendations (CM/Notes/1010/1.6 of 11.10.2007) |
|
|
1.7 |
Transfer of chairmanship between the Republic of Serbia and the Slovak Republic – Preparation (CM/Del/Dec(2007)1006/1.2, CM/Del/Dec(2007)1009/1.6) (CM/Notes/1010/1.7-rev of 6.11.2007) |
|
|
2. |
Democracy and political questions |
|
|
2.1 |
Current political questions a. Activities for the development and consolidation of democratic stability - Montenegro - Forum for the Future of Democracy (Item prepared by the GR-DEM on 22.10.2007) (GR-DEM(2007)CB12, SG/Inf(2007)10, FFD-AB(2007)8, FFD-AB(2007)9) (CM/Notes/1010/2.1 of 25.10.2007) |
|
|
b. Other questions - Statement by the Representative of Georgia - Statement by the Representative of Serbia |
||
|
2.2 |
Situation in Cyprus |
|
|
2.3 |
Monitoring Group (GT-SUIVI.AGO) – Oral progress report on the Group’s work by the Chair (CM/Notes/1010/2.3 of 31.10.2007) |
|
|
(Item postponed) |
||
|
3. |
Parliamentary Assembly |
|
|
3.1 |
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers a. Written Question No. 525 by Mr Bartumeu Cassany: “Preventing corruption in Slovenia” (CM/Del/Dec(2007)999bis/3.1a, CM/AS(2007)Quest525-prov) (CM/Notes/1010/3.1a of 29.10.2007) |
|
|
b. Written Question No. 527 by Mr Huss: “Ban on a Moscow demonstration by lesbian, gay, bisexual and transgender persons in 2007” |
||
|
(Item postponed) |
||
|
c. Written Question No. 531 by Mr Salles: “New attacks on freedom of expression in Turkey” (CM/Del/Dec(2007)1003/3.1d, CM/AS(2007)Quest531-prov) (CM/Notes/1010/3.1c of 29.10.2007) |
||
|
(Item postponed) |
||
|
d. Written Question No. 524 by Mrs Acketoft: “Ban on a Chişinau demonstration by homosexuals” (CM/Del/Dec(2007)998/3.2a, CM/Del/Dec(2007)1004/3.1b, CM/Del/Dec(2007)1005/1.1, CM/Del/Dec(2007)1006/3.2b, CM/Del/Dec(2007)1009/1.1, CM/AS(2007)Quest524-prov2) (CM/Notes/1010/3.1d of 30.10.2007) |
||
|
4. |
Human rights |
|
|
4.1 |
“Rights of national minorities in Latvia” – Parliamentary Assembly Recommendation 1772 (2006) |
|
|
(Item postponed) |
||
|
4.2 |
European Commission against Racism and Intolerance (ECRI) – a. Examination of proposals for the nomination of members (Item prepared by the GR-H on 23.10.2007) (Resolution Res(2002)8, DG-HL(2007)5) (CM/Notes/1010/4.2a of 11.10.2007 and CM/Notes/1010/4.2a-corr of 19.10.2007) b. Nomination of a member and a deputy to the member of ECRI in respect of Serbia (Item prepared by the GR-H on 23.10.2007) (Resolution Res(2002)8, DG-HL(2007)6) (CM/Notes/1010/4.2b of 24.10.2007) |
|
|
4.3 |
European Court of Human Rights – (Item prepared by the GR-H on 23.10.2007) (CM(2007)167 of 26.10.2007) (CM/Notes/1010/4.3 of 26.10.2007) |
|
|
5. |
Media |
|
|
5.1 |
Steering Committee on the Media and New Communication Services (CDMC) a. Draft Recommendation CM/Rec(2007)… of the Committee of Ministers to member states on measures concerning media coverage of election campaigns and its draft Explanatory Memorandum (CM(2007)155, CM(2007)155-add) b. Draft Recommendation CM/Rec(2007)… of the Committee of Ministers to member states on measures to promote the public service value of the Internet (Item prepared by the GR-H on 23.10.2007) (CM/Notes/1010/5.1 of 26.10.2007) |
|
|
10. |
Legal questions |
|
|
10.1 |
Observer status of the Council of Europe to the London Action Plan (CM/Notes/1010/10.1 of 29.10.2007) |
|
|
12. |
Congress of Local and Regional Authorities of the Council of Europe |
|
|
12.1 |
Presentation of the Autumn Session (Strasbourg, 20-21 November 2007) by the Secretary General of the Congress |
|
|
13. |
Any other business |
|
Appendix 2
(Item 1.2)
1012 (Budget) Meeting of the Ministers' Deputies
(Strasbourg, 27 (10 a.m.) – 29 November 2007)
Draft agenda
In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 31 October 2007
Notes: 16 November 2007
|
1. |
General questions |
|
1.1 |
Adoption of the agenda |
|
1.2 |
Preparation of forthcoming meetings (CM/Notes/1012/1.2 of …) |
|
1.3 |
Communication from the Secretary General and the Deputy Secretary General |
|
1.4 |
Report of the Bureau
(CM/Notes/1012/1.4 of …) |
|
2. |
Democracy and political questions |
|
2.1 |
Current political questions |
|
2.2 |
Situation in Cyprus |
|
7. |
Education and culture |
|
7.1 |
Steering Committee for Higher Education and Research (CDESR) a. Abridged report of the 6th plenary session (Strasbourg, 21-22 September 2007) b. Draft terms of reference (Item to be prepared by the GR-C on 22.11.2007) (CM/Notes/1012/7.1 of …) |
|
11. |
Administration and logistics |
|
11.1 |
Council of Europe Budgets – Financial Year 2008 – Draft Budgets - Part 1: Ordinary Budget, Subsidiary Budgets – Services, Subsidiary Budget of the European Youth centres and Subsidiary Budget for Publications – Draft Programme of Activities – Activities carried over from 2007 |
|
- Part 2: Extraordinary Budget |
|
|
- Part 3: Pensions Budget - Part 4: Budget of the European Youth Foundation (Items to be prepared by the GR-AB on 8.11.2007) (CM/Notes/1012/11.2-Part 1 to 4 of …) . Budgets of the Partial Agreements (Volume III)
- Part 7: Budget of the Partial Agreement on the Council of Europe Development Bank - Part 8: Budget of the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) - Part 9: Budget of the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters
- Part 12: Budget of the Partial Agreement on the Youth Card
(CM/Notes/1012/11.2-Part 5 to 13 of …)
|
|
|
11.2 |
Budget Committee – (Item to be prepared by the GR-AB on 8.11.2007) (CM/Notes/1012/11.2 of …) |
|
11.3 |
Ad hoc Committee of Experts on Buildings (CAHB) – Appointment of members and alternate members for the period 18 March 2008 – 17 March 2011 (CM/Notes/1012/11.3 of 31.10.2007) |
|
11.4 |
Proposal to establish an independent Audit Committee (Item prepared by the GR-AB on 11.10.2007) (CM/Notes/1012/11.4 of …) |
|
11.5 |
Ad hoc Committee of Experts on Buildings (CAHB) – Meeting report (Strasbourg, 27-28 September 2007) (Item to be prepared by the GR-AB on 8.11.2007) (CM/Notes/1012/11.5 of …) |
|
11.6 |
Management Board of the Pension Reserve Fund – 2nd report of the Management Board to the Committee of Ministers (CM/Notes/1012/11.6 of …) |
|
11.7 |
Co-ordinating Committee on Remuneration (CCR) – Annual adjustment of remuneration of the staff of the Co-ordinated Organisations 1 January 2008 – 182nd report (Item to be prepared by the GR-AB on 8.11.2007) (CM(2007)161 (Bilingual), CM(2007)161-add (Bilingual)) (CM/Notes/1012/11.7 of …) |
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11.8 |
Rules for the reimbursement of Experts (Item to be prepared by the GR-AB on 8.11.2007) (CM(2007)163 and CM(2007)163-add) (CM/Notes/1012/11.8 of …) |
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11.9 |
