MINISTERS’DEPUTIES

CM Documents

CM(2021)71

19 May 2021

131st Session of the Committee of Ministers (Hamburg, Germany, 21 May 2021) Strategic Framework of the Council of Europe: Relations with other international organisations

 

1.         Introduction

The “Strategic Framework” of the Council of Europe” (SG/Inf(2020)34) provides the following proposals:

“Relations with other international organisations

The further strengthening of relations and synergy with other international organisations remains a priority for the Organisation, particularly with our key partners: the EU, the UN and the Organization for Security and Co-operation in Europe (OSCE). Besides the development of joint activities and programmes, additional emphasis should be placed on avoiding duplication, in particular regarding monitoring activities. In the context of the implementation of the UN Sustainable Development Goals (SDGs), it is of utmost importance to strengthen and enhance the references and links between relevant activities of the Council of Europe and specific SDGs.”

The “Strategic Framework” also refers to EU accession to the European Convention on Human Rights (ECHR) as “a key priority for both” the Council of Europe (CoE) and the EU.^[1]

At present, the CoE has relations with around 100 international organisations/international bodies. Most of these relations have been formalised through a co-operation document.^[2] In addition, the CoE maintains ad hoc contacts and relations with some international organisations active in the areas of human rights, democracy and the rule of law (see below).

Amongst all these international organisations, as recalled in the “Strategic Framework”, the EU, the OSCE and the UN are our key partners.^[3] Relations are guided by general co-operation agreements and/or various sectorial agreements with respective entities. In addition to the EU, the OSCE and the UN, about 40 international organisations participate in the work of some of the CoE’s intergovernmental committees.

The Committee of Ministers has defined rules governing the CoE’s relations with international organisations. On 16 January 2008, the Committee of Ministers’ Deputies “recalled that any formal step leading to the conclusion of memoranda of understanding with other organisations should be submitted to them beforehand”. On 20 October 2010, the Committee of Ministers further adopted Rule No. 1318 of 20 October 2010 on Guidelines for concluding agreements between the Council of Europe and other international intergovernmental organisations or public international entities.^[4]

This document presents a short overview of current relations with our key partners and other international organisations and makes proposals for the implementation of the relevant aspects of the “Strategic Framework”.

2.         Relations with the EU, the OSCE and the UN[5]

-          EU

Co-operation is based on the Memorandum of Understanding of 23 May 2007 between the CoE and the EU, which provides, inter alia, that “the CoE will remain the benchmark for human rights, the rule of law and democracy in Europe”. Accordingly, close co-operation is ensured in order to preserve the coherence and efficiency of the European human rights system and to ever better address increasing common challenges. Co-operation has so far been further guided by annual decisions of the Committee of Ministers on the basis of regular reporting to the Ministerial Session.^[6]

Further to the entry into force of the 2009 Lisbon Treaty, the Head of the EU Delegation to the CoE participates in meetings of the Ministers’ Deputies and their Rapporteur Groups. The EU also participates in meetings of intergovernmental committees. There is also a wide range of sectorial co-operation, in particular with the EU Agency for Fundamental Rights (FRA), in order to avoid duplication and to ensure complementarity and added value.^[7] In addition, the EU is increasingly participating in CoE Conventions and bodies, as detailed in document CM(2021)25-final.

In practice, a strategic partnership with the EU has developed through three pillars - political dialogue, legal co-operation and programmatic co-operation. The EU has become the CoE’s main institutional partner in political, financial and legal terms.^[8] Relations between the two organisations have continued to intensify, both quantitatively and qualitatively. The intensity and the scope of the co-operation have reached an unprecedented level, reflecting an increased EU focus on democracy, the rule of law and human rights. More recently, co-operation has reached a new qualitative step with the strengthening of the benchmarking role of the CoE. This has materialised through active EU participation in key CoE standard-setting activities on the one hand, and through several contributions by the Organisation to the preparation of key EU strategic documents on the rule of law, human rights and democracy in the EU or beyond on the other. The objective of this co-operation is to ensure legal and policy coherence between the EU and the CoE, as well as to lay down the basis for further co-operation in the implementation of the different EU policies. The EU and the CoE have also increased co-operation on communication and visibility.

• High-level political dialogue has involved all relevant EU and CoE institutions and has never been so intense.[9]

• Legal co-operation has also expanded, reflecting, inter alia, the various processes of EU accession to/participation in CoE Conventions and bodies. The accession of the EU to CoE instruments would significantly enhance coherence, as well as synergies between the EU and the CoE monitoring and advisory bodies. However, it raises a number of difficult legal issues to be addressed in a spirit of co‑operation and complementarity. EU accession to the ECHR, an obligation under the Lisbon Treaty, remains a priority for the leaders of both organisations. As stressed by the CoE Secretary General and EC Vice-President Jourová in a joint declaration on 29September 2020 at the resumption of the accession negotiations, EU accession to the ECHR “will be an important milestone in the protection of human rights and fundamental freedoms across Europe”.

