MINISTERS’ DEPUTIES

CM Documents

CM(2019)50-final

30 April 2019

129th Session of the Committee of Ministers (Helsinki, 16-17 May 2019)   Report on the implementation of the Policy of the Council of Europe towards neighbouring regions

 

Executive Summary

The Policy of the Council of Europe towards neighbouring regions aims primarily at extending co-operation beyond the continent and at developing a common legal space based on Council of Europe values and instruments in order to promote stability and democratic security of both Europe and its neighbouring regions. It is based on the 2011 “Istanbul parameters”, according to which co-operation with the countries concerned shall be, in particular, demand-driven, tailored and flexible.

At present, in the framework of the Neighbourhood Policy, there are: Neighbourhood Partnerships (“second generation” co-operation documents) with Morocco and Tunisia; Neighbourhood Co-operation Priorities (“first generation” co-operation documents) with the Kyrgyz Republic, Palestine^* and Kazakhstan; regional activities and targeted ad hoc co-operation with other countries of the regions; other forms of co-operation to cover other countries/situations, notably Israel.

Tangible results have already been achieved in the development of a common legal space through accession to Council of Europe instruments, preparation and adoption of relevant legislation, as well as the setting-up of institutions. Morocco and Tunisia are the most eminent partners. The Council of Europe Offices in Rabat and Tunis play a catalysing role in the co-operation.

The limitations of the implementation of the Policy, however, have also become visible. In particular, practice has shown that the political will of the beneficiary countries to carry out reforms has to coincide with their implementation capacities. On the Council of Europe side, resources have been optimised in view of its capacities and predominantly extra-budgetary financing of the Policy. The political and financial support of the EU remains vital. Voluntary contributions also remain indispensable. Co-ordination with other international actors is crucial.

For the future, the Council of Europe intends to further consolidate and optimise its involvement in countries where co-operation, governed by Council of Europe standards and values, is demand-driven and will have reasonable impact, taking due account of the Council of Europe added value, its capacities and the capacities of the countries concerned.

1.             Introduction

1.1.       Council of Europe Policy towards neighbouring regions (“the Policy”)

The mandate of the Council of Europe is, and will remain, geographically focused on Europe. At the same time, many of the core issues the Council of Europe deals with concern and are being influenced by developments outside Europe, and notably in its Mediterranean neighbourhood.

Increasingly, Council of Europe standards, bodies and tools are present in many parts of the world. The European Commission for Democracy through Law (Venice Commission) for example is active on several continents, the Group of States against Corruption of the Council of Europe (GRECO) has members and observers in Africa and America, and possibly soon in Central Asia, and some conventions (such as the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), the Council of Europe Convention on Cybercrime (Budapest Convention), and the Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (MEDICRIME Convention)) attract a lot of interest globally. The Policy of the Council of Europe towards neighbouring regions was built on this trend to react to the democratic developments and reforms that have started in the Southern Mediterranean, Middle East and Central Asia.

The Policy, as a proactive involvement in the (geographically closer and relevant) neighbourhood, aims at extending co-operation beyond the continent and notably at developing a common legal space based on Council of Europe values and instruments in order to promote stability and democratic security of both Europe and its neighbouring regions.

According to the 2011 “Istanbul parameters”, the Policy should be implemented without prejudice to the Council of Europe’s activities in member States and predominantly financed through extra-budgetary resources. Co-operation with the countries concerned shall be demand-driven, tailored and flexible, whilst entirely governed by Council of Europe values and standards. The Council of Europe shall focus on areas in which it has a clear added value, namely its instruments and proven expertise in the fields of human rights, the rule of law and democracy. Institutional coherence with the Parliamentary Assembly and the Congress of Local and Regional Authorities, which have developed their respective statuses of “Partnership for Democracy”, should also be ensured.

