The 612th meeting (B level) of the Ministers' Deputies opened on 16 December 1997 at 10am under the chairmanship of Mr. D. Constas, Deputy for the Minister for Foreign Affairs of Greece.
PRESENT
ALBANIA
Mr V. Hebibasi
ANDORRA
-
AUSTRIA
Mr J. Fröhlich
BELGIUM
Mr B. Charlier
BULGARIA
-
CROATIA
Ms N. Rajakovic
CYPRUS
Mr C. Miltiades
CZECH REPUBLIC
Mr J. Pavlíček
DENMARK
Mr E. Hedegaard
ESTONIA
Mrs E-K. Kala
FINLAND
Mrs T. Turunen
Mrs S. From
FRANCE
Mrs J. Caballero-Kolbenstetter
Mr V. Muller
Miss A. Trichon
Mrs M. Hervieux
GERMANY
Mr P. Schönberg
Mr T. Schneider
GREECE
Mr D. Constas, Chairman
Mr G. Ayfantis
HUNGARY
Mr Z. Taubner
ICELAND
-
IRELAND
Mr P. Grant
ITALY
Mr G. La Barca
LATVIA
Mr M. Klišāns
LIECHTENSTEIN
-
LITHUANIA
Mr A. Namavičius
LUXEMBOURG
Mrs N. Gattoni
MALTA
-
MOLDOVA
Mr A. Codreanu
NETHERLANDS
Mr K. Hoogendoorn
NORWAY
Mr H. Saetre
POLAND
Mr T. Oleszkiewicz
Mr M. Luczka
PORTUGAL
Mr J.P. de Matos Sequiera Berberan e Santos
ROMANIA
Mr G. Magheru
Mr C. Alecse
Mr T. Corlatean
RUSSIAN
FEDERATION
Mr A. Popykine
Mr K. Klimovskiy
SAN MARINO
Mme L. Bologna
SLOVAK REPUBLIC
Mr P. Kormúth
SLOVENIA
Mr M. Pogačnik
Miss M. Tovšak
SPAIN
Mrs M. Vilardell
Mr A. Abellán
SWEDEN
Mrs M.A. Ramsay
Mrs T. Hyden
SWITZERLAND
Mr A. Guidetti
"THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA"
Mrs V. Sotirovska
TURKEY
Mr E. Enç
Mrs A. Gunyakti
UKRAINE
Mr I. Mysyk
UNITED KINGDOM
Mrs H. Taylor
Miss F. Sinclair
*
* *
EUROPEAN
COMMISSION
Mr A. Ianniello
*
* *
612th meeting –16 December 1997
Item 1.1
1.1
The Deputies adopted the agenda of their 612th meeting (16 (10am) December 1997, B level), as it appears in Appendix 1 to the present volume of Decisions.
612th meeting – 16 December 1997
Item 1.3
1.3
(CM/Del/Dec/Act(97)509/1.3, CM(97)154)
The Deputies agreed to resume consideration of this item at their 615th meeting (20 January 1998, B level).
612th meeting – 16 December 1997
Item 2.1
2.1
ORGANISATION BY THE COUNCIL OF EUROPE
OF A SECOND EUROPEAN CAMPAIGN
ON NORTH-SOUTH INTERDEPENDENCE AND SOLIDARITY IN 1998
Parliamentary Assembly Recommendation 1319 (1997)
(CM/Del/Dec/Act(97)598/2.4, 601/2.4, 609bis/2.3, CM(88)185, CM(97)140 and CM(97)211,
Parliamentary Assembly Recommendation 1319 (1997))
The Deputies decided to resume consideration of this item at their 615th meeting (20 January 1998, B level).
612th meeting –16 December 1997
Item 5.1
5.1
(CDMM)
(CM/Del/Dec/Act(97)602/5.1, CM(97)118)
Decision
The Deputies approved the terms of reference of the Group of Specialists on media in a pan-European perspective (MM-S-EP) and the Group of Specialists on the protection of the rights holders in the media sector (MM-S-PR), as they appear respectively in Appendices 2 and 3 to the present volume of Decisions.
