Ministers’ Deputies

CM Documents

CM(2016)47-final       25 May 2016[1]

 

1257 Meeting, 25 May 2016

6 Social cohesion

 

6.1 Establishment of a European Roma Institute for Arts and Culture

b. Co-operation between the Council of Europe and the European Roma Institute for Arts and Culture (ERIAC) — Draft Memorandum of Understanding

Item examined by the GR-SOC on 10 May 2016

 

Context

1.         At their 1235th meeting on 15-16 September 2015, the Deputies:

“1.         agreed in principle to the establishment of a European Roma Institute for Arts and Culture (working title);

2.         noted that the Secretariat would pursue the preparatory work, taking into account the discussions held during the meeting of their Rapporteur Group on Social and Health Questions
(GR-SOC) of 8 September 2015, with a view to submitting the draft statute and draft memorandum of understanding with the Council of Europe for consideration by the GR-SOC in the near future.”

2.         At the 1252nd meeting of the Ministers’ Deputies on 30 March 2016, the Permanent Representative of Germany announced that his government would be ready to locate the European Roma Institute for Arts and Culture (ERIAC) in Berlin. The Secretary General welcomed this invitation of the German government.

3.         The present document contains the draft memorandum of understanding on the cooperation between the Council of Europe and ERIAC. It is recalled that the foreseen annual financial contribution of the Council of Europe amounting to €200,000 for both 2016 and 2017 has been provided for in the Programme and Budget 2016-2017.

4.         The two draft documents necessary for the official registration of ERIAC as a foundation under German law, i.e. the Statutes and the “Act of Foundation” have been distributed separately in document CM(2016)46-final.

5.         The Deputies will be invited to authorise the Secretary General to sign the relevant documents for the establishment of ERIAC.

Draft “Memorandum of Understanding” concerning co-operation between the Council of Europe and the European Roma Institute for Arts and Culture (ERIAC)

The Council of Europe and the European Roma Institute for Arts and Culture (ERIAC) (hereinafter: the Parties), which share the goal of promoting arts and culture as a means to promote human rights and thereby to tackle anti-gypsyism and discrimination against Roma^[2] in Europe and to increase their self-esteem, agree on the following:

Article 1 ‒ Scope

On the basis of the shared fundamental values and principles and in pursuance of the aims of fostering the full inclusion of Roma in a democratic society, the promotion of their culture, respect for human rights, intercultural dialogue and understanding, the mission and mandate of ERIAC (hereinafter: the Foundation) are to contribute to the implementation of the Council of Europe’s principles and goals in all member States with a Roma population, as spelled out in its relevant policy recommendations and statements including the “Strasbourg Declaration on Roma” (2010), in the field of arts and culture.

Article 2 ‒ Mission of the Foundation

The Foundation shall act as a resource centre and hub for the promotion for Roma arts and culture in Europe. The Foundation shall disseminate information and serve as a platform and meeting place for artists, cultural activists, researchers, policy-makers, journalists and other relevant actors of Roma and non-Roma background in its field of expertise.

The Foundation shall co-operate with the Council of Europe on the basis of their shared values and principles. The Foundation respects the standards of equity, participation, pluralism, transparency, accountability and the rule of law, in a manner that is effective, efficient and enduring.

In its activities, the Foundation will, in the field of arts and culture, complement the activities of other institutions working for Roma inclusion, avoiding unnecessary duplication of efforts and undue competition with similar initiatives.

Article 3 ‒ Target groups

The target groups of the Foundation will consist mainly of artists, multipliers, practitioners, researchers, administrators and decision-makers in all questions regarding arts and culture, including history, of Roma in Europe. In its activities, the Foundation is expected to co-operate with international, national, regional and local Roma organisations and initiatives, building on their experience and inspiration in the fields of arts and culture.

Article 4 ‒ Strategic objectives of the cooperation

The strategic objectives of the cooperation are:

•           to support the outreach of Council of Europe initiatives concerning the fight against anti-Gypsyism and discrimination against Roma in Europe and to increase their self-esteem by means of arts and culture;

•           to provide advice on examples of good practice in all areas of art and culture, which can be used by the Council of Europe, member States and NGOs in order to underpin their efforts to facilitate the full inclusion of Roma in society; 

•           to raise awareness of the Council of Europe, member States and NGOs on emerging cultural trends, relevant for the inclusion of Roma and the protection of their identity and culture;

 

•           to disseminate up-to-date documentation and information to practitioners and other multipliers in these fields, with regard to Council of Europe values, standards and achievements;

•           to participate in the work of the Ad Hoc Committee of Experts on Roma and Traveller Issues (CAHROM) in the fields of competence of the Foundation;

•           to contribute in its fields of competence towards the work of the Council of Europe and its member States while remaining open for co-operation with other relevant Organisations such as the European Union, the OSCE and the agencies and institutions of the United Nations.