In practice, the Policy has been implemented through two pillars: co-operation activities and political dialogue. Bilateral co-operation is in some instances complemented by a regional dimension, enabling other countries to be involved and to engage in a “south-south” co-operation, including through the European Centre for Global Interdependence and Solidarity of the Council of Europe (North-South Centre). The Policy has developed in close co-ordination with the European Union, which is an indispensable partner, both politically and financially.

1.2.       Last review of the Policy submitted to the Ministerial Session

A review of the Council of Europe Policy towards neighbouring regions was submitted to the Ministerial Session held in Nicosia on 19 May 2017^[1]. On that occasion, the Committee of Ministers:^[2]

“1.        welcomed the progress made in implementing the Council of Europe policy towards neighbouring regions – North Africa, Middle East and Central Asia – and expressed its appreciation for the financial contributions made by member States and the European Union in this context;

2.         invited the Ministers’ Deputies and the Secretary General to assess the results obtained from: the neighbourhood partnerships with Jordan, Morocco and Tunisia; the neighbourhood co-operation priorities with Kazakhstan, the Kyrgyz Republic and Palestine*; and the co-operation with other countries of the neighbouring regions, notably Israel, in order to decide on the follow-up action to be taken.”

2.             Implementation of the 2017 Ministerial Decision

2.1.         Secretary General’s Report

Subsequently, on 3 October 2017, the Rapporteur Group on External Relations (GR-EXT) held a discussion on the basis of a report submitted by the Secretary General on the “Council of Europe Policy towards neighbouring regions – Post-2017 co-operation framework”^[3] presenting achievements of the Policy, lessons learned and possible features of the post-2017 Policy.

Given the limited resources available, the Secretary General proposed to give preference to the consolidation of current achievements, namely the Neighbourhood Partnerships and the Neighbourhood Co-operation Priorities documents. He stressed that the Policy should remain focusedgeographically where co-operation is demand-driven; where it can have a reasonable impact; and where it is based on Council of Europe added value and respective capacities. A country should first demonstrate its will to adhere to the Council of Europe values and capacity to co-operate through regional and ad hoc co‑operation before benefiting from a Council of Europe institutionalised co-operation-framework.

The Secretary General also stressed that close co-operation and co-ordination with the European Union remained an imperative.

2.2.         Bilateral co-operation

In practice, on the basis of relevant implementation reports, on 29 November 2017, the Deputies instructed the GR-EXT to prepare new documents relating to partnerships with Morocco, Tunisia and Jordan for the period 2018-2021.^[4] On 16 January 2018, the GR-EXT also held an exchange of views with representatives of the three countries concerned. On 21 March 2018, the Deputies, inter alia, approved the Neighbourhood Partnerships for the period 2018-2021 with Morocco and Tunisia, and invited the GR‑EXT to follow up their implementation and to report in due course on the progress made.^[5] The Deputies also instructed the Secretariat to pursue efforts to supplement the financing currently available in order to ensure the full implementation of the planned co-operation priorities, and invited the member States to consider providing voluntary contributions.

The neighbourhood Partnerships for the period 2018-2021, developed jointly with the respective authorities, aim to consolidate the support provided to Morocco and Tunisia in the process of democratic changes and to tackle the challenges linked to human rights, the rule of law and democracy. Co-operation established since 2012 has been continuously consolidated and expanded. With respect to Morocco, the Neighbourhood Partnership extended co-operation to new sectors included on the national reform agenda, in particular the fight against discrimination and the support to the National Action Plan on Democracy and Human Rights (PANDDH) implementation. It also intends to strengthen co-operation in the area of the rule of law. It seeks to ensure sustainability of the achievements of the co-operation implemented over the last few years. In Morocco, co-operation was particularly fruitful in the establishment of a national preventive mechanism (NPM) against torture and the drafting of the law on the fight against trafficking in human beings, adopted in 2016 and largely in line with the Council of Europe Convention in this area. Morocco also acceded in 2018 to the Convention on Cybercrime (Budapest Convention) and its additional protocol. Where democracy is concerned, the Neighbourhood Partnership will notably pursue the objective of intensifying co-operation with the Moroccan Parliament.