Committee for Works of Art (C-ART) – Report of the 26th meeting (Strasbourg, 2 October 2007) (CM/Notes/1012/11.9 of 30.10.2007) |
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13. |
Any other business |
APPENDIX to the Agenda of the 1012th (Budget) meeting
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LIST OF DOCUMENTS |
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DRAFT BUDGET FOR 2008 – General Budget (Parts 1 to 4) |
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Draft Budget for 2008 – Ordinary Budget – Subsidiary Budgets – Services, Subsidiary Budget of the European Youth Centres and Subsidiary Budget for Publications – Extraordinary Budget – Pensions Budget – Budget of the European Youth Foundation – Activities carried over from 2007
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Draft Programme of Activities for 2008 |
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Adjustment of scales of contributions by member states and non-member states to the budgets of the Council of Europe for the financial year 2008 |
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Meeting reports of the Budget Committee – May 2007, September 2007 and October 2007 Sessions |
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Priorities for 2008 – Budgetary implications |
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Parliamentary Assembly Opinion No. 265 (2007) |
Expenditure of the Assembly for the financial year 2008 |
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Parliamentary Assembly Opinion No. 264 (2007) |
Budgets of the Council of Europe for 2008 |
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GR-AB synopsis |
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DRAFT PROGRAMME OF ACTIVITIES FOR 2008
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Draft Programme of Activities for 2008 – Vote II of the Budget
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Report on the draft Programme of Activities for 2008
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DRAFT BUDGETS OF THE PARTIAL AGREEMENTS FOR 2008 (Parts 5 to 13) |
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Draft Budget for 2008 – Budgets of the Partial Agreements
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Meeting report of the Budget Committee – September 2007 Session |
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GR-AB(2007)CB7 and |
GR-AB synopses |
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Appendix 3
(Item 1.2)
1014 Meeting of the Ministers' Deputies
(Strasbourg, 12 (10 a.m.) December 2007)
Draft agenda
In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 14 November 2007
Notes: 30 November 2007
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1. |
General questions |
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1.1 |
Adoption of the agenda |
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1.2 |
Preparation of forthcoming meetings |
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1.3 |
Communication from the Secretary General and the Deputy Secretary General |
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1.4 |
Report of the Bureau |
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1.5 |
Conferences of Specialised Ministers – State of preparation (CM/Notes/1014/1.5 of …) |
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1.6 |
Agreement between the European Community and the Council of Europe on co-operation between the European Union Agency for Fundamental Rights and the Council of Europe (CM/Notes/1014/1.6 of …) |
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2. |
Democracy and political questions |
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2.1 |
Current political questions a. Activities for the development and consolidation of democratic stability (Item to be prepared by the GR-DEM on 6.12.2007)
b. Other questions |
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2.2 |
Situation in Cyprus |
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3. |
Parliamentary Assembly |
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3.1 |
a. Communication of the Secretary General of the Parliamentary Assembly on the Standing Committee (Bratislava, 23 November 2007), on the 1st Part of the 2008 Session (21‑25 January 2008) and other Assembly activities b. Texts adopted at the Standing Committee of the Parliamentary Assembly (Bratislava, 23 November 2007) (Provisional compendium of texts adopted) (CM/Notes/1014/3.1 of …) |
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3.2 |
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers a. Written Question No. 521 by Mrs de Pourbaix-Lundin: “Monitoring protection of rape victims” (CM/Del/Dec(2007)1002/3.2b, CM/Del/Dec(2007)1003/3.1e, CM/AS(2007)Quest521-prov2 of …) (CM/Notes/1014/3.2a of …) |
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4. |
Human rights |
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4.1 |
The Council of Europe Commissioner for Human Rights – Presentation of the Commissioner's reports on his visits to Austria (21-25 May 2007) and Bosnia and Herzegovina (4-11 June 2007) (BcommDH(2007).., BcommDH(2007)…) |
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4.2 |
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) – (Item to be prepared by the GR-H on 11.12.2007) (CM(2007)…) (CM/Notes/1014/4.2 of …) |
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4.3 |
Request of the Advisory Committee for authorisation to commence the monitoring of the Framework Convention without a state report in respect of Bulgaria (CM/Notes/1014/4.3 of …) |
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6. |
Social cohesion |
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6.1 |
European Committee for Social Cohesion (CDCS) – Abridged report of the 19th meeting (Strasbourg, 20-21 September 2007) (Item to be prepared by the GR-SOC on 20.11.2007) (CM/Notes/1014/6.1 of …) |
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6.2 |
European Health Committee (CDSP) – Draft Recommendation CM/Rec(2007)… of the Committee of Ministers to member states on the inclusion of gender differences in health policy (Item to be prepared by the GR-SOC on 20.11.2007) (CM/Notes/1014/6.2 of …) |
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6.3 |
Committee on the Rehabilitation and Integration of People with Disabilities (Partial Agreement) (CD‑P‑RR) a. Abridged report of the 30th session (Strasbourg, 17-19 October 2007) b. Draft Resolution ResAP(2007)... “Achieving full participation through Universal Design” c. Draft Resolution ResAP(2007)... on the education and social inclusion of children and youth with autism spectrum disorders (Item to be prepared by the GR-SOC on 20.11.2007) (CM/Notes/1014/6.3 of …) |
