MINISTERS’ DEPUTIES

CM Documents

CM(2022)84-final

16 May 2022

132nd Session of the Committee of Ministers (Turin, Italy, 20 May 2022)   Reflection process on the Council of Europe contribution to the international order and global governance, as well as to the achievement of the Sustainable Development Goals (SDGs) - Activity Report

 

I.          Point of departure 

The mandate of the Council of Europe (CoE) is, and will remain, geographically focused on Europe. At the same time, the CoE has increasingly developed its scope for action and outreach beyond its member States, notably through its instruments and bodies open to non-member States and/or international organisations. In addition, many of the core issues that the CoE deals with concern and are being influenced by developments outside Europe. Accordingly, external relations of the CoE - with non-member States and other international organisations - have evolved throughout the years, also to respond to new challenges. CoE standards, organs, institutions and tools have increasingly opened up to extend their outreach, beyond member States.

In 2011, the Committee of Ministers (CM) adopted the “Policy of the CoE towards neighbouring regions” (the CoE “Neighbourhood Policy” or “the Policy”) to react to the democratic developments and reforms that had started in the Southern Mediterranean, Middle East and Central Asia. This Policy, as a proactive involvement in the geographically closer and relevant neighbourhood, was aimed at extending co-operation beyond the continent and notably at developing a common legal space based on CoE values and instruments, in order to promote stability and democratic security of both Europe and its neighbouring regions.

At the 131^st Ministerial Session(Hamburg, 21 May 2021), the Ministers took a number of decisions concerning the Organisation’s external relations.^[1] The Ministers, inter alia, invited the Deputies to “reflect on the contribution of the Organisation to the international order and global governance, as well as to the achievement of the Sustainable Development Goals (SDGs)”.

The Parliamentary Assembly of the CoE (PACE), for its part, in its Resolution 2369 (2021) adopted on 20 April 2021 on “The Assembly’s vision on the strategic priorities for the CoE”, reiterated “its firm support to achieving the SDGs”. It also highlighted “the importance of consolidating the role of the CoE as a pillar of co‑operative regional order in Europe, promoting the outreach of its legal instruments beyond European borders and enhancing partnerships with states and organisations in both its geographical neighbourhood and within close political proximity”. Replying to the PACE recommendation on the same issue, the CM recalled its decisions adopted in Hamburg.^[2]

On 10 November 2021, the Ministers’ Deputies took note of the Secretary General’s “Review of the policy towards neighbouring regions and the CoE contribution to global governance”, as it appears in the document SG/Inf(2021)14. They also agreed to implement the proposals contained in the document, invited the GR-EXT to report in due course on the progress made and took note that work was under way by the GR-EXT with a view to following up the relevant decisions adopted at the 131^st Session of the Committee of Ministers (Hamburg, 21 May 2021).

Concerning the CoE contribution to the international order and global governance, the Secretary General stressed that “the European system of human rights protection embodied by the CoE, with its unique European Court of Human Rights and conventional set-up, is the incarnation par excellence of the CoE contribution”, first and foremost on the European continent. In addition, she recalled that all CoE activities contribute to the implementation of the SDGs. A dedicated CoE website was created 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.^[3]

At present, in light of the unprecedented challenges facing Europe and multilateralism, the contribution of the Organisation to the international order and global governance, as well as to the achievement of the SDGs - in its European and external dimensions - is more needed than ever. The present document provides a (non-exhaustive) overview of the external dimension of this contribution.

II.         The reflection process

On 4 November 2021, the Chair of the GR-EXT presented an “explanatory note” on the reflection process on the CoE contribution to the international order and global governance, as well as to the achievement of the Sustainable Development Goals (SDGs)^[4]. It was proposed, in particular, to take stock of the current state of co-operation and activities of the CoE which aim to project its values/instruments externally, including through exchanges of views; and to explore how this contribution might be strengthened - with observer States, other non-member States and regional or global international organisations (other than the EU and the OSCE). It was also proposed to explore how to strengthen the promotion of CoE instruments and bodies open to non-member States, as well as relations and dialogue with the UN system and global fora.