With respect to Tunisia, the Neighbourhood Partnership will seek, as a priority, to support the efforts of the authorities to ensure continued harmonisation of Tunisian legislation with the Constitution and the relevant international and European standards, to support the constitutional and independent bodies and the efficiency of justice. Regarding democracy, the Neighbourhood Partnership will pursue, inter alia, the objective of supporting the decentralisation process and strengthening local democracy as a follow-up to the first municipal elections held on 6 May 2018. Based on a notable increased interest from national authorities since 2015 to bring the Tunisian legal framework closer to European standards, Tunisia acceded in 2017 to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and its additional protocol, and was invited to accede to four additional Conventions between May 2017 and February 2018: Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention); Council of Europe Convention on Action against Trafficking in Human Beings; Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (MEDICRIME Convention); Council of Europe Convention on Cybercrime (Budapest Convention) and its additional protocol; it was also invited by the Committee of Ministers to accede to the Group of States Against Corruption (GRECO) in November 2017. The Council of Europe also played a central role in the setting-up and capacity-building of the National Authority for the Prevention of Torture.

An Enhanced Political Dialogue, proposed in the Neighbourhood Partnerships, has developed with Morocco and Tunisia both at technical and high levels, as illustrated, most recently, by the visit of the Tunisian Minister of Foreign Affairs, Mr Jhinaoui, to the Council of Europe on 9 October 2018 and the visit of a delegation of the GR-EXT to Rabat on 22-23 October 2018. Technical dialogue has developed with all Neighbourhood Partners (Morocco, Tunisia, and Jordan) through expert bodies. This participation is a less visible but important dimension since it contributes to the institutional involvement of the Partners in the Organisation.

With respect to Jordan, on 6 September 2018, the GR-EXT was informed that there had been no response to date to the draft Neighbourhood Partnership for 2018-2021 submitted to the authorities in December 2017. In these circumstances, for the time being, co-operation with Jordan has been confined to regional co-operation activities.^[6]

With respect to Kazakhstan, on 24 October 2018, the Deputies took note of a final report on the implementation of the “Neighbourhood Co-operation Priorities for Kazakhstan 2014-2015” (extended until 2018) and invited the Secretariat to continue the discussions with the authorities of Kazakhstan with regard to the preparation of a new document of co-operation.^[7] [A second Neighbourhood Co-operation Priorities document, with a broader scope than the previous one, has been recently adopted by the Committee of Ministers.][8]

With respect to the Kyrgyz Republic, on 24 October 2018, the Deputies took note of the progress review report on the priorities for co-operation with the Kyrgyz Republic for 2015-2017 (extended until 2019), as set out in document GR-EXT(2018)13 and instructed the Secretariat to continue their implementation.^[9]

With respect to Palestine*, on 12 December 2018, the Deputies took note of the progress report on the implementation of priorities for co-operation with Palestine for the period 2016-2018^[10] and instructed the Secretariat to pursue implementation of the co-operation priorities in 2019 and report back in due course to the Rapporteur Group on External Relations (GR-EXT); they also called on member States to consider the possibility of supplementing funding for the co-operation priorities through voluntary contributions.^[11] At present, co-operation activities build on the achievements of the previous years, in particular in the field of anti-corruption, where practical co-operation has been established with the relevant instances.

2.3.         Regional frameworks for co-operation

Since 2012, the South Programme, financed by the European Union and the Council of Europe and implemented by the latter,^[12] has offered a regional framework for co-operation completed by bilateral targeted actions. It has allowed the Council of Europe to work with Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Tunisia and Palestine* with a view to promoting respect for human rights and the rule of law, and to enhance democratic governance in accordance with international and European standards. On 18 September 2018, the Council of Europe and the European Union launched the “South Programme III: Ensuring sustainable democratic governance and human rights in the Southern Mediterranean”. This programme is built on the results of the previous two programmes, and will transversally follow a new added objective to combat violence against women.

