COUNCIL CONSEIL
OF EUROPE DE L'EUROPE
COMMITTEE OF MINISTERS
CONFIDENTIAL CM/Del/Concl (89) 426
Conclusions
of the
426th Meeting of the Ministers' Deputies
held in Strasbourg on 25 and 26 May 1989
Forty years Council of Europe
Strasbourg
426th meeting - May 1989
CONFIDENTIAL
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SUMMARY
Page
1. Adoption of the Agenda 9
Political and General Policy Questions
2. Political aspects of European co-operation and of current international events (Resolution (84)21) 11
3. Committee of Ministers - Follow-up to the 84th Session (Strasbourg, 5 May 1989) 13
4. Consultative Assembly - 1st Part of the 41st Ordinary Session (Strasbourg, 8-12 May 1989)
a. Texts adopted 23
b. Evaluation of the Session 25
c. Parliamentary questions for oral answer by the President of the Committee of Ministers 31
5. Future role of the Council of Europe in European construction - Assembly Recommendation 1103 33
6. Council of Europe observer status with the United Nations 35
7. Situation in Cyprus 39
8. Conferences of Specialised Ministers - State of preparation 41
9. Underwater cultural heritage - Written Question No. 303 by Mr van der Werff 43
Human Rights and Mass Media
Decisions to be taken under Article 32 of the European Convention on Human Rights
10. Uskela against Sweden 45
11. Ingrid Jordebo Foundation of Christian Schools against Sweden 47
12. Savoldi against Italy 49 CONFIDENTIAL
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Application of Article 54 of the European Convention on Human Rights
13. Judgments of the European Court of Human Rights in the Poiss case 51
14. Judgments of the European Court of Human Rights in the Erkner and Hofauer case 53
15. Judgment of the European Court of Human Rights in the Inze case 55
16. Judgment of the European Court of Human Rights in the Belilos case 57
17. Judgment of the European Court of Human Rights in the Bock case 59
18. Judgment of the European Court of Human Rights in the Lamy case 61
19. European Convention for the prevention of torture and inhuman or degrading treatment or punishment - Administrative and budgetary aspects of the implementation of the Convention 63
[25b. European Commission of Human Rights - Written Question No. 305 by Sir Geoffrey Finsberg 89]
Legal Questions
20. Ad hoc Committee of experts on the legal aspects of territorial asylum, refugees and stateless persons (CAHAR) - Report of the 28th meeting (Strasbourg, 14-17 April 1989) 65
Social and Economic Questions
[25c. Resettlement Fund of the Council of Europe (Social Development Fund) - Accession of the Republic of San Marino 93]
Youth
21. European Steering Committee on Intergovernmental Co-operation in the Youth Field (CDEJ) - Report of the 3rd meeting (Strasbourg, 14-15 March 1989) 67 CONFIDENTIAL
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Environment and Local Authorities
22. Regional or minority languages in Europe - Resolution 192 of the CLRAE - Assembly Opinion No. 142 69
Administrative Questions
23. Council of Europe budgets
a. 1989 budgetary situation 73
b. General outline of prospects for the 1990 budget 81
24. Preparation of forthcoming meetings 83
25. Other business
a. Communication from the Secretary General 85
b. European Commission of Human Rights - Written Question No. 305 by Sir Geoffrey Finsberg . 89
c. Resettlement Fund of the Council of Europe (Social Development Fund) - Accession of the Republic of San Marino 93
APPENDICES
APPENDIX 1 426th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 25 May (10 am) - 26 May 1989 - A level) Agenda a1
APPENDIX 2 427th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 12-16 June 1989 - A level 19-20 June 1989 - B level) a5
APPENDIX 3 Resolution DH(89)14 (item 10) Application No. 10537/83 Uskela against Sweden a13
APPENDIX 4 Resolution DH(89)15 (item 11) Application No. 11533/85 Ingrid Jordebo Foundation of Christian Schools against Sweden a15
APPENDIX 5 Decision No. CM/466/260589 (item 22) Specific terms of reference (CAHLR) a17
APPENDIX 6 Resolution (89)5 (item 23a) concerning the ordinary budget for the financial year 1989 a19
426th meeting - May 1989
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The 426th meeting of the Deputies opened at A level at 10 am on Thursday, 25 May 1989 under the Chairmanship of Mr R. Knoph, Deputy for the Minister for Foreign Affairs of Norway.
PRESENT
AUSTRIA Mr W. Sautter Mr E. Buttenhauser Mrs U. Plassnik
BELGIUM Mr R. Van Crombrugge Miss G. Van den Bergh
CYPRUS Mr P. Michaelides Mr M. Hadjimichael
DENMARK Mr E.V. Quaade Mrs K. Marcus
FINLAND Mr D. Vitzthum Mrs U. Väistö-Melleri
FRANCE Mr P. de Boisdeffre Mr S. Hofmann
FEDERAL REPUBLIC Mr C. von Schubert OF GERMANY Mr K. Praller
GREECE Mr S. Konstantopoulos Mr J. Corantis Mr N. Kanellos
ICELAND Mrs S. Snaevarr
IRELAND Mr A. Mulloy
ITALY Mr U. Toffano Mr C. Colombo
LIECHTENSTEIN Mr D. Ospelt
LUXEMBOURG Mr P. Faber
MALTA -
NETHERLANDS Mrs A. Nierman Mr W. Servatius CONFIDENTIAL
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NORWAY Mr R. Knoph, Chairman Mr D.M. Halvorsen
PORTUGAL Mr L.O. Roma de Albuquerque, Vice-Chairman Mr P.J. Ramos Machado Miss M.J. Morais Pires
SAN MARINO Mr P.G. Guardigli
SPAIN Mr J.M. Lacleta Mr C. Diaz Valcarcel
SWEDEN Mr R. Sjöberg
SWITZERLAND Mr Y. Moret Mr G. Stoudmann
TURKEY Mr T. Firat Mr K. Taskent Mr A. Özçer Miss N. Berberoglu Mrs D. Akçay
UNITED KINGDOM Mr C. McLean Mr J. Jamieson Mr R. Turner 426th meeting - May 1989
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At the opening of the meeting the Chairman extended a warm official welcome to:
- Mr Dietrich Vitzthum von Eckstädt, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Finland;
- the new Permanent Representative of Switzerland, Mr Yves Moret, who had been Ambassador to Portugal before being posted to the Council of Europe, where he had been Deputy Permanent Representative of his country about 15 years earlier, and
- Mr Jean Corantis, Deputy Permanent Representative of Greece.
