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Ministers' Deputies Notes on the Agenda  679 Meeting, 15 [-16] September 1999 4 Human Rights
4.3 Advisory Committee on the Framework Convention
for the Protection of National Minorities (ACFC)
b. First Activity Report of the Advisory Committee Notes(99)676 26 August 1999
Reference documents
The Deputies are invited to hold an exchange of views with the President of the Advisory Committee on the first Activity Report of the Advisory Committee, covering the period 1 June 1998 to 31 May 1999.
1. In accordance with Rule 38 of the Committee of Ministers' Resolution (97) 10, the first Activity Report of the Advisory Committee on the Framework Convention for the Protection of National Minorities was submitted to the Committee of Ministers by letter, dated 16 August 1999, addressed to the Chairman of the Ministers' Deputies by the President of the Advisory Committee. 2. The first Activity Report of the Advisory Committee, covering the period 1 June 1998 to 31 May 1999, appears in CM(99)126. A summary of the Report is appended to the present notes.
DRAFT DECISION Item 4.3 FRAMEWORK CONVENTION FOR THE PROTECTION OF b. First Activity Report of the Advisory Committee (1 June 1998 to 31 May 1999) (CM(99)126)
Decision The Deputies took note of the first Activity Report of the Advisory Committee on the Framework Convention for the Protection of National Minorities for the period 1 June 1998 to 31 May 1999 (CM(99)126). APPENDIX SUMMARY OF THE FIRST ACTIVITY REPORT OF THE ADVISORY COMMITTEE 1. The Framework Convention for the Protection of National Minorities entered into force in February 1998. The Framework Convention has been signed by 37 States, of which 27 have also ratified it. 2. The Advisory Committee was constituted in 1998 under Article 26 of the Framework Convention for the Protection of National Minorities to assist the Committee of Ministers in the monitoring of the Framework Convention. The main task of the Advisory Committee - composed of 18 independent and impartial members - is to examine reports submitted by States Parties on the implementation of the Framework Convention and to adopt opinions on them. 3. The Advisory Committee commenced its work in June 1998. During its first year of activities - the period covered by the first Activity Report - the Advisory Committee held four plenary meetings. 4. At its first two meetings in 1998, the Advisory Committee concentrated on procedural matters and on working methods. It adopted, inter alia, its Rules of Procedure and agreed on the composition of the Bureau. It also organised an exchange of views on the reporting procedure with government experts responsible for preparing state reports. 5. Having received the first reports in February 1999, the Advisory Committee was in a position to start its monitoring activities proper. By 3 August 1999, the Advisory Committee had received 13 state reports for analysis and opinion. Regrettably, a number of States Parties had not submitted their reports as foreseen in the Framework Convention (within one year from the entry into force of the Framework Convention in the country concerned). 6. In the course of the examination of the reports received so far, the Advisory Committee has repeatedly found that additional information would need to be sought from the State Party concerned, in particular on the implementation of relevant norms in practice. In addition to written procedures, such additional information can be obtained through meetings with representatives of reporting States has taken place. 7. The Advisory Committee has also concluded that, in order to carry out its task effectively and in a balanced and consistent way, it may also need to contact sources other than reporting States. Therefore, the Advisory Committee notified the Committee of Ministers, in May 1999, of its intention to invite information from non-governmental organisations and other sources that could complement and clarify information contained in initial state reports. The Advisory Committee also requested and received a mandate from the Committee of Ministers to hold its first meeting with independent bodies and organisations in order to discuss the implementation of the Framework Convention in a State Party. 8. The Advisory Committee wishes to be in a position to submit the first set of opinions to the Committee of Ministers in early 2000. As regards the consideration of these opinions by the Committee of Ministers and the subsequent adoption of conclusions and possible recommendations, the Advisory Committee would welcome the opportunity to be involved in this exercise in an appropriate manner. 9. The Committee is concerned that the resources allocated to its work do not reflect the importance or volume of the work of the Committee or the status of its members as independent and impartial experts of a human rights treaty body. In particular, the Committee believes that the small Secretariat of the Advisory Committee will need to be considerably strengthened if it is to be able to cope with the increasing workload in a satisfactory manner. As concerns daily allowances, the Committee finds it imperative that it be treated on an equal basis with other independent human rights treaty bodies of the Council of Europe. 10. The Advisory Committee has much appreciated the support it has received from the Committee of Ministers in settling a number of procedural issues. The Advisory Committee is confident that this spirit of trust and co-operation will continue to guide the relations between the two bodies as they proceed further with the actual monitoring work.
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