These proposals have been implemented as follows:

-           The CoE Neighbourhood Policy: On 10 November 2021, the Deputies took note of the Secretary General’s “Review of the policy towards neighbouring regions and the CoE contribution to global governance” (SG/Inf(2021)14). In this framework, they also renewed the “Neighbourhood Partnerships” with Morocco and Tunisia for the period 2022-2025, while calling on the Tunisian authorities to respect and guarantee democracy, fundamental rights and the rule of law in Tunisia, and invited the GR-EXT to monitor the implementation of the two Neighbourhood Partnerships for the period 2022-2025.

-           On 25 November 2021, the GR-EXT held an exchange of views with CoE observer States.

-           The GR-EXT also held a number of exchanges of views with representatives of CoE organs, institutions and mechanisms on their activities in the framework of external relations: namely with representatives of PACE, the Congress of Local and Regional Authorities (“Congress”), the European Court of Human Rights (“the Court”), the Conference of INGOs, the European Commission for Democracy through Law (“Venice Commission”) and the European Center for Global Interdependence and Solidarity (“North-South Centre”). These representatives, as well as the Office of the Commissioner for Human Rights, also provided written contributions to the reflection process (see below).

-           In addition, the GR-EXT Chair held informal consultations with a number of international organisations, namely with the Organisation Internationale de la Francophonie, the Union for the Mediterranean, the Organization of American States, the Ibero-American System and International IDEA. These meetings were held with a team of relevant representatives of the CoE secretariat.^[5]

-           Finally, concerning the promotion of CoE instruments to non-member States, an inter-secretariat meeting was held on 4 February 2022, paving the way for an informal meeting of the GR-EXT on this issue on 28 March 2022.

During the reporting period (September 2021 - May 2022), despite the preparatory work, it was not possible to extensively focus on relations with the UN and the contribution to the achievement of the SDGs, although a number of relevant questions have been raised. This work is to be continued.

III.        Outcome

1.         Consultations with CoE organs and institutions

These exchanges of views provided a (non-exhaustive) overview of external relations in the CoE. PACE, which has a pioneering role in this respect, has been developing its external relations mainly through relations with (1) parliaments of non-member States - including by granting them dedicated statuses with PACE, (2) intergovernmental organisations and (3) international parliamentary organisations.^[6] The exchange of views held on 28 March 2022 with PACE President Tiny Kox highlighted, inter alia, PACE’s vision of external relations. The Congress, for its part, has developed in particular its contribution to the CoE Neighbouhood Policy and relations with other organisations.^[7] It should be recalled that the European Charter of Local Self-Government is a key convention that is highly valued outside of the Council of Europe membership. As concerns the Conference of INGOs, it was recalled, inter alia, that some of the NGOs were international and could promote the values and standards of the CoE globally.^[8]

The mandates of the Court and Commissioner for Human Rights (“the Commissioner”) are primarily focused on CoE member States. They have however also developed external relations, in particular dialogue with their counterparts outside Europe. The President of the Court undertakes visits to non-member States; the Court also receives delegations from and co-operates with a number of countries outside Europe; and finally, the Court, the African Court on Human Rights and Peoples’ Rights and the Inter-American Court of Human Rights have strengthened their dialogue.^[9] The Office of the Commissioner, for its part, stressed that the Commissioner will continue to engage with external partners “when this provides opportunities to strengthen her work.”^[10]

In addition, CoE enlarged/partial agreements are privileged tools to develop co-operation with non-member States and international organisations, as illustrated by the exchanges of views with representatives of the Venice Commission^[11] on 4 November 2021 and the North-South Centre^[12] on 1 March 2022. The Venice Commission - as well as the European Pharmacopoeia - have the most developed external relations, covering Africa, Central Asia and Latin America. It was also stressed that the North-South Centre, established in 1989 as a CoE Enlarged Partial Agreement, has been a useful tool to open new fields for the CoE’s external relations. It contributes, inter alia, to the CoE Neighbourhood Policy and, more globally, as an instrument for the CoE’s contribution to the international order and global governance, as well as to the achievement of the SDGs. Technical co-operation carried out in CoE non-member States, mainly through CoE-EU Joint Programmes, is also a key feature of the CoE’s external projection.