612th meeting – 16 December 1997
Item 6.1
6.1
MIGRATION FROM THE DEVELOPING COUNTRIES TO THE
EUROPEAN INDUSTRIALISED COUNTRIES
Recommendation 1306 (1996) of the Parliamentary Assembly
(CM/Del/Dec/Act(97)609/6.4, CM(96)127, CM(97)96 and 108
Assembly Recommendation 1306 (1996))
Decision
The Deputies adopted the following reply to Parliamentary Assembly Recommendation 1306(1996) on migration from the developing countries to the European industrialised countries:
"1. The Committee of Ministers noted with interest Recommendation 1306(1996) of the Parliamentary Assembly on migration from the developing countries to the European industrialised countries. In particular, it welcomes the fact that this Recommendation is set in the context of the follow-up to the 6th Conference of Ministers responsible for Migration (Warsaw, 16-18 June 1996). The Final Communiqué of that Conference, which was forwarded to the Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe for information, contains numerous undertakings on the part of the European Ministers responsible for Migration Affairs.
2. The continuation of policies on community relations, integration and the promotion of tolerance at both national and international level remains one of the objectives of the European Ministers responsible for Migration Affairs. Wishing to ease migration pressure, the Ministers also undertook to examine the root causes of migration and to strengthen international co-operation in order to bring the root causes of migration under control. Furthermore the Ministers committed themselves to look for ways of strengthening international co-operation in order to combat illegal migration and illegal employment. In this connection, the Ministers recalled that the right of any person to enter the territory of his or her own country is a fundamental right forming part of human rights and they emphasised the obligation placed on each State under international law to readmit its own nationals.
3. Against that background, the Committee of Ministers highlights the particular relevance of the observations made in the 2nd preambular paragraph of Assembly Recommendation 1306. It notes in particular the significance of the contributions made by immigrants to the social, economic and political development of industrialised countries and the need to respect the limits of the capacity of their labour markets.
4. With regard to the 4th preambular paragraph, which is closely linked to the 2nd, the Committee of Ministers has doubts about the validity of this statement. There is no doubt that, faced as they are at present with persistent economic difficulties and, in particular, high unemployment rates, European countries see fewer possibilities of admitting new migrants. They are therefore looking for ways of retaining control over immigration while respecting human rights and international standards in the areas of children's rights, the family, the protection of refugees and humanitarian law. The Warsaw Conference confirmed, moreover, that short-term migration, concerning students, trainees, seasonal workers and project workers, should be seen as a predominant pattern for the future. Everything should be done, therefore, to ensure that these movements take place within perfectly legal channels and that they are not subsequently misused, as the Assembly text points out.
5. Paragraph 7 of the Recommendation 1306 recommends, firstly, coherent migration policies among the Council of Europe member States. In this connection, there is, on the one hand, the formal undertaking made by the Ministers at their Conference in Warsaw last year and, on the other, the Council of Europe's Intergovernmental Programme of Activities, which includes projects in this area.
6. For example, a reflection group on "Managing Migration in the Wider Europe" was set up in 1997 with the aim of developing a comprehensive approach bringing together the need for efficient management of immigration with longer term concerns such as integration and the root causes of migration, and assisting governments in defining principles for orderly migration movements into and within Europe. To monitor long-term developments in migration movements more closely and identify feasible policy options in this regard, the regularly updated reports by Dr John Salt on "Current trends in international migration in Europe" used as a basis for exchanges of views on this subject within the European Committee on Migration (CDMG).
7. With regard to "measures to prevent and reduce irregular migration" (cf. paragraph 7 v. of the Recommendation), temporary employment was identified by the CDMG as a factor in reducing irregular migration. The international forum par excellence dealing with technical, organisational and administrative aspects of illegal migration is the Budapest Group, which is involved in the Council of Europe's activities given that it holds observer status with the CDMG and the Ad Hoc Committee of Experts on Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR). The Committee of Ministers in fact forwarded the Final Communiqué of the 6th Conference of European Ministers responsible for Migration Affairs to the latter committee (CAHAR), as well as to ECRI and the European Committee on Legal Co-operation (CDCJ), in November 1996, so that they could draw inspiration from it in their programmes of activities.