The Representative of Finland. thanked the Chairman for his kind words and warm welcome addressed to himself personally and to his delegation. He felt that it was not necessary for him now to repeat the policy statement that had been made by the Minister for Foreign Affairs of Finland, Mr Paasio, on 5 May 1989 on the occasion of Finland's accession to the Council of Europe. Suffice it to say that Finland was looking forward to pursuing close and mutually beneficial co-operation within the Committee of Ministers and the other committees of the Organisation.
The Representative of Switzerland in turn thanked the Chairman for his kind words and all his colleagues for the welcome they had extended to him at their respective delegations. In Switzerland's view, the Council of Europe was the natural forum for interstate co-operation to protect democracy and human rights. He would spare no effort to achieve the aims set out in the Organisation's Statute and would provide open, loyal co-operation.
The Chairman then reported on the talks held by the Chairman of the Committee of Ministers, Mr Stoltenberg, with Mr Lech Walesa on 10 May 1989 during his visit to Strasbourg to receive the European Human Rights Prize. During the discussions Mr Walesa had said that the situation in Poland should be followed closely, but that the legislation and organisation of the State had evolved considerably in the direction of freedom. There remained the problem of the economic situation vis-à-vis the political developments.
It was essential for the countries of Western Europe to enter into economic relationships with Poland. What his country needed was not loans or subsidies, but commercial ties, which would make it possible to overcome the present imbalances between East and West: Poland was suffocated by its shortages, whereas the countries of Western Europe seemed to be drowning in their surpluses.
The Chairman of the Committee of Ministers had informed Mr Walesa of the Political Declaration adopted on 5 May 1989 and of the initial steps far co-operation between the Council of Europe, Hungary and Poland.
On the same occasion he had met representatives of the International Helsinki Federation for Human Rights (IHF) (Vienna), which had also been awarded the European Human Rights Prize this year. CONFIDENTIAL
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He then announced that Mrs Hernes, Norwegian Secretary of State for Foreign Affairs, would hold an exchange of views with the Assembly's Political Affairs Committee in Tromsø (Norway) on 29 May 1989.
He announced that the Bureau had given its agreement for the Committee of Ministers Ante-Room to be placed at the disposal of FR 3, France Inter and the Communications and Information Department of the Municipality of Strasbourg on Sunday 18 June for a special evening news programme to announce the results of the elections to the European Parliament. The Chairman of the Committee of Ministers, the Secretary General and the President of the Parliamentary Assembly would be invited.
The Chairman noted that there was no objection to the Ante-Room being made available for that purpose.
He expressed the Deputies' warmest sympathy to the Permanent Representative of Portugal, whose residence had recently been damaged by a fire.
He then made the following statement:
"Allow me, at the opening of my first meeting as Chairman, to pay my compliments to my predecessor, Ambassador Nierman, and the Dutch Chair for the very active way in which they have conducted the business of the Committee of Ministers over the past six months, leading up to the adoption of the Political Declaration and the Resolution on 5 May 1989.
I take this opportunity to present the Chair's ideas for political and administrative action in the coming months. The Declaration and Resolution on the future role of the Council of Europe give us a far-reaching mandate we must now set out to implement at Deputy level in close co-operation with the new Secretary General.
Many things are now set in motion. It is the responsibility of the Chair, together with the other members of the Bureau, the Secretary General and this Committee to bring ideas and proposals to actual results. At the Committee of Ministers session on 5 May, Sir Geoffrey Howe reminded us, with a quotation from Winston Churchill (1943), that the Council of Europe can never cease to strive to expand its scope and include all of Europe. As Sir Geoffrey said, Churchill's words still remain valid today. The post-war division between East and West is gradually becoming more permeable. The Council of Europe can be a valuable instrument in this historic process. Norway intends to make the Council of Europe's contribution to East-West dialogue an area of special emphasis during our Chairmanship. The time has come to take the Council of Europe's relations with those Eastern European countries a step further Whose internal process towards democracy and respect for human rights makes this appropriate. CONFIDENTIAL
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We have already started by the Committee of Ministers' decision to invite Poland and Hungary to accede to the Cultural Convention. This decision must be followed up, and the new co-operation be developed in more detail. We also think we should explore the possibilities for an East-West political dialogue on ministerial level. The European Community has already started such a dialogue.
The next session of the Committee of Ministers on 16 November could be an appropriate occasion to sum up the progress in relations with European non-member countries so far. We should revert to this question at a later time when the direction, scope and pace of our efforts in this field become more clear.
As for the Council of Europe's contribution to the aims of the CSCE process, we believe that an effort should be made to define the content of such a contribution. For this purpose a discussion in June, after the Paris meeting of the CSCE, with the participation of experts, might be a proper beginning.
The visit by President Gorbachev will highlight our efforts to develop a role for the Council of Europe in the East/West dialogue in Europe, as well as, hopefully, providing an impetus to our further deliberations.
