Committee of Ministers
Comité des Ministres
Strasbourg, 3 August 1998
Restricted
CM(98)134
For consideration at the 641st meeting
of the Ministers’ Deputies
(15 September 1998, B level, item 10.1)
MULTIDISCIPLINARY GROUP ON CORRUPTION
(GMC)
OBSERVERS IN THE MULTIDISCIPLINARY GROUP ON CORRUPTION (GMC) |
Information document
prepared by the
Directorate of Legal Affairs
1. At the 554th meeting of the Ministers' Deputies (January 1996, item 10.2), the Committee of Ministers took note of the draft Programme of Action against Corruption (hereafter, "PAC") prepared by the Multidisciplinary Group on Corruption (GMC), requested the European Committee on Crime Problems (CDPC) and the European Committee on Legal Co-operation (CDCJ) to express their opinion thereon and gave interim terms of reference to the GMC to start implementing some of the activities foreseen by the PAC. In view of the provisional nature of the terms of reference given to the GMC, the Deputies agreed that it would be premature to take a stand on the requests made by a number of international non-governmental organisations to participate in the work of the GMC.
2. At the 578th meeting (November 1996, item 10.2) of the Minister's Deputies, the Committee of Ministers adopted the Programme of Action against Corruption (PAC), authorised its declassification and gave specific terms of reference to the GMC to implement the PAC before the end of the year 2000.
Paragraph 22 of the PAC ("Organisational proposals", see Appendix I) proposed that observer status be granted to the International Chamber of Commerce (ICC), Transparency International (TI) and the International Bar Association (IBA). Whereas the Committee of Ministers authorised the European Commission, the Organisation for Economic Co-operation and Development (OECD), the United Nations (UN), ICPO-Interpol, the European Bank for Reconstruction and Development (EBRD), the World Bank (WB) and the International Commission on Civil Status to participate in the GMC's work, the specific terms of reference given to the GMC contained no reference to the international NGOs mentioned in paragraph 22 of the PAC (see Appendix II).
3. At its 6th plenary meeting (3-6 December 1996), the GMC noticed that the Committee of Ministers, when adopting the PAC, had taken no decision on the requests made by the ICC, TI and IBA to participate in the GMC's work as observers. The GMC reiterated the wish, already expressed in paragraph 22 of the PAC, to be able to benefit from the collaboration of these international non-governmental organisations" (see Appendix III).
4. The Deputies considered the question of the observers to the GMC at their 587th meeting, (April 1997). On that occasion, the Deputies agreed to resume consideration of the requests from ICC, TI and IBA to participate as observers in the activities of the GMC at their 594th meeting (June 1997).
At their 594th meeting (June 1997), the Deputies agreed to resume consideration of this question at one of their forthcoming meetings.
5. In the meantime, two additional requests for observer status with the GMC were addressed to the Secretariat by the International Commission of Jurists (see Appendix IV) and the Hague Conference on Private International Law (see Appendix V) in February and March 1997, respectively.
During its 8th plenary meeting (March 1997, see doc. GMC (97) 30), the GMC took note of these two new requests for observer status and acknowledged that it was for the Committee of Ministers to take a decision on them. Pending the decision of the Committee of Ministers on the previous requests made by ICC, TI and IBA, the GMC did not express any opinion on whether observer status should be granted or not to the new requesting organisations. It considered, however, that the general criterion for the admission of new observers should be their ability to provide the GMC with specific expertise (see Appendix VI). In addition, at its 8th meeting (20-21 March 1997), the Working Group on Civil Law (GMCC) of the GMC expressed itself in favour of granting observer status to the Hague Conference on Private International Law (see Appendix VII), as the draft International Instrument on civil remedies for compensation for damage resulting from acts of corruption, under preparation by the GMCC, contained various references to private international law matters, in particular as regards recognition and execution of foreign judgements in civil matters.