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6.4 |
European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH) – Draft revised terms of reference (Item to be prepared by the GR-SOC on 20.11.2007) (CM/Notes/1014/6.4 of …) |
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6.5 |
“Child victims: stamping out all forms of violence, exploitation and abuse” – Parliamentary Assembly Recommendation 1778 (2007) (Item to be prepared by the GR-SOC on 20.11.2007) (REC_1778(2007), CM/AS(2007)Rec1778-prov2 of …) (CM/Notes/1014/6.5 of …) |
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7. |
Education and culture |
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7.1 |
22nd Standing Conference of European Ministers of Education (Istanbul, 4-5 May 2007) – Report by the Secretary General (Item to be prepared by the GR-C on 22.11.2007) (CM/Notes/1014/7.1 of …) |
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7.2 |
Steering Committee for Cultural Heritage (CDPAT) – Abridged report of the 6th meeting (Strasbourg, 14-15 May 2007) (Item to be prepared by the GR-C on 22.11.2007) (CM(2007)122 and CM(2007)122-corr (English only)) (CM/Notes/1014/7.2 of …) |
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9. |
Sustainable development |
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9.1 |
Memorandum of Co-operation between the Council of Europe and the Secretariat of the International Strategy for Disaster Reduction (UN/ISDR) (Item to be prepared by the GR-C on 22.11.2007) (CM/Notes/1014/9.1 of …) |
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11. |
Administration and logistics |
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11.1 |
Budget Committee – Appointment of members and alternate members for the period 1 January 2008 – 31 December 2010 (CM(2007)79, CM(2007)79-add1, CM(2007)79-add2, CM(2007)79-add3, CM(2007)79-add4, CM(2007)79-add5, CM(2007)79-add6, CM(2007)79-add7, CM(2007)79-add8, CM(2007)79-add9, CM(2007)79-add10, CM(2007)79-add11 of …) (CM/Notes/1014/11.1 of …) |
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12. |
Congress of Local and Regional Authorities of the Council of Europe |
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12.1 |
a. Communication by the Chief Executive of the Congress on the Autumn Session b. Adopted texts of the Autumn Session of the Congress (Compendium of adopted texts) (CM/Notes/1014/12.1 of …) |
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13. |
Any other business |
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Appendix 4
(Item 1.7)
Transfer of chairmanship – Draft annotated agenda
Opening of the 1010bis meeting of the Ministers’ Deputies
(Strasbourg, 12 (10 a.m.) November 2007)
The meeting will begin at 10 a.m. in the Committee of Ministers’ meeting room. It will be chaired jointly by the Minister for Foreign Affairs of the Republic of Serbia, Mr Vuk JEREMIĆ, and the Minister for Foreign Affairs of the Slovak Republic, Mr Ján KUBIŠ.
1. General questions
1.1 Adoption of the agenda
The discussions will follow the draft agenda, as approved at the 1006th meeting of the Deputies, on 10 October 2007.
1.2 Stocktaking of the outgoing chairmanship of the Republic of Serbia (10 a.m. – 11 a.m.)
Under this item, the Minister for Foreign Affairs of Republic of Serbia, Mr Vuk JEREMIĆ, will present the Serbian Chairmanship’s achievements over the past six months. A written report will also be made available (document CM/Inf(2007)45[3]). This presentation will be followed by an exchange of views.
Transfer of chairmanship
After this item, the outgoing Serbian Chair will officially hand over to the incoming Slovak Chair. The Minister for Foreign Affairs of the Slovak Republic will take the chair.
1.3 Presentation of the priorities of the incoming chairmanship of the Slovak Republic
(11 a.m. – 12 noon)
Under this item, the Minister for Foreign Affairs of the Slovak Republic, Mr Ján KUBIŠ, will present the priorities of the Slovak Chairmanship for the coming six months on the basis of the programme distributed before the meeting (document CM/Inf(2007)46). This presentation will be followed by an exchange of views.
13. Any other business
None is foreseen.
End of the meeting
The meeting is scheduled to end around 12 noon and will be followed by the opening of an exhibition: “Slovak naïve painting from Serbia from collection of Babka Gallery – Kovacica” – and by a reception hosted by Serbia.
At 12.30 p.m., a joint press conference by the outgoing and incoming Chairs will take place in Room 1.
Following the press conference, Mr Vuk JEREMIĆ, Minister for Foreign Affairs of the Republic of Serbia, will host a luncheon in the Restaurant of the Palais de l’Europe (1 p.m.).
Appendix 5
(Item 3.1a)
Reply to Written Question No. 525 by Mr Bartumeu Cassany: “Preventing corruption in Slovenia”
(Adopted by the Committee of Ministers on 7 November 2007
at the 1010th meeting of the Ministers’ Deputies)
1. The Committee of Ministers has carefully studied Written Question No. 525 by Mr Bartumeau Cassany and has consulted the Slovenian authorities concerning the matter raised therein. Regarding the issues raised by the Honourable Parliamentarian more generally, the Committee of Ministers would like to recall that Guiding Principle 7 of the Resolution (97) 24 on the Twenty Guiding Principles for the Fight against Corruption refers to the need to promote the specialisation of persons or bodies in charge of fighting corruption and to provide them with appropriate means and training to perform their tasks.
2. The Committee of Ministers further notes that the creation of specialised and independent bodies entrusted, inter alia, with the co-ordination of anti-corruption policies is a requirement that is not only recognised in the Council of Europe, but also in a wider international context. In this connection, the United Nations Convention against Corruption (UNCAC), adopted on 9 December 2003, requires in its Article 6 the creation of a preventive anti-corruption body or bodies, which is to be responsible to (1) implement preventive anti-corruption policies and, where appropriate, oversee and co-ordinate the implementation of those policies, and (2) increase and disseminate knowledge about the prevention of corruption. Furthermore, it requires that the specialised bodies are granted with the necessary independence, resources and specialised staff to carry out their functions effectively and free from any undue influence.