• Concerning programmatic co-operation, the EU remains the biggest donor to the CoE co-operation and technical assistance activities. The signature of the Statement of Intent in April 2014 enabled the upscaling and streamlining of Joint Programme co-operation through the creation of three comprehensive, geographically-anchored, multiannual programmes, implemented in successive phases, namely the “Partnership for Good Governance” (PGG) in the EU Eastern Partnership area, the “Horizontal Facility” (HF) in the EU Enlargement area and the “South Programme” (SP) in the Southern Neighbourhood. In addition, the EU/CoE Joint Programme “Central Asia Rule of Law Programme” started on 1 January 2020. These “programmatic facilities”

are complemented by country-specific Joint Programmes as well as thematic programmes.

It should also be stressed that the CoE Policy towards neighbouring regions has developed in close co-ordination with the EU, an indispensable partner.

In 2020, the global volume of the CoE-EU Joint Programme co-operation reached 197.6 million EUR.

CoE and EU leaders also agreed to continue co-operation at the global level, in particular in the framework of the UN Sustainable Development Goals (SDGs), thus strengthening multilateral co-operation beyond Europe.

In addition to regular high-level political dialogue, a wide range of consultation modalities have developed, including through institutionalised co-ordination mechanisms, such as the annual Senior Officials’ meetings,^[10] consultations on legal issues twice a year between the EU’s Chair of the Article 36 Committee (CATS) and the CoE and the annual Scoreboard meeting on programmatic co-operation. Consultations on potential synergies in the framework of the EU Enlargement Process, the Eastern Partnership and co-operation in Southern Mediterranean countries have also become regular practice.

The CoE Liaison Office in Brussels and the Delegation of the EU to the CoE further facilitated the reinforcement of the co‑operation described above.

CoE Office in charge of liaison with the EU, but also the offices in charge of liaison with the OSCE and the UN (in Vienna, Warsaw and Geneva) are instrumental in facilitating the co-operation with the CoE’s key partner organisations in a cost-efficient way.

-          OSCE

Co-operation with the OSCE is extensive in a number of policy areas and extends to OSCE institutions (ODIHR, HCNM and the RFoM) and OSCE field presence.

There are three main forms of co-operation between the two organisations - high political- and senior official-level contacts; joint activities carried out, in particular in policy areas covered by the CoE/OSCE Co-ordination Group; and co-operation in the field.

The priorities of OSCE Chairmanships are regularly presented to the Ministers’ Deputies, as are the priorities of CoE Chairmanships to the OSCE Permanent Council. Regular meetings of both Secretaries General take place. In addition, the CoE Secretary General participates in meetings of the OSCE Permanent Council, as the OSCE Secretary General does in Ministerial Sessions. Both Secretaries General have also participated in meetings of the CoE/OSCE Co-ordination Group. 

The CoE/OSCE Co-ordination Group discusses co-operation in four agreed priority areas - the protection of the rights of persons belonging to national minorities; the promotion of tolerance and non-discrimination; the fight against terrorism; and the fight against trafficking in human beings. These areas largely correspond with the mandates of the three OSCE institutions (ODIHR, HCNM and the RFoM).

Given the centrality of the field presence for the OSCE, many such operations actively co-operate with the CoE in the respective countries, exchange information on a wide range of topics and organise joint activities, such as in the justice sector and in the field of freedom of media and expression.

Co-operation has been formalised through the Joint Statement and the Declaration^[11] on Co-operation between the CoE and the OSCE of 2005 - these represent the most important political guidelines for relations between the two organisations. Co-operation with ODIHR has also been formalised through two exchanges of letters (2015 and 2019 respectively).

The Parliamentary Assembly of the CoE (PACE) also enjoys institutional co-operation with ODIHR and the Parliamentary Assembly of the OSCE in the field of elections.

The OSCE participates in 16 Steering Committees and ad hoc committees, as well as in Moneyval and Greco, and participates in two committees established under CoE Conventions.

The CoE Liaison Offices in Vienna and Warsaw facilitate the co-operation between the two organisations and contribute to the visibility of the Organisation, including through regular presence in meetings, not least of which the OSCE Ministerial and Permanent Councils.