6. On 4 May 1998, Mr. Peter EIGEN, Chairman of Transparency International addressed a letter to the Secretary General (see Appendix VIII), reiterating the request of his organisation to be authorised to participate in the work of the GMC as an observer.
On 2 June 1998, the Secretary General replied (see Appendix IX), that he would convey to the Committee of Ministers the interest expressed by Transparency International in participating in the work of the GMC.
7. Finally, it should be recalled that at their 629th meeting (28-30 April 1998, item 10.5), the Deputies approved representation of the Congress of Local and Regional Authorities of Europe (CLRAE) at meetings of the GMC and of its working groups on matters connected with the drawing up by the CLRAE of a draft European Code of Conduct of local and regional elected representatives.
APPENDIX I
Paragraph 22 of the
Programme of Action against Corruption
"....
22. The GMC proposes to be able to benefit from the collaboration of, depending on the subject to be dealt with, the Parliamentary Assembly of the Council of Europe as well as international non-governmental organisations such as the International Chamber of Commerce, Transparency International and the International Bar Association. The requests for observer status made by the latter three organisations should be granted. The GMC should also have the possibility to request specialists to assist in its work, for instance, auditor's associations if questions of auditing are discussed. The GMC proposes to maintain a real multidisciplinary character in its work.
..."
APPENDIX II
Terms of reference of the GMC, as reproduced at pages 112 and 113 of
the Programme of Action against corruption (1996)
"Specific terms of reference
1. Name of Committee: Multidisciplinary Group against Corruption (GMC) 2. Type of Committee: Committee of Experts 3. Source of terms of reference: Committee of Ministers 4. Duration of terms of reference: 31 December 2000 5. Terms of reference: Under the responsibility of the European Committee on Crime Problems (CDPC) and the European Committee on Legal Co-operation (CDCJ), - to elaborate as a matter of priority one or more international conventions to combat corruption, and a follow-up mechanism to implement undertakings contained in such instruments, or any other legal instrument in this area; - to elaborate as a matter of priority a draft European Code of Conduct for Public Officials; - after consultation of the appropriate Steering Committee(s) to initiate, organise or promote research projects, training programmes and the exchange at national and international level of practical experiences of corruption and the fight against it; - to implement the other parts of the Programme of Action against Corruption, taking into account the priorities set out therein; - to take into account the work of other international organisations and bodies with a view to ensuring a coherent and co-ordinated approach; - to consult the CDCJ and/or CDPC on any draft legal text relating to corruption and take into account its/their views. |
... 6. Composition of the committee: All member States are entitled to sit on the Group, one expert per member State having its expenses refunded by the budget of the Council of Europe. The experts should preferably be chosen amongst national civil servants of the highest rank, having an in-depth knowledge of the subject, or amongst personalities of international reputation due to their specific experience or personal integrity. 7. Observers:
Non-member States: Australia, Belarus, Bosnia and Herzegovina, Canada, Georgia, Holy See, Japan, Mexico, New Zealand, United States of America. International Organisations: OECD, United Nations, ICPO-Interpol, European Bank for Reconstruction and Development, World Bank.
8. Other participants: Commission of the European Communities. 9. Liaison with CDPC and CDCJ: The European Committee on Crime Problems (CDPC) and the European Committee on Legal Co-operation (CDCJ) shall appoint one representative each, chosen amongst their members, to participate in the Group's activities and to ensure co-ordination between the Group and the respective Steering Committee." |
APPENDIX III
Extract from the 6th meeting report of the GMC
(Strasbourg 3-6 December 1996, see GMC(97) 7, p. 14)
"....
The GMC noticed that the Committee of Ministers had taken no decision on the requests made by the International Chamber of Commerce, Transparency International and the International Bar Association to participate in the GMC's work as observers. The GMC reiterated the wish, already expressed on paragraph 22 of the POC, to be able to benefit from the collaboration of these international non-governmental organisations.
..."