3. The Committee of Ministers recalls that the creation of a special body for the overall co-ordination of the anti-corruption policy in Slovenia was recommended by the Group of States against Corruption (GRECO) during its First Evaluation Round (Greco Eval I Rep (2000) 3E). GRECO further considered in its compliance procedure that Slovenia had met the recommendation through the establishment of the Commission for the Prevention of Corruption (Greco RC-I (2003) 1E).
4. In December 2005, GRECO was informed of the intention of the Slovenian authorities to abolish the Commission for the Prevention of Corruption and expressed its concern in the First Addendum to the Compliance Report on Slovenia (Greco RC-I (2003) 1E Addendum), that such a move could have a negative impact on the overall co-ordination of anti-corruption policy in Slovenia. The authorities were therefore requested to provide further information, by 1 March 2006, on the planned dismantling of the Commission for the Prevention of Corruption, and notably on the reasons for the move and whether the important tasks of the Commission would be continued or discontinued. In March 2006, GRECO adopted the Second Addendum to the Compliance Report (Greco RC-I (2003) 1E Addendum II Revised 2) and thus terminated the First Round compliance procedure in respect of Slovenia. GRECO noted the envisaged reform through the adoption of the Incompatibility Act, which entrusts a Parliamentary Commission with the review of public officials’ financial declarations. GRECO nevertheless indicated that it would have appreciated being kept informed about the concrete steps taken to ensure co-ordination of anti-corruption policy in Slovenia in the future, i.e. after the Commission for the Prevention of Corruption had been effectively dismantled.
5. The Permanent Representation of Slovenia to the Council of Europe has supplied additional information to the Committee of Ministers, illustrating that Decision U-I-57/06-28 of the Constitutional Court of the Republic of Slovenia of 29 March 2007, referred to also by the member of the Parliamentary Assembly, specifies that certain parts of the Incompatibility Act (Ur. l. RS, No. 20/06) are not in conformity with the Constitution. The Constitutional Court has suspended the implementation of the Incompatibility Act and ruled that the provisions of the Prevention of Corruption Act apply until the final decision is made. The decision requires the National Assembly to remedy the established unconstitutionality within six months. Until the established unconstitutionality has been remedied, the provisions of the Prevention of Corruption Act, except for certain articles (provisions relating to the formulation of integrity plans), will apply. The decision of the Constitutional Court emphasises that the legislator is responsible for remedying the established unconstitutionality as soon as possible and ensuring the implementation of the Incompatibility Act. In this context, the government has been drawing up amendments to the Incompatibility Act in accordance with guidelines contained in the decision of the Constitutional Court.
6. The Permanent Representation of Slovenia has also informed the Committee of Ministers that it has been planning to ratify the UN Convention against Corruption. Representatives of the Republic of Slovenia have been in contact with representatives of those countries which have already ratified the Convention on the Fight against Corruption.
7. Finally, the Committee of Ministers would like to recall that Slovenia continues to report directly on this matter to the Group of States against Corruption (GRECO), which is the monitoring body of the Council of Europe anti-corruption standards.
Appendix 6
(Item 3.1d)
Reply to Written Question No. 524 by Mrs Acketoft: “Ban on a Chişinau demonstration by homosexuals”
(Adopted by the Committee of Ministers on 7 November 2007
at the 1010th meeting of the Ministers’ Deputies)
1. Regarding the lawfulness of the decision by the local authorities in Chişinau, the Committee of Ministers would like to emphasise that it is not for the Committee, but for national judicial authorities and ultimately for the European Court of Human Rights to determine the compatibility of individual national measures with the European Convention on Human Rights. This notwithstanding, the Moldovan authorities have informed the Committee of Ministers that the Chişinau City Council, in consultation with the police authorities, for reasons of public safety and the prevention of disorder in the light of previous experiences, decided not to allow the demonstration referred to by the Honourable Parliamentarian to take place as planned. Instead closed premises were proposed to the groups concerned, but this offer was turned down. A national action plan on human rights (2004-2008) covering, inter alia, rights and freedoms of sexual minorities, refers both to legislative reform and to the promotion of tolerance and knowledge of international standards in this field among the police and prosecution services as well as the public in general.
2. Regarding the issues raised by the Honourable Parliamentarian more generally, the Committee of Ministers would like to recall 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 is meant to materialise in all European societies, and discrimination on grounds of sexual orientation is not compatible with the value of tolerance and the principle of equality, to which all the member states are bound.
3. Like all member states, Moldova has ratified the European Convention on Human Rights and is committed to guarantee respect for all Convention rights, including the rights to freedom of expression and freedom of assembly to all individuals within its jurisdiction, without any discrimination. While the Convention allows for restrictions on the exercise of the rights to freedom of expression and freedom of assembly, such restrictions must be prescribed by law and be necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedom of others. According to the established case law of the European Court of Human Rights (the Court) peaceful demonstrations, be they in favour of the rights of lesbian, gay, bisexual and transgender (LGBT) persons or others, cannot be banned simply because of the existence of attitudes hostile to the demonstrators or to the causes they advocate. On the contrary, the state has a duty to take reasonable and appropriate measures to enable lawful demonstrations to proceed peacefully. In a series of judgments, the Court has emphasised that any discrimination based on sexual orientation is contrary to the Convention.[4] All member states must observe the Convention when they apply national law, notably in the light of the case law of the Court.
4. The Congress of Local and Regional Authorities of the Council of Europe recently adopted Recommendation 211 (2007) and Resolution 230 (2007) on freedom of assembly and expression for LGBT persons. The Committee of Ministers welcomes these texts, while noting that decisions to allow demonstrations are often taken at local or regional level. It has furthermore noted, from the Parliamentary Assembly’s report on the State of Human Rights and Democracy in Europe, that the Assembly is elaborating a report on the same subject.
5. The Committee of Ministers believes that this reply in itself will already serve as a useful reminder to member states of the relevant human rights principles. In addition, it will consider how to enhance Council of Europe action in this area, in order to achieve more synergy, co-ordination and substantial results. In this context, attention should be drawn to concerns repeatedly expressed by the Council of Europe Commissioner for Human Rights, as well as to the ongoing work undertaken by the Steering Committee for Human Rights (CDDH). The Steering Committee recently adopted a report on “hate speech” and will continue to consider this issue in the context of its work on human rights in a multicultural society. The CDDH is also currently examining the topic of human rights defenders with a view to identifying ways and means to improve their protection. Freedom of association and peaceful assembly is, of course, at the heart of this activity and this includes defenders which are particularly vulnerable to victimisation such as LGBT groups.