The consultation process has highlighted the richness and diversity of the existing external projection of the CoE - which goes far beyond the Neighbourhood Policy - as well as the complementarity of external contacts and the potentiality for further synergies and global approach in this respect. As a result of this process, a compendium of written contributions provided to the GR-EXT is now available. It constitutes a valuable outcome of the process. It is accessible through the internet links in the list of meetings and contributions that appears in Appendix 2.

2.         Relations with Observer States

Relations and contacts with observer States – namely, in chronological order, the Holy See (1970), the United States of America (1996), Canada (1996), Japan (1996) and Mexico (1999) - show that they cover almost the whole spectrum of the CoE’s activities. Through these contacts, a mutually-beneficial exchange of experiences and good practices takes place, in particular in the intergovernmental sector of activities. In terms of treaties acceded to and/or signed, there is an interest in instruments in the field of legal co-operation and relating to new technologies and challenges. Partial agreements also play a significant role in attracting the attention and participation of observer States. In this regard, particular mention should be made of the Venice Commission, of which Canada, the USA and Mexico are members and the Holy See and Japan are observers. Observer States contribute financially to the work of the CoE in a regular manner in different fields. Over the last few years (2017-2021), the observers have contributed €9,111,667 to CoE projects.^[13]

The CoE and observer States have strong historical and cultural links and share a set of fundamental values and common principles, including a commitment to multilateralism and to the promotion of the highest standards in human rights, democracy and the rule of law. Through the active contribution of the observer States, the CoE's outreach has been further extended to non-member countries.

During the exchange of views held at the GR EXT meeting on 25 November 2021, delegations underlined, inter alia, the importance of regular political dialogue with the observer States as major global actors. As important partners of the CoE, they play an increasing role in promoting its instruments and values externally and can inspire other countries to co-operate with the CoE.

3.         Informal consultations with a number of international organisations

First and foremost, it should be recalled that the EU, the UN and the OSCE are the CoE’s key partners^[14]. The EU remains the main institutional partner of the CoE in political, legal and financial terms and co-operation will be stepped up still further, as decided by the CM. The UN is also a major traditional partner for the CoE and an ideal platform for global outreach. The CoE, as a regional organisation, has regular consultations with the UN, including about the SDGs. In addition, long-standing co-operation with the OSCE is extensive in a number of policy areas and covers OSCE institutions and field presence.^[15]

Besides the EU, the UN and the OSCE, the CoE maintains formalised and/or ad hoc relations with other organisations. In the context of the present reflection process, informal consultations have been held, so far, with the Organisation Internationale de la Francophonie (OIF), the Union for the Mediterranean (UfM), the Organization of American States (OAS), the Ibero-American System and International IDEA. They confirmed that a twofold approach is needed, combining exploratory meetings, for example with the Ibero-American System, and in-depth discussions, with organisations with which the CoE has institutionalised relations and regular meetings, such as the OIF. In general, there was an interest in establishing or developing and/or institutionalising relations.

The informal exchanges that took place (online) helped to promotemutual knowledge, strengthen institutional contacts and/or identify areas of common interest where dialogue and co‑operation could be strengthened where appropriate. The exchanges highlighted more particularly the role of these organisations in the promotion of CoE instruments (conventions and partial agreements). They also allowed exchanges of experiences when organisations have similar mechanisms (for instance, the CoE Pompidou Group and its counterpart in OAS, the CICAD). More contacts might lead, as relevant, to a second phase of high-level dialogue if so decided by the CM.

