RAPPORTEUR GROUP

Human rights

GR-H(2017)11

25 October 2017[1]

Secretary General’s document on the “Policy of the Council of Europe in relation to the death penalty: challenges and policy options” – follow-up Item to be considered by the GR-H at its meeting on 16 November 2017

The biennial Resolution by the United Nations General Assembly on a moratorium on the use of the death penalty

In November 2007, UN Resolution 62/149 on a Moratorium on the use of death penalty was adopted by the United Nations General Assembly (UNGA). Since 2008, new resolutions reaffirming the UNGA’s previous call for a global moratorium on the death penalty have been adopted every two years.

The abolition of the death penalty in Europe is a hallmark achievement of the Council of Europe, making Europe a death penalty-free area for more than 800 million citizens. In the light of this achievement and given the Council of Europe’s expertise, the Committee of Ministers could assume a more proactive  role in the preparation, advocacy and sponsoring of these UN resolutions.

Against this background, the Deputies have invited the Secretary General to draw up practical proposals to strengthen the Council of Europe’s contribution to the biennial UN Resolution “Moratorium on the use of the death penalty”.

Practical proposals by the Secretary General

1.         It is recommended that the Committee of Ministers makes more use of its annual ‘Exchange of views on the United Nations (human rights questions) with experts from capitals, usually held in February, as a platform for raising awareness among member States of the need for an active involvement in the negotiations leading to the adoption of the UNGA Resolution on a moratorium on the use of the death penalty.

2.         Following the annual Exchange of views, and as a second step, consideration could be given by the GR-H to the initial draft prepared by the Inter-Regional Task Force on the death penalty (IRTF) in New York, which is usually issued around the month of September (for illustration, the timeline of negotiations of 2016 in New York can be found in Appendix II).

3.         The discussion in the GR-H may be preceded and followed up by informal briefing meetings in New York at key stages of the negotiation process. The task of convening these briefing meetings could be entrusted to the incumbent CM Chairmanship. The outcome of the briefing meetings would be communicated to Strasbourg so as to keep the Committee of Ministers informed. As appropriate, key stakeholders, e.g. from the EU Death Penalty Task Force, could be invited.

APPENDIX I

United Nations General Assembly Resolution on a global moratorium on the death penalty

Key facts about the negotiation process

The negotiations on this biennial resolution are held within a framework of well-established formal and informal fora. The language in the resolution is informed by a wealth of sources, including the UN Human Rights Council, various other UN fora, special procedures and existing UN texts.

It is the prerogative of UN Member States to table any resolutions as they see fit. In the present context, abolitionist UN Member States have set up an Inter-Regional Task Force (IRTF) to prepare and eventually table at the Third Committee a draft resolution. In addition to working on the text, another task of the IRTF is to enlist as many cosponsors as possible for the tabling of the draft resolution.

A key regional platform on the abolitionist side is the EU coordination mechanism and in particular the EU Death Penalty Task Force. Work on the draft resolution in the IRTF usually commences in September, but there are some indications that in 2018 there will be an attempt to start the drafting process some weeks earlier. This might be an occasion for Council of Europe member States to consider, as part of a possible new internal procedure, to consider an initial draft in GR-H and the Ministers’ Deputies.

Once an initial draft (‘zero draft’) has been agreed at the IRTF, its co-chairs convene informal meetings which are open to all UN member States.

Finally, a draft resolution is tabled at the Third Committee by the IRTF co-chairs on behalf of the draft resolution’s cosponsors.

Early in the process, the EU Task Force draws up lobbying lists in which target countries are assigned to its members. In support of these efforts, non-EU Council of Europe member States that are favourable to the Resolution may consider to help lobby other UN member States and to participate actively in negotiations about the draft resolution.

APPENDIX II

United Nations General Assembly Resolution on a global moratorium on the death penalty

Retrospective timeline during 71^st Session through to adoption on 20 December 2016

September                   UN Member States assembled in the Inter-Regional Task Force (IRTF) prepare an initial draft as a basis for negotiations on the Resolution

30 September               IRTF meeting (revision of IRTF draft)

5 October                     Deadline for IRTF members to agree on the revised draft

11 October       (a.m.)   Distribution of revised draft (zero draft) to cosponsors by email

                        (p.m.)   Distribution of zero draft to all member States (quickplace)

                                    Uploading of zero draft to e-cosponsor

14 October                  First informal meeting (presentation of zero draft)

                                   followed by IRTF meeting

20 October                   Second informal meeting (first reading)

                                   followed by IRTF meeting

24 October                   Cosponsors meeting, followed by IRTF meeting

                                   (agreeing final text for tabling)

25 October                   Distribution of rev.1 to all member States (quickplace)

                                   Uploading of rev.1 to e-co-sponsor

28 October                   Tabling of rev.1 at Third Committee

                                   (IRTF Co-Chairs on behalf of cosponsors)

1 November                 Third informal meeting (second reading, if needed)

                                   followed by IRTF meeting

4 November                 Introduction of the resolution to Third Committee

9 November                  Co-sponsors meeting (if needed), followed by IRTF

11 November                Tabling of rev. 2 (if needed)

17 November               Adoption by Third Committee

20 December                Adoption of Resolution by United Nations General Assembly

(co-sponsored by 89 countries)