Appendix 7
(Item 5.1a)
Recommendation CM/Rec(2007)15
of the Committee of Ministers to member states
on measures concerning media coverage of election campaigns
(Adopted by the Committee of Ministers on 7 November 2007
at the 1010th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe;
Noting the important role of the media in modern societies, especially at the time of elections;
Considering the constant development of information and communication technology and the evolving media landscape which necessitates the revision of Recommendation No. R (99) 15 of the Committee of Ministers on measures concerning media coverage of election campaigns;
Aware of the need to take account of the significant differences which still exist between the print and the broadcast media;
Considering the differences between linear and non-linear audiovisual media services, in particular as regards their reach, impact and the way in which they are consumed;
Stressing that the fundamental principle of editorial independence of the media assumes a special importance in election periods;
Underlining that the coverage of elections by the broadcast media should be fair, balanced and impartial;
Recalling the basic principles contained in Resolution No. 2 adopted at the 4th Ministerial Conference on Mass Media Policy (Prague, December 1994), and Recommendation No. R (96) 10 of the Committee of Ministers on the guarantee of the independence of public service broadcasting;
Noting the emergence of public service media in the information society as elaborated in Recommendation Rec(2007)3 of the Committee of Ministers on the remit of public service media in the information society;
Considering that public service media are a publicly accountable source of information which have a particular responsibility in ensuring in their programmes, a fair, balanced and thorough coverage of elections, which may include the carrying of messages of political parties and candidates free of charge and on an equitable basis;
Noting that particular attention should be paid to certain specific features of the coverage of election campaigns, such as the dissemination of opinion polls, paid political advertising, the right of reply, days of reflection and provision for pre-election time;
Stressing the important role of self-regulatory measures by media professionals themselves – for example, in the form of codes of conduct – which set out guidelines of good practice for responsible, accurate and fair coverage of election campaigns;
Recognising the complementary nature of regulatory and self-regulatory measures in this area;
Convinced of the usefulness of appropriate frameworks for media coverage of elections to contribute to free and democratic elections, bearing in mind the different legal and practical approaches of member states in this area and the fact that it can be subject to different branches of law;
Acknowledging that any regulatory framework on the media coverage of elections should respect the fundamental principle of freedom of expression protected under Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights;
Recalling Recommendation Rec(2004)16 of the Committee of Ministers on the right of reply in the new media environment which allows the possibility for easy-to-use instant or rapid correction of contested information,
Recommends that the governments of the member states, if they have not already done so, examine ways of ensuring respect for the principles stated hereinafter regarding the coverage of election campaigns by the media, and, where necessary, adopt appropriate measures to implement these principles in their domestic law or practice and in accordance with constitutional law.
Definition
For the purposes of this recommendation:
The term “media” refers to those responsible for the periodic creation of information and content and its dissemination over which there is editorial responsibility, irrespective of the means and technology used for delivery, which are intended for reception by, and which could have a clear impact on, a significant proportion of the general public. This could, inter alia, include print media (newspapers, periodicals) and media disseminated over electronic communication networks, such as broadcast media (radio, television and other linear audiovisual media services), online news-services (such as online editions of newspapers and newsletters) and non-linear audiovisual media services (such as on-demand television).
Scope of the recommendation
The principles of this recommendation apply to all types of political elections taking place in member states, including presidential, legislative, regional and, where practicable, local elections and referenda.
These principles should also apply, where relevant, to media reporting on elections taking place abroad, especially when these media address persons in the country where the election is taking place.
In member states where the notion of the “pre-election period” is defined under domestic legislation, the principles contained in this recommendation should also apply.
Principles
I. General provisions
1. Non-interference by public authorities
Public authorities should refrain from interfering in the activities of journalists and other media personnel with a view to influencing the elections.
2. Protection against attacks, intimidation or other types of unlawful pressure on the media
Public authorities should take appropriate steps for the effective protection of journalists and other media personnel and their premises, as this assumes a greater significance during elections. At the same time, this protection should not obstruct the media in carrying out their work.
3. Editorial independence
Regulatory frameworks on media coverage of elections should respect the editorial independence of the media.
Member states should ensure that there is an effective and manifest separation between the exercise of control of media and decision making as regards media content and the exercise of political authority or influence.
4. Ownership by public authorities
Member states should adopt measures whereby the media which are owned by public authorities, when covering election campaigns, should do so in a fair, balanced and impartial manner, without discriminating against or supporting a specific political party or candidate.
If such media outlets accept paid political advertising in their publications, they should ensure that all political contenders and parties that request the purchase of advertising space are treated in an equal and non-discriminatory manner.
5. Professional and ethical standards of the media
All media are encouraged to develop self-regulatory frameworks and incorporate self-regulatory professional and ethical standards regarding their coverage of election campaigns, including, inter alia, respect for the principles of human dignity and non-discrimination. These standards should reflect their particular roles and responsibilities in democratic processes.
6. Transparency of, and access to, the media
If the media accept paid political advertising, regulatory or self-regulatory frameworks should ensure that such advertising is readily recognisable as such.
Where media is owned by political parties or politicians, member states should ensure that this is made transparent to the public.
7. The right of reply or equivalent remedies
Given the short duration of an election campaign, any candidate or political party which is entitled to a right of reply or equivalent remedies under national law or systems should be able to exercise this right or equivalent remedies during the campaign period without undue delay.
8. Opinion polls
Regulatory or self-regulatory frameworks should ensure that the media will, when disseminating the results of opinion polls, provide the public with sufficient information to make a judgement on the value of the polls. Such information could, in particular :
- name the political party or other organisation or person which commissioned and paid for the poll;
- identify the organisation conducting the poll and the methodology employed;
- indicate the sample and margin of error of the poll;
- indicate the date and/or period when the poll was conducted.
All other matters concerning the way in which the media present the results of opinion polls should be decided by the media themselves.
Any restriction by member states forbidding the publication/dissemination of opinion polls (on voting intentions) on voting day or a number of days before the election should comply with Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights.
Similarly, in respect of exit polls, member states may consider prohibiting reporting by the media on the results of such polls until all polling stations in the country have closed.