More specifically:

 

Organisation Internationale de la Francophonie (OIF): The co-operation has been formalised by a 2009 Joint Declaration and a multi-annual Co-operation Programme, which is discussed at the GR-EXT with the OIF. The informal exchange held on 29 November 2021 confirmed the richness of the existing co‑operation and the role of the OIF in promoting CoE instruments to non-member States of the CoE, especially in Africa (in particular the promotion of the Istanbul, Lanzarote and Data Protection Conventions). A further exchange of views with the OIF could be held in late 2022 at the GR-EXT to discuss the mid-term implementation of the 2020-2023 Co-operation Programme.

 

Organization of American States (OAS): Co-operation is already institutionalised through a 2011 Memorandum of Understanding and sectoral agreements. The informal high-level exchange with the participation of Secretary General Luis Almagro on 4 April 2022 confirmed the interest in co-operation that exists on both sides and highlighted some similarities concerning respective mechanisms and the active role of each organisation in promoting the instruments of the other. The Venice Commission, the Pompidou Group, GRECO, the European Committee of Social Rights, and the Budapest Convention were mentioned in particular, as well as co-operation between the Inter-American Court of Human Rights and, on the one hand, the European Court of Human Rights and, on the other hand, the European Committee of Social Rights.

 

Union for the Mediterranean (UfM): The informal exchange held on 31 January 2022 highlighted common aims, particularly in the field of promoting democracy, human rights and intercultural dialogue in the Euro-Mediterranean region. Synergies have been developed in particular with PACE, the Congress and the North-South Centre. Co-operation with the UfM could possibly be extended to better promote the accession to the CoE conventions of the states covered by the CoE/EU “South Programme” which are full members of the UfM.

 

Ibero-American system: The informal exchange held on 21 February 2022 with members of the Ibero-American General Secretariat (SEGIB) included a presentation of the rule of Law mechanisms and conferences of the Ibero-American System and highlighted already existing co-operation with the Venice Commission. It was agreed that the two organisations could continue technical exchanges and explore possible areas and topics of common interest (e.g. data protection). High-level bilateral meetings could also be considered in due course.

 

International IDEA (International Institute for Democracy and Electoral Assistance): The informal exchange held on 4 April 2022 showed that IDEA could further develop co-operation with the CoE, especially in the areas of anti-corruption, participatory democracy and elections. Furthermore, the CoE will continue its participation in the "Inter-Regional Dialogue on Democracy" (IRDD) - a forum of regional organisations under the umbrella of IDEA. Co-operation with IDEA and participation in the IRDD represent opportunities to promote membership of CoE conventions beyond the borders of Europe.

Exchanges with other international organisations could be held at a later stage since the list of organisations initially proposed was not exhaustive.

 

4.         Relations with other non-member States

To date, about 100 non-member States are bound by CoE treaties or are members of, observers to or participants in partial/enlarged agreements (“Partial Agreements”). In addition, a number of them also have institutionalised bilateral relations with the Committee of Ministers, the Parliamentary Assembly and/or the Congress (see Appendix 1). These relations also contribute to the promotion of CoE instruments.

The non-member States most closely linked to CoE instruments (in terms of ratifications of conventions and participation in partial agreements) are mainly the most active partners in the CoE's Neighbourhood Policy (i.e. Israel, Morocco and Tunisia), some observer States and others, in particular South Korea, Australia, Chile, Argentina, Senegal and South Africa.

Among the "open" conventions, three have been ratified by a significant number of non‑member States: the Convention (of the CoE and the OECD) on Mutual Administrative Assistance in Tax Matters (ETS 127 - 72 ratifications); the Convention on the Transfer of Sentenced Persons (ETS 112 – 22 ratifications); and the Convention on Cybercrime ("Budapest Convention", ETS 185 - 21 ratifications and 1 signature). Among the Partial Agreements, the European Pharmacopoeia and the Venice Commission have the largest

participation of non-member States (23 and 22 respectively), followed by the North-South Centre (5) and the Enlarged Partial Agreement on Sport (4).

