RAP-ONG(2003)8 ... Draft Resolution on participatory status of international non-governmental organisations (INGOs) with the Council of Europe and draft Resolution on the partnership between the Council of Europe and national non-governmental organisations (NGOs):Examination of the opinions by the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe and the Plenary Conference of INGOs enjoying consultative status with the Council of Europe

Ministers' Deputies / Rapporteur documents

RAP-ONG
Rapporteur on Relations between the Council of Europe and NGOs

RAP-ONG(2003)8 (restricted) 14 October 2003

————————————————

Draft Resolution on participatory status for international non-governmental organisations (INGOs) with the Council of Europe and draft Resolution on the partnership between the Council of Europe and national non-governmental organisations (NGOs):

Examination of the opinions by the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe and the Plenary Conference of INGOs enjoying consultative status with the Council of Europe

Report by the Rapporteur to be considered at the meeting on 23 October 2003

————————————————

At their 837th meeting (16 April 2003 – item 2.3),

“the Deputies

1. took note of their Rapporteur’s report on relations between the Council of Europe and NGOs, as it appears in RAP-ONG(2003)6,

2. on the basis of this report, gave their preliminary agreement to the wording of the following preliminary draft Resolutions:

- Resolution on participatory status for international non-governmental organisations with the Council of Europe (RAP-ONG(2003)2-rev);

- Resolution on the partnership between the Council of Europe and national non-governmental organisations (RAP-ONG(2003)3-rev2);

3. decided to declassify the aforementioned report and preliminary draft resolutions and to submit the latter for opinions to the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe and the Plenary Conference of international NGOs enjoying consultative status with the Council of Europe;

4. agreed to resume consideration of this matter at one of their forthcoming meetings, in the light of the opinions from the aforementioned bodies.”

In the meantime, the Committee of Ministers received the opinions from the three above-mentioned bodies:

- On 29 September 2003, the Parliamentary Assembly adopted Opinion No 246 on “Relations between the Council of Europe and non-governmental organisations”;

- On 12 September, the three Presidents of the Congress of Local and Regional Authorities of Europe adopted the “Draft opinion on the Committee of Ministers’ preliminary draft resolutions on the partnership between the Council of Europe and national non-governmental organisations and on participatory status of international non-governmental organisations with the Council of Europe” (CG/Bur(10)41);

- On 25 June 2003, the Extraordinary Plenary Conference of INGOs enjoying consultative status with the Council of Europe adopted Opinion No 1 on “The preliminary draft Resolution on participatory status for international non-governmental organisations with the Council of Europe”, and Opinion No. 2 on “The preliminary draft Resolution on the partnership between the Council of Europe and national non-governmental organisations”.

I suggest that we examine these opinions at the RAP-ONG meeting on 23 October 2003 with a view to preparing the Deputies’ decision to formally adopt the two draft Resolutions at one of their forthcoming meetings in November 2003. This calendar would allow the entry into force of the two Resolutions in time for the January 2004 Plenary Conference of INGOs.

I noted with satisfaction that the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe and the Plenary Conference of INGOs enjoying consultative status with the Council of Europe confirmed the importance they attach to co-operation between the Council of Europe and NGOs and welcomed the creation of a participatory status of INGOs with the Council of Europe, to replace the current consultative status, and of a partnership between the Council of Europe and national NGOs, thus recognising the role of national NGOs in the implementation of the Council of Europe’s Programme of Activities.

I also noted with satisfaction that both the Assembly (paragraph 2 of Opinion No 246) and the Congress (paragraph 5 of CG/Bur(10)41) intend to intensify their relationship with NGOs.

I should like to draw your attention to a number of issues raised in the different Opinions which I consider as particularly relevant for our examination of the two draft Resolutions:

The Parliamentary Assembly is particularly concerned with the question “why some of the major NGOs with whom the Council of Europe has long-standing and fruitful co-operation have not applied for the consultative status” and calls on the Committee of Ministers to “assure that the new Resolutions remove any possible obstacles that may exist to discourage them from doing so”(paragraph 4.a. of Opinion No 246).

The new Resolution on participatory status recognises more clearly the value of an active participation of INGOs in the Council of Europe’s work. The new rules will also separate the wheat from the chaff. These developments will make it more attractive for NGOs that already actively pursue this co-operation with the Council of Europe to apply for this status.

Secondly, the new Resolution on participatory status recognises “the important role to be played by the Liaison Committee … and the INGO thematic Groupings”. These collective and representative NGO structures within the Council of Europe increase the efficiency of the co-operation of NGOs within the Council of Europe.

Thirdly, the new Resolution alleviates the reporting obligations by INGOs enjoying participatory status by increasing the reporting intervals from two to four years, thus reducing the administrative burden hitherto imposed on INGOs.

However, as in the past, the condition that INGOs enjoying participatory status be sufficiently representative at European level remains as valid as in the past so as to ensure that the Council of Europe can hear the voice of the 800 million Europeans through the NGOs to which they belong.

With regard to the Assembly’s request to assure that no formal relations be established with NGOs whose activities are not compatible with the Council of Europe’s principles, it is obvious that only those INGOs and NGOs which support the ideals and objectives of the Organisation can obtain participatory status or conclude partnership agreements.

Finally, I should like to underline that the Council of Europe has always followed an open door policy for both international and national NGOs and that it has benefited from doing so. A formal status has never been and should never be a pre-condition for NGOs to co-operate with the Organisation.

In the light of these considerations, I propose that the Committee of Ministers adopt definitely the two draft Resolutions and to keep their implementation under review (see below).

The Congress of Local and Regional Authorities of Europe requests to be associated with the Secretary General’s decisions on granting and withdrawal of participatory status to INGOs (paragraphs 8 and 9 of CG/Bur(10)41), alongside the Committee of Ministers and the Parliamentary Assembly whose tacit approval is necessary.

I fully support this request and recommend that paragraphs 14 and 19 as well as 15 and 20 of the Appendix to the Resolution on participatory status be amended as suggested by the Congress.

The Plenary Conference of INGOs enjoying consultative status noted an inconsistency between the introductory part of the Resolution and its Appendix (paragraph 6 of Opinion No. 1): Whereas paragraph 9 refers to the active participation of INGOs in the Organisation’s policy and work programme, the Resolution’s Appendix, which sets out the rules for the participatory status, does not reflect this important feature.

I therefore propose amending the draft Resolution on participatory status so as to include in paragraph 8 of the Appendix that “INGOs enjoying participatory status may be invited to provide, through their specific activity or experience, expert advice to the definition of Council of Europe policies, programmes and actions.”

The Plenary Conference of INGOs enjoying consultative status highlights the need for evaluating the application and operation of the participatory status for INGOs with the Council of Europe (paragraph 7.(c) of Opinion No. 1).

I fully share this request and suggest that the Committee of Ministers’ decision adopting the Resolution contain a paragraph on evaluation. The evaluation results would allow us, if needed, to adapt the Resolution in the light of developments in the relationship between the Council of Europe and INGOs.

The Opinions of both the Assembly (paragraph 4.c and 4.d of Opinion No 246) and the Plenary Conference of INGOs (paragraph 7.(b) of Opinion No 1) refer to Convention 124 on “the recognition of the legal personality of international non-governmental organisations” and to the “Fundamental Principles on the status of non-governmental organisations in Europe”.

For these questions I refer to my report on “Involvement of NGOs in the democratic process of member States: possible lines of action of the Committee of Ministers”, (RAP-ONG(2003)9).