With respect to Central Asia, contacts between the Council of Europe and the EU are on-going in order to finalise regional frameworks for co-operation. Co-operation in these frameworks would focus on Venice Commission support, the progressive creation of a common legal space, the fight against economic crime and human rights training for legal professionals.

2.4.         Co-operation with other countries

A multifaceted co-operation has also developed with Israel.^[13]

In addition, as agreed by the Deputies, the Council of Europe Policy towards neighbouring regions is open to other beneficiaries in the region.^[14] As proposed by the Secretary General,^[15] in case another country requests specific assistance, Council of Europe ad hoc involvement and/or involvement within a regional dimension should be considered first. For example, the Venice Commission has provided legal expertise on draft Libyan electoral legislation and is currently working with Egypt on judicial institutions.

3.             Lessons learned and perspectives

The Policy developed with relevant countries in the Southern Mediterranean, Middle East and Central Asia, on the basis of the 2011 “Istanbul parameters”, according to which co-operation with the countries concerned shall be, inter alia, demand-driven, tailored and flexible. The practice and developments in the neighbourhood regions confirmed the validity of the “Istanbul parameters” and two pillars of the Policy, namely co-operation activities and political dialogue.

At present, in the framework of the Neighbourhood Policy, there are:

-               Time-limited Neighbourhood Partnerships with Morocco and Tunisia (“second generation” co‑operation documents), the most advanced Partners, combining an enhanced political dialogue and co‑operation activities for the period 2018-2021. With respect to Jordan, there has been no response to date to the draft Neighbourhood Partnership for 2018-2021.

-               Time-limited Neighbourhood Co-operation Priorities (“first generation” co-operation documents) with the Kyrgyz Republic and Palestine*. With respect to Kazakhstan, further to the extension of the 2014-2015 “Neighbourhood Co-operation Priorities for Kazakhstan” until 2018, a new document of co‑operation [has recently been adopted].

Regional activities and targeted ad hoc co-operation also take place with other countries of the region. Other forms of co-operation have also been developed to cover other countries/situations, notably Israel.

Tangible results have already been achieved in the development of a common legal space through accession to Council of Europe instruments, the preparation and adoption of relevant legislation, as well as the setting-up of relevant institutions, with the assistance of the Council of Europe, notably in Morocco and Tunisia. The impact of co-operation with the Council of Europe is facilitated by the financial and political partnership with the EU. In all terms, Morocco and Tunisia are the most eminent Partners. The Council of Europe Offices in Rabat and Tunis continue to play a catalysing role in the co-operation.

The limitations of the implementation of the Policy, however, have also become visible. In particular, practice has shown that the political will of the beneficiary countries to carry out reforms has to coincide with their implementation capacities.

Within the Council of Europe, the Policy has been mainstreamed through the various instruments and bodies of the Organisation. The Council of Europe was also able to adjust to the need to respond to the increasing trans-border threats (migration, trafficking in human beings, terrorism and radicalisation).

Regarding Council of Europe capacities and the predominantly extra-budgetary financingof the Policy decided in 2011, resources have been optimised. The political and financial support of the EU towards bilateral and regional co-operation activities remains vital. Voluntary contributions also remain indispensable. Unearmarked voluntary contributions allow flexibility to respond to unexpected needs and dynamics of reform processes.

Co-ordination with other international actors, first and foremost the European Union, is crucial on a daily basis and appears to be fundamental to achieving tangible results. The Council of Europe human rights-based approach to technical assistance is an important complement to existing international programmes of assistance. The Organisation’s global “multi-layer” approach involving state authorities, local authorities and civil society is also an added value. The sustainability of the Policy will ultimately rely on the increased involvement and ownership of the process by the beneficiary countries. Furthermore, the Neighbourhood Policy contributes to the United Nations 2030 Agenda through the support of several Sustainable Development Goals (SDGs).