9. “Day of reflection”
Member states may consider the merits of including a provision in their regulatory frameworks to prohibit the dissemination of partisan electoral messages on the day preceding voting or to provide for their correction.
II. Measures concerning broadcast media
1. General framework
During election campaigns, regulatory frameworks should encourage and facilitate the pluralistic expression of opinions via the broadcast media.
With due respect for the editorial independence of broadcasters, regulatory frameworks should also provide for the obligation to cover election campaigns in a fair, balanced and impartial manner in the overall programme services of broadcasters. Such an obligation should apply to both public service media and private broadcasters in their relevant transmission areas.
Member states may derogate from these measures with respect to those broadcast media services exclusively devoted to, and clearly identified as, the self-promotion of a political party or candidate.
2. News and current affairs programmes
Where self-regulation does not provide for this, member states should adopt measures whereby public service media and private broadcasters, during the election period, should in particular be fair, balanced and impartial in their news and current affairs programmes, including discussion programmes such as interviews or debates.
No privileged treatment should be given by broadcasters to public authorities during such programmes. This matter should primarily be addressed via appropriate self-regulatory measures. In this connection, member states might examine whether, where practicable, the relevant authorities monitoring the coverage of elections should be given the power to intervene in order to remedy possible shortcomings.
3. Non-linear audiovisual services of public service media
Member states should apply the principles contained in points 1 and 2 above or similar provisions to non-linear audiovisual media services of public service media.
4. Free airtime and equivalent presence for political parties/candidates on public service media
Member states may examine the advisability of including in their regulatory frameworks provisions whereby public service media may make available free airtime on their broadcast and other linear audiovisual media services and/or an equivalent presence on their non-linear audiovisual media services to political parties/candidates during the election period.
Wherever such airtime and/or equivalent presence is granted, this should be done in a fair and non-discriminatory manner, on the basis of transparent and objective criteria.
5. Paid political advertising
In member states where political parties and candidates are permitted to buy advertising space for election purposes, regulatory frameworks should ensure that all contending parties have the possibility of buying advertising space on and according to equal conditions and rates of payment.
Member states may consider introducing a provision in their regulatory frameworks to limit the amount of political advertising space and time which a given party or candidate can purchase.
Regular presenters of news and current affairs programmes should not take part in paid political advertising.
Appendix 8
(Item 5.1b)
Recommendation CM/Rec(2007)16
of the Committee of Ministers to member states
on measures to promote the public service value of the Internet
(Adopted by the Committee of Ministers on 7 November 2007
at the 1010th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage;
Recalling that States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights – ETS No. 5) have undertaken to secure to everyone within their jurisdiction the human rights and fundamental freedoms defined in the Convention;
Mindful of the particular roles and responsibilities of member states in securing the protection and promotion of these rights and freedoms;
Noting that information and communication technologies (ICTs) can, on the one hand, significantly enhance the exercise of human rights and fundamental freedoms, such as the right to freedom of expression, information and communication, the right to education, the right to assembly, and the right to free elections, while, on the other hand, they may adversely affect these and other rights, freedoms and values, such as the respect for private life and secrecy of correspondence, the dignity of human beings and even the right to life;
Concerned by the risk of harm posed by content and communications on the Internet and other ICTs as well as by the threats of cybercrime to the exercise and enjoyment of human rights and fundamental freedoms, and recalling in this regard the Convention on Cybercrime (ETS No. 185) and its Additional Protocol concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No. 189) and the specific provisions in the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201);
Aware that communication using new information and communication technologies and services must respect the right to privacy as guaranteed by Article 8 of the European Convention on Human Rights and by the 1981 Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108), and as elaborated by Recommendation No. R (99) 5 of the Committee of Ministers to member states on the protection of privacy on the Internet;
Noting that the outcome documents of the World Summit on the Information Society (WSIS) (Geneva 2003 – Tunis 2005) recognise the right for everyone to benefit from the information society and reaffirmed the desire and commitment of participating states to build a people-centred, inclusive and development-oriented information society, respecting fully and upholding the Universal Declaration of Human Rights, as well as the universality, indivisibility, interdependence and interrelation of all human rights and fundamental freedoms, including the right to development;
Convinced that access to and the capacity and ability to use the Internet should be regarded as indispensable for the full exercise and enjoyment of human rights and fundamental freedoms in the information society;
Recalling the 2003 UNESCO Recommendation concerning the Promotion and Use of Multilingualism and Universal Access to Cyberspace, which calls on member states and international organisations to promote access to the Internet as a service of public interest;
Recalling the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which states that freedom of thought, expression and information, as well as diversity of the media, enable cultural expressions to flourish within societies, and which calls on Parties to encourage individuals and social groups to create, produce, disseminate, distribute and have access to their own cultural expressions;
Aware that the media landscape is rapidly changing and that the Internet is playing an increasingly important role in providing and promoting diverse sources of information to the public, including user-generated content;
Noting that our societies are rapidly moving into a new phase of development, towards a ubiquitous information society, and therefore that the Internet constitutes a new pervasive social and public space which should have an ethical dimension, which should foster justice, dignity and respect for the human being and which should be based on respect for human rights and fundamental freedoms, democracy and the rule of law;
Recalling the currently accepted working definition of Internet governance, as the development and application by governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures and programmes that shape the evolution and use of the Internet;
Convinced therefore that the governance of the Internet should be people-centred and pursue public policy goals which protect human rights, democracy and the rule of law on the Internet and other ICTs;
Aware of the public service value of the Internet, understood as people’s significant reliance on the Internet as an essential tool for their everyday activities (communication, information, knowledge, commercial transactions) and the resulting legitimate expectation that Internet services be accessible and affordable, secure, reliable and ongoing;
Firmly convinced that the Internet and other ICT services have high public service value in that they serve to promote the exercise and enjoyment of human rights and fundamental freedoms for all who use them, and that their protection should be a priority with regard to the governance of the Internet,
Recommends that, having regard to the guidelines in the appendix to this recommendation, the governments of member states, in co-operation, where appropriate, with all relevant stakeholders, take all necessary measures to promote the public service value of the Internet by:
- upholding human rights, democracy and the rule of law on the Internet and promoting social cohesion, respect for cultural diversity and trust between individuals and between peoples in the use of ICTs, and in particular, the Internet;
- elaborating and delineating the boundaries of the roles and responsibilities of all key stakeholders within a clear legal framework, using complementary regulatory frameworks;
- encouraging the private sector to acknowledge and familiarise itself with its evolving ethical roles and responsibilities, and to co-operate in reviewing and, where necessary, adjusting its key actions and decisions which may impact on individual rights and freedoms;
- encouraging in this regard the private sector to develop, where appropriate and in co-operation with other stakeholders, new forms of open and transparent self- and co-regulation on the basis of which key actors can be held accountable;
- encouraging the private sector to contribute to achieving the goals set out in this recommendation and developing public policies to supplement the operation of market forces where these are insufficient;
- bringing this recommendation to the attention of all relevant stakeholders, in particular the private sector and civil society, so that all necessary measures are taken to contribute to the implementation of its objectives.