The meeting between Gorbachev/Shevardriadse and the Bureau of the Committee of Ministers must, of course, be thoroughly prepared. The Bureau must play a key role in the preparations, but is is important for us that all member governments are involved in this preparation. We therefore believe that the working party on relations with countries of Eastern Europe should start preparations very soon in close contact with the representatives of the three countries in the Bureau and the Secretary General. The next step would be a discussion on the content in the course of the 427th meeting (12-20 June). At this meeting the Norwegian Political Director would intend to take part under the item dealing with the preparation of Mr Gorbachev's visit.
The Council of Europe and the European Community must further improve their co-operation to the mutual benefit of the two organisations and the citizens of Europe.
We believe that the decision to hold regular high-level meetings between the Community and the Council of Europe creates a good basis for developing contacts and co-operation and for reciprocal awareness of programmes, mutual interests and possible joint activities.
In co-operation with the new Secretary General and the Dutch and Portuguese Bureau members, the Chairman, Mr Stoltenberg, has proposed to the Presidency of the European Community and through him to the President of the Commission, that the first quadripartite meeting be held at an early opportunity in connection with the meeting of the "General Affairs" Group of the Council of the European Community meeting in Luxembourg on June 12-13. We believe that more will be known about this very shortly. CONFIDENTIAL
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As soon as there is agreement on the date of the meeting, we will ask the Ministers' Deputies to assist in the preparation of the meeting in accordance with paragraph 5 of the Resolution of 5 May.
Secondly, we would like to see the special liaison between the Council of Europe and the European Community in the field of culture established as soon as possible and ask the Secretary General to prepare the ground for such a decision.
We believe that the new Bureau system will be a valuable instrument also in preparing the political dialogue between the Community and the Council of Europe and for political action in general. We propose to have the first meeting of the Bureau of Foreign Ministers on 5 or 6 July prior to the Gorbachev meeting. On a day-to-day basis we find it particularly important to establish good working relations between the Bureau representatives in Strasbourg and also between the Bureau capitals.
As for the relations with the Assembly, we would like to renew our earlier suggestion that a working party of Ministers' Deputies and Assembly representatives undertake an examination of this matter. The Chairman of the Committee of Ministers for his part is prepared to have a dialogue with the Assembly at regular intervals such as during the forthcoming visit of the Political Affairs Committee in Norway, on the occasion of Mr Gorbachev's visit, during the September session of the Assembly, and in connection with the November session of the Committee of Ministers.
The Declaration and Resolution contain a programme for modernising and making the Organisation more efficient. This, we feel, is an important task which must now be followed up as a priority. It will certainly be a very comprehenisive and time-consuming task. The Chair feels there is a need for a more detailed check-list for the modernisation programme which could outline the specific things that have to be done, who is responsible and when the work should be completed. We could imagine that a meeting every two weeks to discuss the follow-up of the 5 May decision would be useful. This would need to be studied in detail.
The first step to be taken right away will be to start the evaluation of results and prospects for further work in the various programme areas. This, as well as an analysis of the structures of co-operation and organisation, will have to be discussed and carried out in close contact with the Secretary General.
Let me conclude by mentioning a couple of concrete measures which should be taken:
Something must be done about documentation. Information to capitals and decisions in our Committee would be facilitated by fewer, shorter and less detailed documents. CONFIDENTIAL
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Time is over-ripe for shortening meetings of expert committees. Many of them could probably be cut by at least one day instead of having participants sit and wait for the meeting report to be completed. We could save a substantial amount of money in per diem and on interpretation and probably also obtain more high-level representation at many meetings.
The Organisation must be responsible for its own reform, but must also remain open for using outside expertise when necessary."
The Acting Secretary General thanked the Chairman for his interesting statement setting out his programme for the coming six months. He added that he would make every effort, together with the Secretary General, to carry it out.
During the meeting the Representative of Belgium announced that the Belgian Parliament had just passed the Bill ratifying the European Social Charter.
The Secretary to the Committee announced that Mr Ryssdal and Mr Cremona had been re-elected respectively President and Vice-Président of the European Court of Human Rights.
426th meeting - May 1989
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The Representative of Italy said that his authorities wished that item 12 on the agenda (Savoldi against Italy) be postponed to a forthcoming meeting, as they were still considering the proposals of the Commission.
The Representative of Turkey said that as far as item 7 on the agenda (Situation in Cyprus) was concerned, the position of his delegation remained unchanged with regard to both the substance and the form.
Decision
The Deputies adopted the agenda for their 426th meeting (25 and 26 May 1989 - A level), at it appears at Appendix 1 to these Conclusions, subject to the postponement of item 12 (Savoldi against Italy) to their 428th meeting (September 1989, for consideration at A level).
426th meeting - May 1989
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No delegation wished to make a statement under this item.
426th meeting - May 1989
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- 13 - CM/Del/Concl(89)426 Item 3 3. COMMITTEE OF MINISTERS Follow-up to the 84th Session (Strasbourg, 5 May 1939) (CM(89)PV1 prov.)
In opening the discussion on the follow-up to the 84th Session of the Committee of Ministers, the Chairman recalled the programme of the Norwegian Chairmanship as presented by him at the beginning of the present meeting (see Introduction above).
Meeting between the members of the Bureau of the Committee of Ministers and President Gorbachev (6 July 1989)
The Chairman recalled that the Committee of Ministers agreed on 5 May to associate itself with President Gorbachev's visit on 6 July 1989 through its Bureau. In order to involve all the member governments in the preparation of this meeting, the Deputies will hold an exchange of views on this matter under item 2 (political dialogue) of their forthcoming meeting in June. The Political Director of the Norwegian Ministry for Foreign Affairs will participate in this exchange of views. He felt that the Deputies' Working Party on relations with Eastern European countries should also be associated with the preparation of this meeting.