For the future, with a view to further consolidate and optimise Council of Europe involvement, it is proposed to maintain the focus on countries where co-operation, governed by Council of Europe standards and values, is demand-driven (in geographical and thematic terms) and will have reasonable impact, taking due account of the Council of Europe added value, its capacities and the capacities of the countries concerned.  

APPENDIX: Overview of the present situation

Information with respect to accession of countries from neighbouring regions to Council of Europe Treaties and Partial Agreements is available on the DER web site in document DER/Inf(2018)4 (https://www.coe.int/en/web/DER).

At present, co-operation frameworks can be summarised as follows:

FUNDING SOURCES
REGIONAL PROGRAMMES FOR NORTH AFRICA  AND THE MIDDLE-EAST			European Union/Council of Europe Joint Programmes (JP): South Programme[16] CyberSouth[17] Voluntary Contributions: Euro-Mediterranean Youth Co-operation[18] NSPEW[19]
NORTH AFRICA
	Bilateral Co-operation document with the CM	Regional framework & Funding sources		Status with PACE	Status with Congress
MOROCCO	Neighbourhood Partnership 2018-2021 CM(2018)47	Other regional European Union/Council of Europe JP: GLACY Project[20] Voluntary Contributions: Estonia, France, Italy, Liechstenstein, Monaco, Norway[21] Bilateral European Union/Council of Europe JP: Justice Morocco[22]		Parliament granted Partner for Democracy status in 2011	Partner for Local Democracy status granted to Morocco in 2019

TUNISIA	Neighbourhood Partnership 2018-2021 CM(2018)48	Voluntary Contributions: Estonia, France, Italy, Monaco, Norway[23] Bilateral European Union/Council of Europe JP: AP-JUST[24] PAII-T[25]
ALGERIA, EGYPT, LIBYA		Regional Programmes
MIDDLE EAST
	Bilateral Co-operation document with the CM	Regional framework & Funding sources	Status with PACE	Status with Congress
THE HASHEMITE KINGDOM OF JORDAN	(no reply to the proposed Draft Neighbourhood Partnership 2018-2021)	Voluntary Contributions: Turkey [26] Bilateral European Union/Council of Europe JP: Justice Jordan[27]	Parliament granted Partner for Democracy status in 2016
PALESTINE*.	Implementation of the Neighbourhood Co-operation Priorities (2016-2017) extended in 2018 & 2019; CM(2016)117 Reporting end of 2018: GR-EXT(2018)15 Secretariat to report back in due course.	Voluntary Contributions: Turkey[28] Regional Programmes	Palestinian National Council (PNC) granted Partner for Democracy status in 2011	Observer status granted to the Association of Palestinian Local Authorities in 2005
LEBANON, SYRIA[29]		Regional Programmes
ISRAEL	Multifaceted co-operation (see Co-operation between the Council of Europe and Israel (DER/Inf(2017)2	Regional Programmes	Observer status granted to the Knesset in 1957	Observer status granted to the Union of Local Authorities in 1994
CENTRAL ASIA
	Bilateral Co-operation document with the CM	Regional framework & Funding sources	Status with PACE	Status with Congress
KAZAKHSTAN	Neighbourhood Co-operation Priorities for Kazakhstan 2014-2015 Co-operation activities on Council of Europe’s conventions in criminal matters, extended until 2017 and 2018 GR-EXT(2018)12 Preparation of a new document of co-operation	Forthcoming regional frameworks[30]	2004 Agreement on co-operation between PACE and the Parliament of Kazakhstan
KYRGYZ REPUBLIC	Neighbourhood Co-operation Priorities 2015 – 2017, extended until 2019 GR-EXT(2018)13	Forthcoming regional frameworks	Parliament granted Partner for Democracy status in 2014
TAJIKISTAN, TURKMENISTAN, UZBEKISTAN		Forthcoming regional frameworks