Appendix to the recommendation
I. Human rights and democracy
Human rights
Member states should adopt or develop policies to preserve and, whenever possible, enhance the protection of human rights and respect for the rule of law in the information society. In this regard, particular attention should be paid to:
- the right to freedom of expression, information and communication on the Internet and via other ICTs promoted, inter alia, by ensuring access to them;
- the need to ensure that there are no restrictions to the abovementioned right (for example in the form of censorship) other than to the extent permitted by Article 10 of the European Convention on Human Rights, as interpreted by the European Court of Human Rights;
- the right to private life and private correspondence on the Internet and in the use of other ICTs, including the respect for the will of users not to disclose their identity, promoted by encouraging individual users and Internet service and content providers to share the responsibility for this;
- the right to education, including media and information literacy;
- the fundamental values of pluralism, cultural and linguistic diversity, and non-discriminatory access to different means of communication via the Internet and other ICTs;
- the dignity and integrity of the human being with regard to the trafficking of human beings carried out using ICTs and by signing and ratifying the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197);
- the right to the presumption of innocence, which should be respected in the digital environment, and the right to a fair trial and the principle according to which there should be no punishment without law, which should be upheld by developing and encouraging legal, and also self- and co-regulatory frameworks for journalists and media service providers as concerns the reporting on court proceedings;
- the freedom for all groups in society to participate in ICT-assisted assemblies and other forms of associative life, subject to no other restrictions than those provided for by Article 11 of the European Convention on Human Rights as interpreted by the European Court of Human Rights;
- the right to property, including intellectual property rights, subject to the right of the state to limit the use of property in accordance with the general interest as provided by Article 1 of The Protocol to the European Convention on Human Rights (ETS No. 9).
Democracy
Member states should develop and implement strategies for e-democracy, e-participation and e-government that make effective use of ICTs in democratic process and debate, in relationships between public authorities and civil society, and in the provision of public services as part of an integrated approach that makes full and appropriate use of a number of communication channels, both online and offline. In particular, e-democracy and e-governance should uphold human rights, democracy and the rule of law by:
- strengthening the participation, initiative and involvement of citizens in national, regional and local public life and in decision-making processes, thereby contributing to more dynamic, inclusive and direct forms of democracy, genuine public debate, better legislation and active scrutiny of the decision-making processes;
- improving public administration and services by making them more accessible (inter alia through access to official documents), responsive, user-oriented, transparent, efficient and cost-effective, thus contributing to the economic and cultural vitality of society.
Member states should, where appropriate, consider introducing only e-voting systems which are secure, reliable, efficient, technically robust, open to independent verification and easily accessible to voters, in line with Recommendation Rec(2004)11 of the Committee of Ministers to member states on legal, operational and technical standards for e-voting.
Member states should encourage the use of ICTs (including online forums, weblogs, political chats, instant messaging and other forms of citizen-to-citizen communication) by citizens, non-governmental organisations and political parties to engage in democratic deliberations, e-activism and e-campaigning, put forward their concerns, ideas and initiatives, promote dialogue and deliberation with representatives and government, and to scrutinise officials and politicians in matters of public interest.
Member states should use the Internet and other ICTs in conjunction with other channels of communication to formulate and implement policies for education for democratic citizenship to enable individuals to be active and responsible citizens throughout their lives, to respect the rights of others and to contribute to the defence and development of democratic societies and cultures.
Member states should promote public discussion on the responsibilities of private actors, such as Internet service providers, content providers and users, and encourage them – in the interests of the democratic process and debate and the protection of the rights of others – to take self-regulatory and other measures to optimise the quality and reliability of information on the Internet and to promote the exercise of professional responsibility, in particular with regard to the establishment, compliance with, and monitoring of the observance of codes of conduct.
II. Access
Member states should develop, in co-operation with the private sector and civil society, strategies which promote sustainable economic growth via competitive market structures in order to stimulate investment, particularly from local capital, into critical Internet resources and ICTs, especially in areas with a low communication and information infrastructure, with particular reference to:
- developing strategies which promote affordable access to ICT infrastructure, including the Internet;
- promoting technical interoperability, open standards and cultural diversity in ICT policy covering telecommunications, broadcasting and the Internet;
- promoting a diversity of software models, including proprietary, free and open source software;
- promoting affordable access to the Internet for individuals, irrespective of their age, gender, ethnic or social origin, including the following persons and groups of persons:
a. those on low incomes;
b. those in rural and geographically remote areas; and
c. those with special needs (for example, disabled persons), bearing in mind the importance of design and application, affordability, the need to raise awareness among these persons and groups, the appropriateness and attractiveness of Internet access and services as well as their adaptability and compatibility;
- promoting a minimum number of Internet access points and ICT services on the premises of public authorities and, where appropriate, in other public places, in line with Recommendation No. R (99) 14 of the Committee of Ministers to member states on universal community service concerning new communication services;
- encouraging, where practicable, public administrations, educational institutions and private owners of access facilities to new communication and information services to enable the general public to use these facilities;
- promoting the integration of ICTs into education and promoting media and information literacy and training in formal and non-formal education sectors for children and adults in order to:
a. empower them to use media technologies effectively to create, access, store, retrieve and share content to meet their individual and community needs and interests;
b. encourage them to exercise their democratic rights and civic responsibilities effectively;
c. encourage them to make informed choices when using the Internet and other ICTs by using and referring to diverse media forms and content from different cultural and institutional sources; understanding how and why media content is produced; critically analysing the techniques, language and conventions used by the media and the messages they convey; and identifying media content and services that may be unsolicited, offensive or harmful.