Accession by Hungary and Poland to the European Cultural Convention
The Representative of Austria recalled that the Ministers had taken a very important political decision on 5 May by inviting Hungary and Poland to adhere to the European Cultural Convention. The consequences and follow-up modalities of this decision were not a matter which only concerned the Deputies Working Party on relations with Eastern European countries, but also' the Rapporteur Group on "Culture and Education". He also stressed that the Council for Cultural Co-operation (CDCC) and the various Conferences of Specialised Ministers concerned gained a considerable new political dimension by the Committee of Ministers' decision of 5 May.
He felt that it was now up to the Working Party on relations with Eastern European countries to consider further possibilities of inviting Eastern European countries (including the Soviet Union) to adhere to other Council of Europe Conventions.
The Representative of Portugal said that his delegation was slightly surprised by the decision on 5 May to invite Hungary and Poland to adhere to the European Cultural Convention. His delegation felt that this way of proceeding did not correspond to the usually existing climate of confidence within the Committee. He expressed the hope that this way of acting would be avoided in the future. His delegation, however, showed solidarity with the proposed decision, but expected that others will show the same solidarity on other matters in the future. CONFIDENTIAL
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With regard to the development of relations with Eastern European countries, he expressed the hope that the Deputies' Working Party will continue its valuable preparatory work.
The Chairman thanked the Representative of Portugal for his remarks and said that he would inform his Minister. He recalled that the question of Hungary and Poland's invitation to the European Cultural Convention had been on the Ministers' Deputies agenda for several months. It was, however, regrettable that the Committee of Ministers did not have sufficient time at their disposal at the 84th Session on 5 May in order to avoid rushed discussions on important political matters.
The Representative of Austria said that the decision of 5 May was perhaps a surprise; it was, however, taken on well prepared grounds. The basic idea of opening co-operation with Eastern European countries, particulary in the cultural field, was often considered in the past and preliminary contacts had been taken by former Secretary Generals, such as Mr Smithers at the end of the '60s and Mr Karasek at the end of the '70s. New ground had been prepared in April 1985 by Resolution (85)6 on European cultural identity. Since the agreement in November 1987 by the Committee of Ministers on general guidelines for relations with Eastern European countries, the Ministers' Deputies and the competent Working Party had always strictly followed these guidelines, realising that a certain flexibility was needed in the case-by-case examination of co-operation with these countries.
Apart from this well prepared ground it had to be noted that the speech by the President of the French Republic, Mr Mitterrand, at the solemn sitting of the Assembly on 5 May 1989 was very encouraging as far as the development of the Council of Europe's co-operation with Eastern European countries was concerned. Altogether this obviously created the political momentum to take the decision at the ministerial Session on 5 May.
With regard to the further development of this co-operation, he agreed that one should move ahead carefully by considering each particular case.
The Representative of Ireland said that his authorities accepted the decision taken on 5 May, but there were still various questions left open. First of all there should be, as was done with Yugoslavia, a similar political commitment by Hungary and Poland to the European Cultural Convention and its links with the Council of Europe's aims. There was also the subject of the financial contribution of these countries to the Cultural Fund and the question to what extent, here as well, the example of Yugoslavia should be followed on the basis of the experience of Yugoslavia's contribution during the last two years.
He finally felt that there should be no automatic participation of Hungary and Poland in the competent Conferences of Specialised Ministers before their accession to the Cultural Convention became final. The Deputies should have the opportunity to consider each participation beforehand. CONFIDENTIAL
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The Representative of Belgium noted that the Representative of Austria had used the word "suprise" several times; the Representative of Belgium also felt that the decision of 5 May came as a surprise. It was true that this decision had been taken unanimously but this unanimity was in fact made up of the agreement given expressis verbis by 6 or 7 Ministers who could be considered "insiders" and by the equally eloquent silence of all the other Ministers. He said, however, that the decision now had to be implemented.
The Representative of Italy said that the decision might have been taken rather rapidly on 5 May. He felt, however, that it did not come as a surprise because it was the logical conclusion of preparatory discussions over the last months.
The Representative of Turkey recalled his intervention under item 8 of the agenda of the present meeting (Conferences of Specialised Ministers and in particular the Conference of European Ministers responsible for Sport). His authorities agreed in principle with the steady development of co-operation with Eastern European countries; they felt, however, that careful consideration should be given to each particular case.
The Director of Political Affairs referred to the questions put forward by the Representatives of Ireland.
With regard to the question of a political commitment when acceding to the Cultural Convention he quoted from the letter of 10 May 1989 sent by the Chairman of the Committee of Ministers to the Foreign Ministers of Hungary and Poland respectively:
"... During this ministerial session on the occasion of the 40th anniversary of the Council of Europe, the Committee of Ministers adopted a declaration on the future role of the Council of Europe in European construction. This declaration takes account of the fact that Europe is at present witnessing important developments including those in some Council of Europe non-member countries where policies of openness and reform offer new scope for dialogue and co-operation. You will find enclosed a copy of this declaration.
By the decision to invite your country to accede to the European Cultural Convention, the Committee of Ministers indicated its will to make available to Hungary/Poland the framework for cultural co-operation established by the Council of Europe with a view to promoting, in consideration of the Council's aims, greater understanding of one another and of the individuals and peoples of Europe and pursuing a policy of common action designed to safeguard and encourage the development of Europe's cultural identity". CONFIDENTIAL
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The second paragraph of this letter is the same wording as in the Secretary General's letter to the Minister for Foreign Affairs of Yugoslavia which was agreed by the Ministers' Deputies when they decided in June 1986 (398th meeting, item 6) to invite this country to accede to the European Cultural Convention.