All CoE bodies and institutions contribute to multilateral co-operation and promotion of the CoE's “open” instruments, including the Secretary General, the Committee of Ministers, the Parliamentary Assembly and the Congress. The North-South Centre constitutes also a useful tool in this respect. In geographical terms, the most systematic promotion efforts are carried out within the framework of the CoE Neighborhood Policy and relevant CoE Offices, when resources, especially financial, allow. Bilateral and regional co-operation projects are useful tools, as the establishment of a common legal space is one of the main priorities. The role of observer States is also a key feature of the CoE’s global outreach. In thematic terms, promotion efforts remain largely dependent on the resources available in the sectors concerned.

Co-operation with other international organisations, notably the EU, the UN and the OSCE, which has been strengthened in recent years, provides another type of privileged and multisectoral framework for the promotion of the CoE's global instruments, by providing visibility and/or support for their implementation. The role of the Liaison Offices as relays with other international organisations has also been amply confirmed.

  

These efforts for promotion could be further strengthened. The following proposals could be examined in particular:

-          Continue to encourage observer States and neighbouring States to participate in relevant instruments and to serve as “relays” for this promotion;

-          Encourage the Liaison Offices and the North-South Centre, as well as other relevant partial agreements, to develop their role in this regard; and

-          Further develop co-operation with other international organisations to this effect.

IV.        The way forward

As indicated above, this process highlighted the richness and diversity of the existing external projection of the CoE, which goes far beyond its Neighbourhood Policy and confirms the interest to define an overall approach to CoE’s contribution to international order and global governance, as well as to the achievement of the SDGs.

On the other hand, the international order has dramatically changed. The aggression of the Russian Federation against Ukraine and the subsequent decision on the cessation of the membership of the Russian Federation to the Council of Europe, adopted by the Committee of Ministers on 16 March 2022, is a “game changer”: the Russian Federation has become a European non-member State, a CoE immediate neighbour. It is too early to evaluate the impacts of this situation on the external relations of the CoE. However, it is evident that the CoE contribution to the new emerging international order and multilateralism is needed more than ever. In this context, CoE relations with its main partners - the EU, the UN and the OSCE - and other relevant international organisations, as well as with non-member States sharing the same values are even more important. Therefore, it is proposed to pursue, and possibly adjust to the new international order, the ongoing work, with a view to:

-          Developing more strategic dialogue and relations with the UN system and further reflecting on the CoE contribution to the achievement of the SDGs (relations with the EU and the OSCE are dealt with separately);

-          Further developing exchanges of views with relevant international organisations;

-          Further exploring ways and means to promote CoE instruments open to non-member States;

-          Exploring the possibility of developing relations based on community of values (which would not necessarily be determined by geographical proximity) that would include observer States, relevant States from the geographical neighbourhood and possibly other States and international organisations sharing the same values and with which dialogue could be further enhanced.

Appendix 1: Institutionalised Bilateral Relations of non-member States with the Council of Europe’s Committee of Ministers, Parliamentary Assembly and Congress of Local and Regional Authorities: Overview

1.         Observer status (State/national parliament)

	Observer status with the Council of Europe (Committee of Ministers)	Observer status with the Parliamentary Assembly granted to national parliaments (see Rule 63 – Observers)
Canada	Granted on 03/04/1996	Granted on 28/05/1997
Holy See	Granted on 07/03/1970	_
Japan	Granted on 20/11/1996	_
Mexico	Granted on 01/12/1999	Granted on 04/11/1999
United States of America	Granted on 7/12/1995 Entered into force on 15/01/1996	_
Israel	_	Granted to the Knesset in 1957

2.         Beneficiaries of the Council of Europe Neighbourhood Policy enjoying institutionalised bilateral relations with the Committee of Ministers, and/or Parliamentary Assembly and/or Congress of Local and Regional Authorities

