Ministers' Deputies
Notes on the Agenda

Notes(2000)86 14 February 2000

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699 Meeting, 16 February 2000
4 Human Rights

4.3 Framework Convention for the Protection
of National Minorities
Election and appointments to the Advisory Committee - Candidates in respect of
Malta and Spain

Item prepared by the GR-H

Reference documents

CM(2000)12 and Addendum
CM/Del/Dec(99)662/4.3


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Action

The Deputies are invited to elect and appoint experts to fill casual vacancies caused by the resignation of the ordinary members of the Advisory Committee on the Framework Convention for the Protection of National Minorities appointed in respect of Malta and Spain.

1. The expert appointed, in March 1999, to the Advisory Committee on the Framework Convention in respect of Malta, Mr Noel BUTTIGIEG-SCICLUNA, notified the Secretary General, by letter of 26 October 1999, of his intention to resign from the Advisory Committee due to the fact that he considers his new functions as Ambassador of Malta to the OSCE and Austria to be incompatible with the independence and impartiality requirement of the members of the Advisory Committee. The resignation, submitted in accordance with Rule 16 of Resolution (97) 10, took effect on 1 December 1999.

2. The expert appointed, in March 1999, to the Advisory Committee on the Framework Convention in respect of Spain, Mr Manuel HERNANDEZ RUIGOMEZ, notified the Secretary General, by letter of 18 October 1999, of his intention to resign from the Advisory Committee due to the fact that he considers his new functions as Minister Counsellor in the Embassy of Spain in Costa Rica to be incompatible with the independence and impartiality requirement of the members of the Advisory Committee. The resignation, submitted in accordance with Rule 16 of Resolution (97) 10, took effect on 18 October 1999.

3. The Deputies are hereby invited to appoint experts to fill the resulting casual vacancies in accordance with Rule 18 of Resolution (97) 10, which reads as follows:

4. Pursuant to Rule 18 of Resolution (97) 10, Malta submitted nominations by letter of 26 November 1999 and Spain submitted nominations by letters of 10 January 2000 and 26 January 2000. The names and curricula vitae of persons nominated appear in document CM(2000)12 and Addendum.

5. The GR-H held an informal exchange of views concerning the candidates presented in document CM(2000)12 and addendum. Introducing the item, the Chairman noted that both vacancies had been created by the resignation of sitting members who had been appointed to governmental functions. The Chairman commended their implicit wish to observe the requirements of independence and impartiality imposed upon members of the Advisory Committee.

a. With regard to the candidates presented in respect of Malta, the delegation of the proposing state expressed a preference for Dr Tonio Ellul, the second candidate of the list of two. After debate, the Chairman noted that the GR-H agreed with the preference expressed by the Maltese Delegation.

b. With regard to the candidates presented in respect of Spain, the delegation of the proposing state expressed a preference for the first candidate on the list, Ms Sara Nuñez de Prado y Clavel. The Chairman noted, however, that several delegations had indicated a preference for Mr José Manuel Fresno Garcia, whose curriculum vitae is presented in the Addendum to CM(2000)12. Given that no consensus had emerged from the debate, he proposed to leave the choice to the Deputies when they carried out the secret ballot. No delegation expressed any preference for the remaining candidate in respect of Spain.

6. It is recalled that Rules 5, 6, 8 and 9 of Resolution (97) 10 read as follows:

7. It follows that Resolution (97) 10 requires that at this stage two distinct procedural steps be taken:

1) election of an expert in respect of Malta and in respect of Spain to the List of persons eligible to serve on the Advisory Committee (Rule 9);

2) appointment of the expert entered onto the List in respect of Malta and in respect of Spain as ordinary member of the Advisory Committee (Rule 18).

8. To be elected, it is necessary to obtain an absolute majority of the votes of the Deputies having the right to vote. All members of the Committee of Ministers are entitled to take part in the vote, which will be by secret ballot. Should none of the candidates on the list obtain the required majority, it would be necessary to hold a second round of voting. If a second round is held, the candidate placed in third position may be omitted, if the Committee so decides.

9. Pursuant to Rule 18 of Resolution (97) 10, the term of office of the experts appointed to fill the present casual vacancies shall commence on the date of the adoption of the appended draft decision (see below) and expire on 1 June 2002. However, it is recalled that, by virtue of the operation of Rule 16 of Resolution (97) 10, the mandate of half the number of ordinary members as it stands two years after the commencement of work shall be extended by two years.

DRAFT DECISIONS

(CM/Del/Dec(99)662/4.3, CM(2000)12 and Addendum)

The Deputies

1. having proceeded to elections in conformity with Rules 8-9 of Resolution (97) 10, declare elected to the list of experts eligible to serve on the Advisory Committee

¼ in respect of Malta

¼ in respect of Spain;

2. appoint, in accordance with Rule 18 of Resolution (97) 10, as an ordinary member of the Advisory Committee for a term which will commence on [the date of this decision] and expire on 1 June 2002, subject to a possible extension by virtue of the operation of Rule 16 of Resolution (97) 10

¼ in respect of Malta

¼ in respect of Spain;

3. consequently adopt Resolution DH ( 2000) .. , as it appears at Appendix .. to the present volume of Decisions.<see Appendix to the present Notes>

(Item 4.3)

The Committee of Ministers,

by virtue of Article 26, paragraph 2 of the Framework Convention for the Protection of National Minorities and of Rules 9 and 18 of Resolution (97) 10 (Rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention for the Protection of National Minorities);

Considering that:

the Government of Malta deposited its instrument of ratification on 10 February 1998 and that the Framework Convention for the Protection of National Minorities entered into force in respect of Malta on 1 June 1998;

the Government of Spain deposited its instrument of ratification on 1 September 1995 and that the Framework Convention for the Protection of National Minorities entered into force in respect of Spain on 1 February 1998;

Considering that the casual vacancies caused by the resignation of the ordinary members appointed in March 1999 in respect of Malta and in respect of Spain need to be filled in accordance with Rule 18 of Resolution (97) 10;

Having regard to the nominations of candidates, in accordance with Rule 8 of Resolution (97) 10,

- by the Government of Malta by letter of 26 November 1999;

- by the Government of Spain by letters of 10 and 26 January 2000;

Having proceeded to elections by secret ballot;

- Declare elected to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities per (date election)

¼ in respect of Malta

¼ in respect of Spain;

- Appointed as ordinary members of the Advisory Committee on the Framework Convention for the Protection of National Minorities for a term which will commence on [the date of the adoption of this Resolution] and expire on 1 June 2002, subject to a possible extension by virtue of the operation of Rules 16 of Resolution (97) 10

¼ in respect of Malta

¼ in respect of Spain.