With regard to the annual financial contribution to the Cultural Fund, Yugoslavia was at present paying FF 125,000 (the contribution according to scales would be FF 235,000). The figures according to scales would be for Poland: approximately FF 310,000 for the Cultural Fund and 40,000 for the Sports Fund, and for Hungary: FF 142,000 for the Cultural Fund and FF 18,000 for the Sports Fund. Subject to the views of the Deputies on that matter, the Secretariat proposed starting from these figures when discussing with the Polish and Hungarian authorities respectively the modalities of the accession to the European Cultural Convention.
In a further reply to the Representative of Ireland, the Director of Political Affairs said that Yugoslav participation in CDCC activities was very high since the country's accession to the Cultural Convention. Yugoslavia took it on itself to organise a number of colloquies, conferences and seminars in Yugoslavia. One could not say that this allowed the Cultural Fund to make any savings, but it made it possible to organise activities which otherwise could not have been funded.
The Director of Political Affairs provided delegations with copies of the letters from the Chairman of the Committee of Ministers to the Ministers of Foreign Affairs of Hungary and Poland confirming the invitation of their respective countries to accede to the European Cultural Convention, as well as with the relevant decision and subsequent letter concerning the invitation (June 1986) addressed to Yugoslavia to adhere to the European Cultural Convention.
The Chairman noted that there was agreement that the Secretary General should start with the figures in accordance with the scales when he will consider with the Polish and Hungarian authorities the financial modalities of their countries accession to the European Cultural Convention.
The Representative of the United Kingdom agreed with the proposed procedure. He said, however, that the Secretariat should report back to the Ministers' Deputies if there were hesitations from the side of the Hungarian or Polish authorities. His delegation was prepared to accept for a transitional period the limitation of their contributions to the Cultural Fund in a similar proportion as was done for Yugoslavia,
Co-operation with Hungary and Poland in the fields of culture and education
The Director of Political Affairs referred to the possibility of ad hoc but immediate participation by Hungary and Poland in activities in the field of culture, education and sport. CONFIDENTIAL
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The Ministers' Deputies' Working Party on relations with Eastern European countries has agreed at its meeting on 26 April 1989 on an ad hoc co-operation programme with Hungary which is contained in the Secretariat memorandum Misc (89)73 of 19 May 1989. The same document also contained items put forward by the Polish authorities for co-operation with the Council of Europe. The Deputies might wish, as far as the fields of culture and education were concerned (A.2 to 9 and B.1 to 9 of Misc (89)23), to ask the Secretary General to invite the Polish authorities to embark on co-operation in these fields with the Council of Europe. The Deputies' Working Party on relations with Eastern European countries could then examine at its next meeting the other items (C., D., E., F., G., and H.) of Misc (89)23 proposed for co-operation with Poland.
The Director of Political Affairs, in reply to a question of the Representative of Denmark, further stressed that all the proposals concerning co-operation in the fields of culture and education with Poland, were in conformity with suggestions made by the CDCC to itself.
The Representatives of Sweden, Austria, Belgium, and the United Kingdom agreed with the suggestion made by the Director of Political Affairs.
Exchange of views on the CSCE
The Chairman said that after the Information Forum in London and the first of the three meetings on human rights to be held in Paris (30 May to 23 June 1989), it might be appropriate for the Deputies to hold, with the participation of national experts, an exchange of views on the CSCE during the week beginning 26 June 1989, ie before President Gorbachev's visit.
The Representative of Italy agreed to the proposal to hold such an exchange of views with experts before the visit of President Gorbachev.
The Representative of the United Kingdom, supported by the Representatives of Belgium, France and the Federal Republic of Germany, felt that the month of September 1989 would be more convenient for such an exchange of views. Experts and delegations needed time for reflection after the closure of the Paris meeting and for the preparation of such an exchange of views.
The Representative of Sweden was also in favour of an exchange of views in September and felt that, in order to prepare such a meeting, it might be useful to receive an evaluation of the London and Paris meetings, in particular indicating how the work done on these occasions could be related to Council of Europe activities.
The Director of Political Affairs said that the Steering Committee on the Mass Media will hold an exchange of views on the London Information Forum. The conclusions on this exchange of views could be most valuable for the Deputies' exchange of views, with the participation of experts in September 1989. CONFIDENTIAL
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Relations with the European Community (quadripartite meetings)
The Representative of Switzerland welcomed the setting up of quadripartite meetings in order to establish a regular political dialogue between the Council of Europe and the Community at the highest possible level. This was an important step forward in the development of relations between the two Organisations. His delegation felt that the question of the accession of the Community to Council of Europe Conventions should be an item on the agenda of the first quadripartite meeting. His authorities will submit soon a proposal which could be considered as a standard framework for such accessions by the Community.
The Representative of Sweden said that, with a view to the Community ambitions in the social field, the item "future of the European Social Charter" should also be included on the agenda of the quadripartite meeting.
The Chairman said that both subjects mentioned above were already covered by the subjects which the Chair had in mind for the forthcoming quadripartite meeting, ie "future of European legislation" and "human rights and fundamental social rights".
The Representative of the United Kingdom referred to the request by the Assembly's Political Affairs Committee to associate the Presidents of the Parliamentary Assembly and of the European Parliament with the quadripartite meetings (84th Session of the Committee of Minsiters, CM(89)PV1 prov., paras. 40-44).
The Chairman said that, at the present time, this was not a subject for discussion at the first quadripartite meeting. It was now up to the Assembly to take up this request made by its Political Affairs Committee and to raise it, for example, at the occasion of its contacts with the European Parliament. There was, however, a possibility to raise the matter with the Assembly during the forthcoming Joint Committee in July 1989.