8. Concerning the recommendation made in paragraph 7 vi., the Committee of Ministers wishes to assure the Assembly that the member States are very concerned about the problems arising from the continued presence of clandestine migrants on their territories and that they will continue discussing this matter within the CDMG and its subordinate committees. The Committee of Ministers is convinced that any effective measures which might be adopted by
the member States will not overlook the particular circumstances of certain migrants so that specific cases may be dealt with from the humanitarian point of view.
9. With regard to the numerous recommendations made in paragraph 7 vii., which are directed at the member States individually, the Committee of Ministers informs the Assembly that Recommendation 1306 has been brought to the attention of the governments of all member States. Furthermore, the member States' experts on the European Committee on Migration (CDMG) have taken note of Recommendation 1306 and in particular the recommendation made in paragraph 7 vii.d. concerning the signing and ratification of European and international conventions designed to improve the status of immigrants, notably the Convention on the Participation of Foreigners in Public Life at Local Level and the European Convention on the Legal Status of Migrant Workers. At the last Council of Europe Summit (Strasbourg, 10-11 October 1997), the Heads of State and Government affirmed their determination, "… to protect the rights of lawfully residing migrant workers and to facilitate their integration in the societies in which they live." (cf. Final Declaration of the Strasbourg Summit).
10. Concerning the International Convention on the Elimination of all Forms of Racial Discrimination (cf. paragraph 7 vii.e) and the fight against racism, xenophobia, antisemitism and intolerance at national level, the Committee of Ministers points out that the setting up of the European Commission against Racism and Intolerance (ECRI) was a key component of the Council of Europe's Plan of Action on combating racism, xenophobia, antisemitism and intolerance. In dealing with the problems related to racism and intolerance from both the legal and political points of view, ECRI, among others, adopts a country-by-country approach. This approach consists in analysing the situation in each of the member States and making useful, practical proposals to help governments in their work of combating racism and intolerance at national level. All the member States have been invited by ECRI to sign and ratify all the international legal instruments relevant to the fight against racism and intolerance (cf. ECRI general policy recommendation No.1).
11. ECRI puts the emphasis on the positive aspects of migratory movements, especially between European countries, because migration has always been a source of dynamism for European society. Economic and political factors at present stimulate, and will probably continue to stimulate, migratory movements. The possibility of concluding bilateral agreements with the aim of admitting short-term migrants to a limited extent and under well-defined conditions as a means of reducing irregular migration has been studied in the framework of the project on "Temporary migration for employment and training purposes" (cf. paragraph 7 vii.g.). It was felt that one of the crucial questions in the management of short-term migratory movements is the legal protection granted to the temporary migrant worker, whose position implies a certain precariousness, in particular the relationship with his employer. This has led the CDMG to adopt guidelines for the legal protection of short-term migrant workers which are intended to guide the Council of Europe member States in their treatment of short-term migrants and thus help to reduce irregular migration.
12. Appropriate measures to moderate migration flows (cf. paragraph 7 vii.h.) and the conclusion of readmission agreements with the countries of origin in which human rights are respected in accordance with Council of Europe standards are to be studied as elements of a comprehensive approach in migration policy in the framework of the project of "Managing migration in a wider Europe. Other organisations such as the Budapest Group or IOM are also dealing with these subjects and present their work and activities regularly to the CDMG with a view to avoiding duplication."
612th meeting – 16 December 1997
Item 7.1
7.1
BUREAU OF THE COUNCIL FOR CULTURAL CO-OPERATION
(CDCC)
Abridged meeting report
(Strasbourg, 5-6 November 1997)
Decision
The Deputies took note of the report of the meeting of the CDCC Bureau on 5‑6 November 1997 (CM(97)186).