III. Openness
Member states should affirm freedom of expression and the free circulation of information on the Internet, balancing them, where necessary, with other legitimate rights and interests, in accordance with Article 10, paragraph 2, of the European Convention on Human Rights as interpreted by the European Court of Human Rights, by:
- promoting the active participation of the public in using, and contributing content to, the Internet and other ICTs;
- promoting freedom of communication and creation on the Internet, regardless of frontiers, in particular by:
a. not subjecting individuals to any licensing or other requirements having a similar effect, nor any general blocking or filtering measures by public authorities, or restrictions that go further than those applied to other means of content delivery;
b. facilitating, where appropriate, “re-users”, meaning those wishing to exploit existing digital content resources in order to create future content or services in a way that is compatible with respect for intellectual property rights;
c. promoting an open offer of services and accessible, usable and exploitable content via the Internet which caters to the different needs of users and social groups, in particular by:
- allowing service providers to operate in a regulatory framework which guarantees them non-discriminatory access to national and international telecommunication networks;
- increasing the provision and transparency of their online services to citizens and businesses;
- engaging with the public, where appropriate, through user-generated communities rather than official websites;
- encouraging, where appropriate, the re-use of public data by non-commercial users, so as to allow every individual access to public information, facilitating their participation in public life and democratic processes;
- promoting public domain information accessibility via the Internet which includes government documents, allowing all persons to participate in the process of government; information about personal data retained by public entities; scientific and historical data; information on the state of technology, allowing the public to consider how the information society might guard against information warfare and other threats to human rights; creative works that are part of a shared cultural base, allowing persons to participate actively in their community and cultural history;
- adapting and extending the remit of public service media, in line with Recommendation Rec(2007)3 of the Committee of Ministers to member states on the remit of public service media in the information society, so as to cover the Internet and other new communication services and so that both generalist and specialised contents and services can be offered, as well as distinct personalised interactive and on-demand services.
IV. Diversity
Member states are encouraged to ensure that Internet and ICT content is contributed by all regions, countries and communities so as to ensure over time representation of all peoples, nations, cultures and languages, in particular by:
- encouraging and promoting the growth of national or local cultural industries, especially in the field of digital content production, including that undertaken by public service media, where necessary crossing linguistic and cultural barriers (including all potential content creators and other stakeholders), in order to encourage linguistic diversity and artistic expression on the Internet and other new communication services. This should apply also to educational, cultural, scientific, scholarly and other content which may not be commercially viable in accordance with the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions;
- developing strategies and policies and creating appropriate legal and institutional frameworks to preserve the digital heritage of lasting cultural, scientific, or other values, in co-operation with holders of copyright and neighbouring rights, and other legitimate stakeholders in order, where appropriate, to set common standards and ensure compatibility and share resources. In this regard, access to legally deposited digital heritage materials, within reasonable restrictions, should also be assured;
- developing a culture of participation and involvement, inter alia by providing for the creation, modification and remixing of interactive content and the transformation of consumers into active communicators and creators of content;
- promoting mechanisms for the production and distribution of user- and community-generated content (thereby facilitating online communities), inter alia by encouraging public service media to use such content and co-operate with such communities;
- encouraging the creation and processing of and access to educational, cultural and scientific content in digital form, so as to ensure that all cultures can express themselves and have access to the Internet in all languages, including indigenous ones;
- encouraging capacity building for the production of local and indigenous content on the Internet;
- encouraging the multilingualisation of the Internet so that everyone can use it in their own language.
V. Security
Member states should engage in international legal co-operation as a means of developing and strengthening security on the Internet and observance of international law, in particular by:
- signing and ratifying the Convention on Cybercrime (ETS No. 185) and its Additional Protocol concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No. 189), in order to be able to implement a common criminal policy aimed at the protection of society against cybercrime, to co-operate for the purposes of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence, and to resolve jurisdictional problems in cases of crimes committed in other states parties to the convention;
- promoting the signature and ratification of the Convention and Additional Protocol by non-member states as well as their use as model cybercrime legislation at the national level, so that a worldwide interoperable system and framework for global co-operation in fighting cybercrime among interested countries emerges;
- enhancing network and information security to enable them to resist actions that compromise their stability as well as the availability, authenticity, integrity and confidentiality of stored or transmitted data and the related services offered by or accessible via these networks and systems;
- empowering stakeholders to protect network and information security;
- adopting legislation and establishing appropriate enforcement authorities, where necessary, to combat spam. Member states should also facilitate the development of appropriate technical solutions related to combating spam, improve education and awareness among all stakeholders and encourage industry-driven initiatives, as well as engage in cross-border spam enforcement co-operation;
- encouraging the development of common rules on the co-operation between providers of information society services and law enforcement authorities ensuring that such co-operation has a clear legal basis and respects privacy regulations;
- protecting personal data and privacy on the Internet and other ICTs (to protect users against the unlawful storage of personal data, the storage of inaccurate personal data, or the abuse or unauthorised disclosure of such data, or against the intrusion of their privacy through, for example, unsolicited communications for direct marketing purposes) and harmonising legal frameworks in this area without unjustifiably disrupting the free flow of information, in particular by:
a. improving their domestic frameworks for privacy law in accordance with Article 8 of the European Convention on Human Rights and by signing and ratifying the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108);
b. providing appropriate safeguards for the transfer of international personal data to states which do not have an adequate level of data protection;
c. facilitating cross-border co-operation in privacy law enforcement;
- combating piracy in the field of copyright and neighbouring rights;
- working together with the business sector and consumer representatives to ensure e-commerce users are afforded transparent and effective consumer protection that is not less than the level of protection afforded in other forms of commerce. This may include the introduction of requirements concerning contracts which can be concluded by electronic means, in particular requirements concerning secure electronic signatures;
- promoting the safer use of the Internet and of ICTs, particularly for children, fighting against illegal content and tackling harmful and, where necessary, unwanted content through regulation, the encouragement of self-regulation, including the elaboration of codes of conduct, and the development of adequate technical standards and systems;
- promoting the signature and ratification of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201).
+ There were no decisions under this item.
[1] See also document CM/AS(2007)Quest525-final.
[2] See also document CM/AS(2007)Quest524-final.
[3] To be issued shortly.
[4] Among other authorities, Salgueiro da Silva Mouta v. Portugal, judgment 21 December 2001; L. and V. v. Austria, judgment of 9 January 2003; Karner v. Austria, judgment of 24 July 2003; B.B. v. United Kingdom, judgment of 10 February 2004.