Relations with the Assembly (paragraph 18 of the Political Declaration and Chapter II of Resolution (89)40)
Referring to the relevant paragraph and chapter of the Political Declaration and the Resolution, the Chairman recalled that the Norwegian Delegation had suggested to set up a Working party of Ministers' Deputies and Representatives of the Parliamentary Assembly on relations between the Committee of Ministers and the Assembly.
The Representative of Austria, supported by the Representative of Greece, underlined the importance of establishing closer relations between the two organs and asked to create such a Group as soon as possible. His delegation would like to participate in such a Working Party. CONFIDENTIAL
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The Representative of the United Kingdom was in favour of the setting up of such a Working Party and expressed the wish to participate. One could not expect revolutionary results from such a body. It was, however, essential to show to the Assembly the Committee of Ministers' readiness to co-operate and to hold a dialogue. It would be much easier for this Working Party to have contacts and an open dialogue with Committee Chairmen and Rapporteurs of the Assembly, as it could be done within plenary meetings of the Deputies. The more informal atmosphere of meetings of the Working Party would allow frank discussions on Recommendations and Written Questions submitted by the Assembly to the Committee of Ministers and, if necessary, preliminary comments from the Deputies side on the possible prospects for success at the intergovernmental level of initiatives under consideration within the Assembly and its Committees.
The Representative of Portugal felt that it was important to receive the Assembly's view on this proposal before the Deputies took a final stand on it.
The Deputy Clerk of the Assembly said that the Bureau of the Assembly will meet on 8 June 1989 in Paris and it might therefore be possible to get a first reaction from the Assembly side before the next meeting of the Joint Committee.
The Chairman proposed to send, in time before the Bureau meeting in Paris, a letter to the President of the Assembly concerning the proposal to set up a Working Party of Ministers' Deputies and Representatives of the Assembly on relations between the Committee of Ministers and the Assembly, underlining the wish of the Ministers' Deputies first to ascertain the Assembly's view before discussing the matter further and possibly raising it at the forthcoming meeting of the Joint Committee.
The Representative of Belgium supported the Chairman's suggestion.
Information Policy (paragraph 25 of Resolution (89)40)
In reply to a question by the Representative of Switzerland, the Secretary to the Committee said that the study on the practice of confidentiality of intergovernmental activities, to be prepared by the Directorate of Legal Affairs, could be available for the meeting in September 1989.
The Representative of Luxembourg, in his capacity as Chairman of the Stimulating Committee (B level), felt that his Committee, which had to examine such a study prepared by the Secretariat, as well as to submit other proposals for the ways and means of ensuring wider dissemination of information, should be open to participation of other delegations and rather act as a kind of Deputies' Rapporteur Group on information policy.
The Representative of Denmark supported this proposal. CONFIDENTIAL
CM/Del/Concl(89)426 - 20 - Item 3
Programming of intergovernmental co-operation (Chapter IV of Resolution (89)40)
In reply to a question by the Representative of the Netherlands concerning the criteria for the choice of the three fields proposed by the Secretariat for commencing the evaluation of the intergovernmental activity, the Director of Political Affairs recalled the political momentum of the Committee of Ministers decisions of 5 May as expressed in the Political Declaration and the Resolution on institutional aspects and which concerned in particular the improvement of the effectiveness of the Council of Europe's intergovernmental action. In order to become operational as quickly as possible in the implementation of these parts of the Declaration and the Resolution, the Secretariat proposed the fields of culture and education, as they were particularly mentioned in paragraph 24 of Resolution (89)40. As the field of heritage was closely linked with the field of culture, the Secretariat further suggested to include fields VII and VIII of the intergovernmental programme of activities in the first evaluation to be undertaken by the Deputies.
The Representative of the United Kingdom welcomed the proposals put forward by the Secretariat. He underlined, however, that the proposed evaluation procedure should not hinder the Deputies from examining, during the consideration of the draft intergovernmental programme of activities for 1990, also the other fields with a view to achieving more concentration on priority activities.
The Representative of Sweden recalled that the Steering Committees should be associated with the evaluation exercise.
Structures of intergovernmental co-operation (Chapter V of Resolution (89)40)
In reply to a question of the Representative of Denmark, the Chairman recalled that paragraph 23 of. Resolution (89)40 indicated that the Ministers' Deputies will examine the existing intergovernmental structures immediately after the priority projects in a given field had been adopted.