-          UN

The relations between the CoE and the UN are based on the Agreement between the Secretariat General of the CoE and the Secretariat of the UN signed as early as 15 December 1951 and the Arrangements on Co‑operation and Liaison between the Secretariats of the CoE and the UN (Exchange of letters of 19 November 1971). In its Resolution 44/6 of 17 October 1989, the General Assembly of the UN granted the CoE a standing invitation to participate as an observer in its sessions and work.

The UN is a major partner for the CoE and an ideal platform for global outreach. Co-operation is based on the universality of shared values. Due to its global nature, both in thematic and geographical terms, the UN constitutes an “across the board” partner for the CoE. This tendency has been further strengthened in the context of Agenda 2030 - Sustainable Development Goals, which frames and guides the co-operation.

The mutual interest in co-operation is reflected in regular contacts, consultations and dialogue, at both political and technical levels. The CoE works closely with a large number of UN bodies, including UNHCR,^[12] OHCHR,^[13] UNICEF,^[14] OCHA,^[15] UNDP,^[16] UNECE,^[17] UNESCO,^[18] WHO and the World Bank. Increased co-operation has been noted in many areas, such as the Universal Periodic Review, migration and refugees, human rights issues in general, the Human Rights Council (in particular addresses by the Secretary General of the CoE at the High-Level sessions of the HRC), addresses by the President of the HRC at the annual exchange of views of the Ministers’ Deputies on the UN (Human Rights questions) with the participation of experts from capitals, the UN Commission on the status of women, the fight against terrorism, democracy, crime and drugs, local and regional democracy, artificial intelligence, etc.

Regular co-ordination at the technical level includes (but is not restricted to) exchanges of views and working visits (the Europe and Central Asia Division of the Departments of Political and Peacebuilding Affairs and Peace Operations - DPPA/DPO), exchanges of best practices and co-ordination of programmes. The CoE Offices in Geneva and Vienna contribute to the visibility of the Organisation in these headquarters where numerous relevant UN meetings take place. The biennial Resolutions on UN/CoE co-operation adopted by the General Assembly of the United Nations bear witness to the rich co-operation.

UN 2030 Agenda for Sustainable Development

The CoE contributed from the outset to the process leading to the adoption of Agenda 2030. By definition, our philosophy is that most, if not all, of the CoE’s activities contribute to the implementation of the Sustainable Development Goals (SDGs). It has thus not been necessary for the Organisation to set up new objectives, instruments or activities, but rather to align existing ones with relevant SDGs. This has been reflected as of the 2018-2019 biennium programme of activities and budget, which identifies to which specific SDG(s) each programme is linked. Moreover, our intergovernmental committees have been tasked with contributing in their respective fields to the implementation of the Agenda and with reviewing progress regularly.

While recognising that the main responsibility for the implementation of Agenda 2030 lies with member States, the CoE’s role as an international organisation is to assist and facilitate member States in their contribution to SDG implementation. In particular, the CoE, through its instruments, can contribute to the national implementation reporting by member States, and several member States have referred to their work in the CoE in their national reporting. It is with this purpose in mind that a website was created - which is regularly updated - to assist member States in drawing on the Organisation’s work in the preparation of the national reviews to illustrate that their membership of the CoE also contributes to their national implementation of Agenda 2030.

Special mention should be made of the CoE’s standards, which represent a unique measurable normative framework which can be used as indicators and benchmarks in the assessment of SDG implementation, as appropriate.

The CoE is also regularly represented at relevant UN events, including the Regional Forum of the UNECE Region and the High-Level Political Forum.

3.             Relations with other international organisations

Besides the EU, the OSCE and the UN, the CoE maintains formalised relations with other international organisations active in the areas of human rights, democracy and the rule of law,^[19] for example, the Organisation Internationale de la Francophonie (OIF), the Organization of American States (OAS) and the OECD, with which relations were formalised respectively in 2008, 2011 and 2020. A co-operation agreement can, in some cases, pave the way for sectorial supplementary arrangements,[20] such as the one signed by the Pompidou Group and its counterpart in OAS, the Inter-American Drug Abuse Control Commission (CICAD), on 25 February 2021.

