Ministers' Deputies / Rapporteur documents
RAP-ONG
Rapporteur on Relations between the Council of Europe and NGOs
RAP-ONG(2003)9 (restricted) 14 October 2003
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Involvement of NGOs in the democratic process of member States: possible lines of action of the Committee of Ministers
(Proposals by the Rapporteur on relations between the Council of Europe and NGOs)
Item to be considered at the meeting convened by the RAP-ONG on 23 October 2003
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1. Within the context of the ongoing work on the reinforced status for non-governmental organisations and the drawing up of two preliminary draft resolutions of the Committee of Ministers on participatory status of international non-governmental organisations with the Council of Europe (RAP-ONG(2003)2-rev) and on the partnership between the Council of Europe and national non-governmental organisations (RAP-ONG(2003)3-rev2), questions have been raised on the legal standards for NGOs, and their application, with regard to democratic processes in Council of Europe member States.
2. These questions relate, on the one hand, to the European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations (ETS 124) and on the other, to the Fundamental Principles on the Status of Non-Governmental Organisations in Europe.
3. Convention 124 (1986) is to date the only legally binding international instrument in force that governs this aspect of NGOs. To date, it has been ratified by 9 member states (Austria, Belgium, France, Greece, Portugal, Slovenia, Switzerland, “the Former Yugoslav Republic of Macedonia” and the United Kingdom) and signed by two more states, Cyprus and the Netherlands. It entered into force in 1991.
4. The Fundamental Principles on the Status of NGOs in Europe were approved in July 2002 by a Group of Experts. They address topics such as the legal personality of NGOs, their statutes, management, fund raising, transparency and accountability of NGOs. These Fundamental Principles complement Convention 124 and provide guidance to states that are currently reforming their legislation on NGOs, thereby contributing to the harmonisation of European legal systems in this area.
5. The question of the ratification and signature of Convention 124 has already been brought to the attention of the Ministers’ Deputies. Already in 1999 (683rd meeting, 17-18 November 1999 – item 2.2) the Deputies urged member States, which had not already done so, to sign and ratify Convention 124.
6. You will also recall that at the Ministers’ Deputies’ 815th meeting on 30 October 2002, the Delegation of Georgia put forward a proposal of a new monitoring theme “What are or were the chief difficulties encountered in domestic law in your country as regards the ratification and implementation of Convention 124?” At that meeting the Deputies instructed their Rapporteur on relations between the Council of Europe and NGOs to consider the proposal of the Delegation of Georgia as presented in document CM/Monitor(2002)21 with a view to its possible consideration by the Deputies.
7. At their 837th meeting (16 April 2003, item 2.3) the Ministers’ Deputies noted with appreciation the Fundamental Principles (RAP-ONG(2003)4) and instructed the Secretariat to give them the widest possible circulation. The European Committee on Legal Co-operation (CDCJ) at its 78th meeting (20-23 May 2003) decided to consider proposals for possible future activities including an activity concerning international non-governmental organisations.
8. Also at their 837th meeting, the Ministers’ Deputies decided to submit the two preliminary draft resolutions on participatory status of international non-governmental organisations with the Council of Europe (RAP-ONG(2003)2-rev) and on the partnership between the Council of Europe and national non-governmental organisations (RAP-ONG(2003)3-rev2) for opinions to the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe and Plenary Conference of INGOs with consultative status with the Council of Europe.
9. In its Opinion N° 246 (2003) on relations between the Council of Europe and non-governmental organisations adopted on 29 September 2003, the Parliamentary Assembly gave its support to the process launched by the Committee of Ministers. At the same time it, inter alia, invited the Committee of Ministers to:
“… 4c. invite an expert group to examine why only nine member states have ratified the European Convention on the recognition of the legal personality of international non-governmental organisation (ETS No. 124) since its opening for signature in 1986 and if need be, adapt this Convention through an amending protocol;
4d. promote harmonisation of the principles for granting NGO status at the national level by calling on member states to apply the ”Fundamental principles on the status of non-governmental organisations in Europe” approved in July 2002 by a Council of Europe group of experts and consider transferring this text into a legal instrument of the Council of Europe”;
10. In Opinion N° 1 (2003) on the preliminary draft Resolution on participatory status for international non-governmental organisations with the Council of Europe adopted at the Extraordinary Plenary Conference of INGOs on 25 June 2003, the Plenary Conference:
“… 7(b) Requests that member States take positive action on:
- The decision taken at the 683rd meeting of the Ministers' Deputies (17-18 November 1999 - item 2.2) on the signature and ratification of Convention No 124 on the Recognition of the Legal Personality of International Non-Governmental Organisations,
- The application of the "Fundamental Principles on the Status of Non-Governmental Organisations in Europe" in accordance with the decision adopted by the Ministers' Deputies at their 837th meeting (16 April 2003 - item 2.3)”;
11. In addition, the NGOs meeting in their Human Rights Grouping on 25 June 2003 transmitted a Motion to the Secretary General of the Council of Europe whereby they :
- invite the Committee of Ministers to examine closely the question of obstacles to the ratification and implementation of the Convention N° 124 in the context of its thematic monitoring procedure (see in the same lines the proposal made by the Delegation of Georgia at the Committee of Ministers’ meeting of 28 October 2002, doc Monitor/Inf(2003)1, Addendum, p. 40).