Decisions
The Deputies agreed
1. to hold, under item 2 (political dialogue) of the agenda for their 427th meeting (June 1989), an exchange of views, with the participation of the Political Directors of the Ministries of Foreign Affairs of the member States represented on the Bureau, on President Gorbachev's visit and on his meeting with the Bureau of the Committee of Ministers on 6 July 1989; CONFIDENTIAL
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2. to ask the Secretary General to contact the Hungarian and Polish authorities in order to consider with them the financial modalities of their countries' accession to the European Cultural Convention;
3. to ask the Secretary General to invite the Polish authorities to embark on co-operation with the Council of Europe on the items in the Fields of culture and education mentioned in Misc(89)23 (A. 2 to 9 and B. 1 to 9);
4. to hold at their 428th meeting (September 1989) an exchange of views on the CSCE, with participation of national experts, and to fix its exact date at their 427th meeting (June 1989, under item 2 of the agenda);
5. having regard to paragraph 13 of Resolution (89)40 on the future role of the Council of Europe in European construction: a. to prepare, at their 427th meeting (June 1989), the meeting of the Joint Committee with representatives of the Assembly, to be held during the Assembly's summer meetings from 3 to 7 July 1989 in Strasbourg;
b. to resume, on this occasion, consideration of the proposal to set up a Working Party of Ministers' Deputies and Representatives of the Assembly on relations between the Committee of Ministers and the Assembly, with a view to the possible discussion of this proposal at the forthcoming meeting of the Joint Committee;
6. to consider, at their 427th meeting (June 1989), the follow-up to be given to Chapter III of Resolution (89)40: "Conferences of Specialised Ministers", on the basis of proposals to be submitted by the Secretariat;
7. with a view to hold an exchange of views on the Council of Europe's information policy at one of their future meetings:
a. to ask the Secretariat to prepare a study on the practice of confidentiality of intergovernmental activities,
b. to ask the Stimulating Committee on Information, on the basis of such a study, to submit proposals (including the ways and means of ensuring wider dissemination of information). In that perspective the Chairman of the Stimulating Committee (B level), in co-operation with the Secretariat, will submit proposals with a view to replacing the Stimulating Committee on Information (B level) by a Deputies' Rapporteur Group on Information policy; CONFIDENTIAL
CM/Del/Concl(89)426 - 22 - Item 3
8. with regard to the programming of intergovernmental co-operation: a. to commence evaluation of intergovernmental activities by considering the following fields:
- education, culture and sport (IV), - heritage and environment (VII), - local and regional government (VIII),
with a view to the preparation of the Intergovernmental Programme of Activities for 1990; b. to ask the Secretary General to submit to them a document containing an inventory and critical assessment of current activities in these fields, as well as proposals for the 1990 programme; c. to ask their relevant Rapporteur Groups to examine that document in detail in the presence of the Chairman or Chairmen of the relevant Steering Committees, before the Deputies discuss the matter in plenary session.
9. to discuss questions relating to the structures of each of these Fields of intergovernmental co-operation once the priority projects of intergovernmental activities have been decided (as set out in decision 8 above);
10. to examine as soon as possible the other fields of intergovernmental activities. 426th meeting - May 1989
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- 23 - CM/Del/Concl(89)426 Item 4a
4. CONSULTATIVE ASSEMBLY 1st part of the 41st Ordinary Session (Strasbourg, 8-12 May 1989) a. Texts Adopted by the Assembly
Recommendation 1105 (1989) on the 25th Report of the Activities of the Office of the United Nations High Commissioner for Refugees (UNHCR) (1987)
Recommendation 1106 (1989) on the reception and settlement in the Federal Republic of Germany of Refugees and Resettlers of German origin coming from countries in Central and Eastern Europe
Decision
The Deputies agreed to examine these Recommendations at B level at their 427th Meeting (June 1989).
Recommendation 1107 (1989) on the future role of the European Social Charter
Decisions
The Deputies
1. agreed to bear in mind Recommendation 1107 when they consider, under item 3 of the present meeting ("Committee of Ministers - Follow-up to the 84th Session"), the modalities for the preparation of the first quadripartite meeting between the Council of Europe and the European Community;
2. agreed to revert to the examination of this Recommendation at A level at their 428th Meeting (September 1989).
Recommendation 1108 (1989) on 20 years of regional planning in Europe
Decisions
The Deputies
1. agreed to bear in mind Recommendation 1108 when they proceed to the evaluation of Fields VII and VIII within the framework of the assessment of intergovernmental activities to be undertaken in 1990; CONFIDENTIAL
CM/Del/Concl(89)426 - 24 - Item 4a
2. agreed to revert to examination of Recommendation of 1108 at one of their forthcoming meetings with a view to adopting a reply to the Assembly.
Resolution 915 (1989) on the future role of European Social Charter
Resolution 916 (1989) on redundant religious buildings
Resolution 917 (1989) on a special guest status with the Parliamentary Assembly
Resolution 918 (1989) on the situation in Lebanon
Resolution 919 (1989) on the destruction of tropical forests - causes and remedies
Decision
The Deputies took note of these Resolutions.
Opinion No 145 (1989) on the first stage of the 10th Supervision Cycle of the application of the European Social Charter
Decision
The Deputies agreed to consider Opinion No 145 at B level at their 428th meeting (September 1989), together with the Conclusions of the Committee of Independent experts on supervision of the application of the Charter 1984-85 (Tenth Supervision and the Tenth Report of the Governmental Committee of the European Social Charter).
Order No 445 (1989) on refugees from countries of Central and Eastern Europe
Order No 446 (1989) on the situation of the civilian population in Lebanon
Decision
The Deputies took note of these Orders. 426th meeting - May 1989
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- 25 - CM/Del/Concl(89)426 Item 4b b. Evaluation of the Session
40th Anniversary of the Council of Europe (5 May 1989) and First Part of the 41st Ordinary Session
The Clerk of the Assembly, referring to the celebration of the 40th anniversary of the Council of Europe on 5 May 1989, said that the Assembly had been impressed with the statement by the President of France, Mr Mitterrand, and his strong commitment to the Council of Europe's role in European construction. In the same way, it had appreciated the statement by Mr Van den Broek, the then Chairman of the Committee of Ministers and the Statutory Report presented by Mr Stoltenberg, Minister for Foreign Affairs of Norway and new Chairman of the Committee of Ministers, as well as the replies he had given to the parliamentary questions.
The Assembly was generally satisfied with the Political Declaration and Resolution (89)40 adopted by the Committee of Ministers on 5 May 1989, and there was wide agreement on the priorities laid down in the two documents. The Clerk recalled that, on the question of the quadripartite meeting between the Chairman of the Committee of Ministers and the Secretary General, on the one hand, and the Chairman of the Council of the European Communities and the President of the European Commission, on the other, the Assembly's Political Affairs Committee, in a letter addressed to the Chairman of the Committee of Ministers, had expressed the wish that the Assembly and the European Parliament be associated with these meetings. The President had taken note of the indications given in the reply by the Chairman of the Committee of Ministers and the matter would no doubt be considered further in the autumn with the new President of the European Parliament.