In addition, the CoE maintains non-formalised relations with other international organisations active, to different extents, in the areas of human rights, democracy and the rule of law, such as the Community of Democracies, the Council of Baltic Sea States, International IDEA, the League of Arab States (LAS), the Organisation of Islamic Cooperation (OIC) and the Parliamentary Assembly of the Mediterranean. Concerning the OIC and the League of Arab States, such co-operation “should be based on CoE values (protection of human rights, the rule of law and democracy); it should be pursued in the framework of informal specific project‑level co-operation, and the Ministers’ Deputies should be informed of the co-operation/projects envisaged.”^[21] For example, in July 2019, the CoE received a delegation from the Independent Permanent Human Rights Commission (IPHR) of the OIC in the framework of a study visit, at the request of the IPHRC.^[22]Technical co-operation with LAS has developed through participation in regional activities in the Southern neighbourhood supported by the successive phases of the joint EU/CoE South Programme.^[23]

Contacts with these regional and sub-regional organisations provide an effective means for reaching out to non-member countries and promoting the CoE’s fundamental values of democracy, human rights and the rule of law and its Conventions embodying these values.

Also, the current practice is to formalise relations if and when such formalisation can bring an added value to an existing fruitful co-operation and according to Rule No. 1318 of 20 October 2010 on Guidelines for concluding agreements between the Council of Europe and other international intergovernmental organisations or public international entities.

In addition, the CoE remains open to initiatives for greater coordination through broader international frameworks, with a view to increasing the effectiveness of its action.

 

4.             Proposals for future co-operation

Defining mandates of international organisations is a prerogative of their member States. Unnecessary duplication is avoided mainly through relevant high-level and technical consultations, co-ordination and contributions to respective reporting mechanisms, which have been significantly developed with the EU, OSCE and the UN.

-          EU

The EU will remain the main institutional partner in political, financial and legal terms. The partnership could be further strengthened based on complementarity, comparative advantages, full implementation of the MoU and increased co-ordination.

• SDGs: in the context of their cooperation, the EU and the CoE could make better use of SDGs that can serve as guiding lines. Co-operation on this basis could also be better reflected in international fora.

• Legal co-operation: It is important to ensure that the CoE benchmarking role defined in the 2007 MoU is systematically taken into account when the EU develops legislative initiatives and policies. More systemic and coordinated exchanges during the preparatory phase of both legislative and non-legislative initiatives will help ensuring enhanced coherence in areas of work common to both organisations. EU accession to the ECHR would be a crucial step and enhance the CoE’s profile in the European architecture. Participation of the EU in CoE bodies/instruments, and vice versa where appropriate, should be further encouraged.

• Programmatic co-operation: Foreseeable and flexible multi-country/thematic and multiannual programmes are more necessary than ever to cover the diversity of the geographic/thematic areas concerned. They also need to be complemented by bilateral programmes.

• Co-operation on communication and visibility could also be further enhanced through the co‑organisation of and participation in visibility events and through publishing a number of joint statements as part of a strategic approach (i.e. on selected major issues).^[24]

-          OSCE

·         The efficiency of CoE/OSCE Co-ordination Group meetings could be increased, exploring also informal modalities of inter-institutional co-operation.

• Although contacts between the senior officials responsible for CoE/OSCE co-operation are regularly maintained, it could also be envisaged to revert to the previous practice of organising an annual meeting of Senior Officials, enlarged with participation from operational sectors and the field presence of both organisations to discuss in greater depth synergies and co-operation in specific policy sectors and/or countries.

• Reverting to the practice of organising annual Senior Officials’ meetings could also lead to greater interaction between field offices.

• More regular participation of the OSCE in relevant CoE intergovernmental bodies could be encouraged, and the OSCE could also be encouraged to refer to CoE standards in its work.

-          UN

• Further strengthening the links (and their visibility) between CoE activities and the SDGs, for instance through joint actions.

• Encouraging member States to systematically refer to the CoE’s benchmarking role in the framework of SDG implementation. In this context, exploring the possibilities of co-operation with relevant UN bodies.

• Encouraging direct (and co-ordinated) contacts between relevant CoE and UN entities, including co‑operation in the field (Development of country/region-specific co-operation, continuation of desk‑to‑desk meetings in thematic areas.) Special emphasis could be put on co-ordination with the OHCHR in the context of the UPR, treaty mechanisms and special procedures. This should reinforce the status of the Council of Europe as an effective regional partner for the UN on the basis of already existing practice.

• Linking the ongoing reflections in both organisations concerning the enhancement of the effectiveness of monitoring bodies, taking into account their respective specificities, including by a better co-ordination of their country monitoring agenda.

• Reflecting on the possibility to reexamining the nature and purpose of the UNGA biennial Resolution on CoE/UN co-operation.

-          Other organisations

Experience has proved the added value of co-operation with other relevant international organisations (on the basis, inter alia, of complementarity) for promoting the CoE’s fundamental values of democracy, human rights and the rule of law. It is proposed to continue to follow the current two-fold approach combining formalised and non-formalised co-operation, according to existing guidelines.