	Formalised Bilateral Co-operation Document with the Committee of Ministers	Status/Agreement with the Parliamentary Assembly	Partner for Local Democracy Status with the Congress of Local and Regional Authorities
NORTH AFRICA
Morocco	Neighbourhood Partnership 2022-2025	Parliament granted Partner for Democracy status in 2011	Partner for Local Democracy status granted in 2019
Tunisia	Neighbourhood Partnership 2022-2025	-	Partner for Local Democracy status granted in 2019
MIDDLE EAST
The Hashemite Kingdom of Jordan	-	Parliament granted Partner for Democracy status in 2016	-
Palestine*[16]	-	Palestinian National Council (PNC) granted Partner for Democracy status in 2011	-
Israel	-	Observer status granted to the Knesset in 1957	-
CENTRAL ASIA
Kazakhstan	Neighbourhood Co-operation Priorities for Kazakhstan for the period 2019-2022	2004 Agreement on co-operation between PACE and the Parliament of Kazakhstan	-
Kyrgyz Republic	-	Parliament granted Partner for Democracy status in 2014	Request for the Partner for Local Democracy status received on 9 March 2022

Appendix 2 - List of meetings and contributions in the context of the Reflection process

1.     Exchange of views with the Rapporteur Group on External Relations (GR-EXT) and written contributions

-          4 November 2021 (Synopsis: GR-EXT(2021)CB6)

o    European Commission for Democracy through Law (Venice Commission)

§  Mr Gianni Buquicchio, President (CDL-PI(2021)017)

-          25 November 2021 (Synopsis: GR-EXT(2021)CB7)

o    Representatives of observer States of the Council of Europe

§  Japan, Mexico and the Holy See(GR-EXT(2021)13-rev)

o    Congress of Local and Regional Authorities of the Council of Europe

§  Mr Andreas Kiefer, Secretary General (GR-EXT(2021)14)

o    Conference of International Non-Governmental Organisations (INGOs) of the Council of Europe

§  Mr Gerhard Ermischer, President (GR-EXT(2021)15)

-          11 January 2022 (Synopsis: GR-EXT(2022)CB1)

o    Parliamentary Assembly of the Council of Europe

§  Ms Despina Chatzivassiliou, Secretary General (GR-EXT(2022)2), DD(2022)9)

o    European Court of Human Rights

§  Mr Jon Fridrik Kjolbro, Vice-President (GR-EXT(2022)3, DD(2022)10)

o    Commissioner for Human Rights

§  Ms Dunja Mijatović (GR-EXT(2022)4)

-          1 March 2022 (Synopsis: GR-EXT(2022)CB2)

o    Executive Committee of the European Centre for Global Interdependence and Solidarity (North-South Centre)

§  Ambassador Manuel Montobbio, President (GR-EXT(2022)7, “Vision paper”)

o    Representative of observer State of the Council of Europe

§  United States of America

-          28 March 2022

External relations of the Parliamentary Assembly of the Council of Europe

o   Parliamentary Assembly of the Council of Europe

§  Mr Tiny Kox, President (Resolution 2277 (2019); Resolution 2369 (2021))

The promotion of Council of Europe instruments beyond member States

o    Directorate of Legal Advice and Public International Law

§  Mr Jörg Polakiewicz, Director (DD(2022)136)

o    Directorate of Political Affairs and External Relations

§  Mr Alexander Guessel, Director

o   Directorate General of Programmes

§  Ms Verena Taylor, Director 

2.     Exchange of views with the Chairman of the GR-EXT

-          26 November 2021

o    International Organisation of the Francophonie (IOF)

§  Mr Antoine Michon*, Director of Political Affairs and Democratic Governance

(GR-EXT(2020)12)

-          31 January 2022

o    Union for the Mediterranean (UFM)

§  Ambassador John Paul Grech*, Deputy Secretary General for Social and Political Affairs

-          21 February 2022

o    Ibero-American System

§  Ambassador Marcos Pinta Gama*, Ibero-American Deputy General Secretary

-          4 April 2022

o    Organisation of American States (OAS)

§  Mr Luis Almagro*, Secretary General

o    International Institute for Democracy and Electoral Assistance (IDEA)

§  Mr Kevin Casas-Zamora*, Secretary General

* acting as head of the delegation which was composed of other representatives.