612th meeting – 16 December 1997
Item 9.2
9.2
CONGRESS OF LOCAL AND REGIONAL AUTHORITIES OF EUROPE (CLRAE)
Recommendation 18 (1996) on "Guiding principles for the action
of the Congress when preparing reports on Local and Regional
democracy in member States and applicant States"
(CM/Del/Dec/Act(97)609/9.1b, CM/Inf(95)18, CM(96)108,
GR-E(97)9, 10, 11,12)
The Deputies adopted the reply to Recommendation 18 (1996) on "guiding principles for the action of the Congress when preparing reports on local and regional democracy in member States and applicant States", as it appears in Appendix 4 to the present volume of Decisions.
612th meeting – 16 December 1997
Item 9.3
9.3
EXTENSION OF THE SPECIAL ACCOUNT
(CM/Del/Dec/Act(93)500/42, CM/Del/Dec/Act(95)548/11.2)
Decisions
The Deputies
1. authorised the extension of the special account "Local Democracy Embassies", the closing date of which is now fixed at 31 December 1999;
2. noted that the functioning of the account would be examined further in the light of the discussion taking place in the Rapporteur Group on Relations with the Countries of Central and Eastern Europe.
612th meeting – 10-11 December 1997
Item 10.1
10.1
DRAFT RECOMMENDATION No. R (97) .. CONCERNING
THE ETHICAL AND ORGANISATIONAL ASPECTS
OF HEALTH CARE IN PRISON
(PC-CP)
(CM/Del/Dec/Act(97)600/10.2c, CM(97)116 and 179)
Decision
The Deputies agreed to resume consideration of this item at their 615th meeting (20 January 1998, B level).
612th meeting – 16 December 1997
Item 10.2
10.2
ON PUBLIC INTERNATIONAL LAW (CAHDI)
14th Meeting (9-10 September 1997)
The Deputies
1. adopted the specific terms of reference of the Group of Specialists on Reservations to International Treaties (DI-S-RIT) as they appear in Appendix 5 to the present volume of Decisions;
2. took note of the report of the 14th meeting of the Committee of Legal Advisers on Public International Law (CAHDI), as it appears in document CM(97)187, as a whole;
3. agreed to resume consideration of proposals concerning the future role of CAHDI at their 615th meeting (20 January 1998, B level).
612th meeting – 16 December 1997
Item 10.3
10.3
OPEN PARTIAL AGREEMENT ON THE PREVENTION OF, PROTECTION AGAINST AND ORGANISATION OF RELIEF IN MAJOR NATURAL AND TECHNOLOGICAL DISASTERS
(CM/Del/Dec/Act(97)606/10.1)
The Deputies, in their composition restricted to the member States of the Open Partial Agreement[1], agreed to the request of Lebanon to accede to the Open Partial Agreement on the prevention of, protection against and organisation of relief in major natural and technological disasters (EUR-OPA Major Hazards).
612th meeting – 16 December 1997
Item 11.1
11.1
PARTIAL AGREEMENT
ON THE CO-OPERATION GROUP TO COMBAT DRUG
ABUSE AND ILLICIT TRAFFICKING IN DRUGS
(POMPIDOU GROUP) CHANGE IN THE TERMS OF REFERENCE
OF THE SPECIAL "EPIDEMIOLOGY" ACCOUNT
Decisions
The Representatives on the Committee of Ministers of the States Parties to the Partial Agreement on the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group)
1. authorised the transformation of the terms of reference of the special "epidemiology" account, which had been agreed to at the 442nd meeting of the Deputies (June 1990, item 33), into that of a special account for "activities on the work programme of the Pompidou Group", so that it could receive voluntary contributions that could be used to fund not only activities in the epidemiology field but also other specific projects carried out as part of the Pompidou Group's programme of activities;
2. agreed that the terms of reference of the special account would otherwise remain unchanged.
[1] States concerned : Albania, Belgium, Bulgaria, France, Greece, Italy, Luxembourg, Malta, Portugal, Russian federation, San Marino, Spain, "the Former Yugoslav Republic of Macedonia", Turkey and Ukraine.