- invite also the Committee of Ministers to examine, in the context of its thematic monitoring procedure, the question of the recognition of the legal personality of national NGO’s in the light of the Fundamental principles on the status of NGO’s in Europe, given the difficulties in registering and in functioning met at present by some national NGO’s in different Council of Europe’s member States”. [1]
12. It should also be noted that at their 845th meeting (2 July 2003), under the item “follow-up to the 112th Session of the Committee of Ministers”, the Ministers’ Deputies:
- considered a proposal from the Permanent Representative of Armenia on the objectives of the
co-operation programmes and in this context that the Council of Europe could concentrate more in the future on the reinforcement of the role of actors in democratic life, in particular NGOs and political groups.; and, in this respect
- “instructed their relevant subsidiary groups – in particular GR-EDS, the GR-EU, the RAP-PROG and the RAP-ONG – as well as the Secretariat to take into account in their future work the proposals made by the Permanent Representative of Armenia in his letter dated 18 June 2003 regarding the reinforcement of the Council of Europe action aiming at promoting the role of actors in democratic life in the member states”.
13. The Directorate General I, Legal Affairs, together with the Integrated Project 1, is currently carrying out a survey on the application of the Fundamental Principles in member States, the results of which should be known by the end of 2003.
14. In conclusion:
(i) with regard to the Fundamental Principles on the Status of NGOs in Europe, I propose that the Rapporteur on relations between the Council of Europe and NGOs follow closely the survey being undertaken by the Secretariat and report back to the Ministers’ Deputies in early 2004;
(ii) with regard to the European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations (ETS 124) and in particular the Parliamentary Assembly’s request in its Opinion N° 246 to look into the obstacles to the ratification of Convention 124, and if need be its adaptation, I propose that the Ministers’ Deputies give the necessary follow-up and request the Secretary General to examine this question;
(iii) with regard to the proposal from the Delegation of Armenia on the reinforcement of the Council of Europe action aiming at promoting the role of actors in democratic life in the member states, I have full confidence that my successor will follow up this decision;
(iv) In the light of the findings under points (i), (ii) and (iii)) above, these issues could be addressed in a future monitoring procedure dealing with the involvement of NGOs in the democratic process of member States.
Appendix
Motion of the Human Rights Grouping of the INGO’s enjoying consultative status with the Council of Europe on the recognition of the legal personality of international and national NGO’s adopted unanimously on 25 June 2003:
The INGO’s enjoying consultative status with the Council of Europe, gathered in their Human Rights Grouping, on 25 June 2003:
- note that the Council of Europe currently attaches a special importance to a strengthening of its collaboration with international and national NGO’s in the light of the draft Resolution on participatory status of international NGO’s with the Council of Europe (RAP-ONG (2003) 2 rev) and the draft Resolution on the partnership between the Council of Europe and national NGO’s (RAP-ONG (2003) 3 rev 2; see also the Ministers’ Deputies decision of 16 April 2003, 837th meeting, item 2.3).
- underline, however, that only the recognition of the legal personality of the international and national NGO’s in conformity with the principles enshrined in the European Convention on the recognition of the legal personality of international NGO’s (Convention N° 124) as well as with the Fundamental principles on the status of NGO’s in Europe (adopted on 13/11/02), enables them to genuinely contribute as actors in the development of a European democratic society.
- invite, therefore, the Committee of Ministers to examine closely the question of obstacles to the ratification and implementation of the Convention N° 124[2] in the context of its thematic monitoring procedure (see in the same lines the proposal made by the Delegation of Georgia at the Committee of Ministers’ meeting of 28 October 2002, doc. Monitor/Inf (2003) 1, Addendum, p. 40).
- invite also the Committee of Ministers to examine, in the context of its thematic monitoring procedure, the question of the recognition of the legal personality of national NGO’s in the light of the Fundamental principles on the status of NGO’s in Europe, given the difficulties in registering and in functioning met at present by some national NGO’s in different Council of Europe’s member States.