APPENDIX IV
THIS APPENDIX IS NOT AVAILABLE ON THE INTERNET
APPENDIX V
The Hague Conference on private international law
TRANSLATION
No. 307(97)vL/bL THE HAGUE, 10 March 1997
The Secretary General
Mr D Tarschys
Secretary General
Council of Europe
BP 431 R6
F-67075 Strasbourg Cédex
cc: Ms M Killerby
Dear Secretary General,
At the last meeting of the CDCJ in November 1996, the participants were informed about the progress of the work of the Multidisciplinary Group on Corruption. It appears from the documents distributed at the meeting that the work planned on combating corruption will bear some relation to certain Hague Conventions, in particular those on civil procedure and legal and administrative co-operation. It would therefore seem appropriate for our organisation to be able to follow these activities, especially since it has just started a series of negotiations that should lead in four years to a world convention on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters.
With reference to the co-operation agreement between the Council of Europe and the Hague Conference of 13 December 1955, I should be grateful if you would take the necessary steps for the Hague Conference to be granted observer status with the Council of Europe body/bodies that is/are dealing with/will deal with the issue of corruption.
Yours faithfully,
(signed)
JHA van Loon
APPENDIX VI
Extract from the 8th meeting report of the GMC
(Strasbourg, 17-19 March 1997, see GMC(97) 30, pp. 13-14 under X. Miscellaneous)
"...
The Secretariat informed the GMC that the "The Hague Conference on Private International Law" and the "International Commission of Jurists" had requested, through letters addressed to the Secretary General of the Council of Europe, to be granted observer status with the GMC.
Following an exchange of views on the question of observers, the Chairman noted that the general criteria should be that new observers should only be admitted if it would be in the mutual benefit of both the requesting organisation and of the GMC. The requesting organisation should be in position, particularly, to provide the GMC with specific experience or expertise.
The Chairman further recalled that it was for the Committee of Ministers to take a final decision the GMC being called to express its position on this matter. Before doing so, the Secretariat should distribute copies of the letters to all members and try to obtain more information on the particular expertise that the requesting organisations may have in the field of corruption. The Chairman noted that there was general agreement with his suggestion to examine this matter further at the next meeting.
..."
APPENDIX VII
Extract from the 8th meeting report of the GMCC
(Strasbourg, 20-21 March 1997, see GMC(97) 24, p. 2, §2)
"...
2. The GMCC noted that the Hague Conference on Private International Law, which was particularly interested in the work of the GMCC, had requested to be granted observer status with the GMC. The GMCC was favourable to this request and noted that the GMC would take a position on this request at its next meeting in May 1997.
..."
APPENDIX VIII
Transparency International (TI)
TRANSLATION
Mr Daniel Tarschys
Secretary General
Council of Europe
67075 Strasbourg Cédex
France
4 May 1998
Dear Secretary General,
As you are aware, the action programme to combat corruption adopted by the Committee of Ministers in 1996 referred to the proposal by the Multidisciplinary Group on Corruption (GMC) to involve in its work three international non-governmental organisations that had applied for observer status for that purpose. Transparency International was one of them.
To date, the proposal has not been acted upon. I believe, however, that the matter may be discussed at ministerial level in the near future.
I should like to take this opportunity to stress that Transparency International is the only NGO that is involved solely in combating corruption. I would also point out that our network throughout the world has expanded significantly since our initial application. We now have national chapters set up or in the process of being set up in over sixty countries and have established preliminary contacts in around twenty others. We have ongoing working relations with the leading international financial institutions and are consulted regularly by various bodies such as the OECD. Since 1995, we have been responsible for the secretariat of the International Anti-Corruption Conference, which meets every two years, its most recent session having been in Lima last year.
We would therefore be pleased to be involved in the work of the GMC, to which we hope we could make a useful contribution.
Yours faithfully,
(signed)
Peter Eigen
Chairman of Transparency International
APPENDIX IX
THIS APPENDIX IS NOT AVAILABLE ON THE INTERNET