Programmes of activities, undertaken in the framework of the cooperation with the Council of Europe, will be established by the Foundation in pursuance of the above-mentioned objectives. The programme offered by the Foundation will contribute to the efforts of the Council of Europe by enhancing its capacity for initiating actions in the areas included in the Foundation’s mission.

The Special Representative of the Secretary General for Roma Issues (SRSG Roma) is the principal interlocutor of the Foundation in the implementation of these objectives. The Foundation will also work with other appropriate units of the Secretariat with a view to enhancing the impact of their work.

Article 5 ‒ Undertakings of the Council of Europe

The Council of Europe undertakes to:

•           co-operate with the Foundation with a view to the pursuit of the Foundation’s objectives in the most effective way and to the implementation of the Foundation’s programme of activities;

•           consider the Foundation as one of the partners for the implementation of Council of Europe initiatives in the field of Roma arts and culture with a view to enhancing its efforts in the fight against anti-Gypsyism;

•           provide, as appropriate, access by the Foundation to the acquis and expertise of the Council of Europe as regards the Foundation’s areas of activity and develop synergies between the respective programmes of activities. ERIAC will be granted access only to publicly accessible information with an exemption of ERIAC’s participation in the work of CAHROM.

Article 6 ‒ Financing

The Foundation is responsible for its own financial viability and sustainability over time. It is the understanding of both Parties that the Foundation must conduct effective fund-raising activities in order to secure the long-term viability of its operations.

The Council of Europe will provide a start-up financial contribution of € 200 000 in both 2016 and 2017, in order to contribute towards the necessary assets of the Foundation and to cover a part of its activities. For the following years, the Council of Europe will re-examine its annual contribution, in the light of an initial independent evaluation of the Foundation’s activity within two years after the formal setting-up of the Foundation, in the framework of the budget procedure.

Article 7 ‒ Governance

The Foundation shall be governed by a Board of Trustees composed of five members, with tasks and responsibilities laid down in relevant national legislation and the statutes of the Foundation.

One member of the Board shall be nominated by the Secretary General of the Council of Europe. The Council of Europe shall then communicate the name of the representative at the earliest opportunity. The Council of Europe shall nominate a suitably qualified nominee, according to the conditions set out in the statutes for the composition of the Board of Trustees.

The Foundation shall bear the travel and subsistence expenses involved in the fulfilment of the statutory functions and tasks of the members of the Board of Trustees.

Article 8 ‒ Contacts between the Parties

Until further notice, the contact point for relations with the Foundation within the Secretariat of the Council of Europe is the Special Representative of the Secretary General for Roma Issues.  On the side of the Foundation, the Executive Director shall be responsible for the contacts with the Council of Europe.

Article 9 ‒ The Foundation’s relations with the Council of Europe and its member States

In the course of its activities the Foundation shall comply with the fundamental values and standards underpinning Council of Europe activities. Neither the Council of Europe as such nor its member States shall be bound in any way by the statements and activities of the Foundation. In the event that the Foundation’s activities should be found to be contrary to the above-mentioned principles or to the provisions of the present Agreement, the Council of Europe reserves the right to suspend immediately all co-operation with the Foundation.

The Foundation is authorised to use the name, the European emblem and the logo of the Council of Europe for the activities that fall within the purpose of co-operation with the Council of Europe, in accordance with the applicable rules.

The Foundation shall not be entitled to invoke any privilege or immunity enjoyed by the Council of Europe, its buildings and premises.

Staff recruited by the Foundation shall be remunerated and managed in accordance with the national and local legislation and standards in place at the seat of the Foundation, and may not claim any link whatsoever with the Council of Europe in respect of contractual and working conditions or benefit from the privileges and immunities enjoyed by Council of Europe staff.

Article 10 ‒ Evaluation of the Foundation’s performance

Two years after the setting-up of the Foundation, and at least once every two years thereafter, the Parties shall hold a meeting to evaluate the operational impact and the functioning of the Foundation’s administration and governance structure, with a view to its on-going enhancement.

Article 11 ‒ Entry into force and termination

This Memorandum of Understanding is drawn up for a period of two years starting from the date when the Parties have informed each other that the conditions for entering-into-force have been fulfilled. It can be renewed without prejudice to other provisions of this Memorandum of Understanding (including financial contributions of the Council of Europe which are dependent on the budget decisions of the Committee of Ministers) for subsequent periods of one year, unless one of the Parties gives notice three months before the next renewal date. The terms of this Memorandum of Understanding may be amended or supplemented by means of a supplementary Agreement between the Parties, drawn up in writing, in conformity with the internal procedures.

Either Party may, after a period of two years, terminate this Memorandum of Understanding by giving three months written notice to the other Party on the understanding that appropriate consultations have taken place.

Signed in ……………………., this … the day of … 2016