The Clerk recalled that the Presidents of the Hungarian and Polish Parliaments had attended the 40th anniversary celebrations, upon the personal invitation of the outgoing President of the Assembly who had recently paid official visits to the countries concerned.
Special Guest Status - Hungary, Poland, USSR, Yugoslavia
The Clerk of the Assembly referred to Assembly Resolution 917 on a special guest status with the Assembly and recalled that, in conformity with Article 4 of this Resolution, delegations of the national legislative assemblies of Central and Eastern European States would be invited to take part in the sessions of the Assembly subject to certain conditions. Invitations would be extended by the President of the Parliamentary Assembly, on the proposal of the Committee on relations with European non-member countries, with the opinion of the Political Affairs Committee and with the agreement of the enlarged Bureau to include the Chairmen of the political groups. CONFIDENTIAL
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At its last meeting held in Berne on 18 May 1989, the Committee on relations with European non-member countries had unanimously recommended that Hungary, Poland and the USSR be invited to benefit from this new status. The proposal to invite Yugoslavia was approved by a majority of the committee who considered that Yugoslavia could not be excluded because of the long-standing relations between the Council of Europe and that country. It was proposed to organise a Round Table in autumn this year in Strasbourg with the participation of representatives of the six Republics and the two autonomous regions in Yugoslavia. To this end soundings were under way with the Yugoslav authorities.
The Clerk of the Assembly said that, at its meeting to be held in Tromsø on 28 May 1989, the Political Affairs Committee would consider the question of guest status. The Bureau would then be seized on 8 June 1989 in Paris.
In reply to the Representative of Austria, the Clerk of the Assembly said that the proposal to organise a Round Table on Yugoslavia was independent of the recommendation to grant special guest status to the Yugoslav Federal Assembly.
In reply to the Representative of Denmark, he said that the organisation of the Round Table meeting with Yugoslavia was considered to be within the competence of the Committee on relations with European non-member countries.
The Representative of the Netherlands recalled that general elections had not yet been held in Poland and Hungary and wondered why the Committee on relations with Europen non-member States had made such a proposal at this stage.
In reply, the Clerk of the Assembly referred to paragraph 4 (i) of Resolution 917 and recalled that "the Parliamentary Assembly may grant special guest status to national legislative assemblies of European non-member countries having shown their interest and which apply and implement the Helsinki Final Act and the instruments adopted at the CSCE Conferences, together with the 1966 United Nations Covenants on civil and political rights and on economic, social and cultural rights". The Committee had no doubt felt that these conditions had been fulfilled by the countries concerned. It was true that Resolution 917 further provided that "these Assemblies will be invited to send delegations of their members, reflecting various currents of opinion within their Assembly, to participate in the plenary sessions of the Parliamentary Assembly ..." This wording was not very strict. Obviously, for the time being, the composition of the legislative assemblies concerned could not be considered pluralistic in the Council of Europe sense of the term.
However, the Committee expected further developments towards political pluralism and democracy in the coming months. The Clerk also recalled that under Resolution 917 the Assembly "shall, at the opening of each session, decide on the renewal of the credentials of delegations of Assemblies enjoying special guest status, in the same way as for all delegations represented in the Parliamentary Assembly". This was an important safeguard. CONFIDENTIAL
- 27 - CM/Del/Concl(89)426 Item 4b
In reply to the Representative of Austria, the Clerk recalled that the Political Affairs Committee had recommended the use of the expression "special guest status", instead of "permanent guest status", precisely because the examination of credentials at the opening of each session of the Asssembly would make it possible to terminate or interrupt a guest status.
The Representative of Spain noted that there was no indication in Resolution 917 as to whether delegations with special guest status would enjoy a status similar to that of the observers in the Assembly.
The Clerk of the Assembly said the Assembly Committee on Rules of Procedure was at present considering a new article to be introduced in the Rules of Procedure. It was indeed expected that it would give "special guests" rights similar to those of observers in accordance with Article 55 of the Rules of Procedure.
The Representative of the United Kingdom wondered if the introduction of the special guest status with the Assembly would require additional budgetary appropriations in future.
The Clerk of the Assembly replied that the delegations that would be granted special guest status with the Assembly would bear their own expenses.
Invitation from the Supreme Soviet
The Clerk of the Assembly recalled that the Supreme Soviet had extended an invitation to the Assembly some time ago. It was expected that, following the elections for the Supreme Soviet, a delegation of the Assembly would pay a visit to the USSR either towards the end of June or in the autumn.
Bulgaria
The Clerk of the Assembly informed the Deputies that a delegation of the Committee on relations with European non-member countries composed of the rapporteur and the two vice-chairmen would be undertaking an information visit to Bulgaria from 13-19 July 1989 in order to study the situation of ethnic and religious minorities in that country.
The Representative of Turkey, referring to the Assembly's work on the situation of the Turkish and Moslem minority in Bulgaria, recalled that the report of the Assembly committee concerned had been withdrawn from the agenda of the last: session of the Assembly held on 8-12 May 1989, following the Bulgarian authorities' agreement to the information visit mentioned by the Clerk.
The Representative of Turkey further recalled that a Turkish member of the Assembly had also wanted to go to Bulgaria together with the Assembly delegation but that the Committee on relations with European non-member countries thought that it would not be appropriate to include him in the delegation. It was well known to all that the Turkish minority in Bulgaria had been suffering for the last five years from the oppressive and inhuman measures. The Turkish Government had initiated the CSCE process on this question. Only over the last weekend extremely serious incidents had taken place in CONFIDENTIAL
CM/Del/Concl(89)426 - 28 - Item 4b
Bulgaria when the Bulgarian police had opened fire and shot dead, according to first reports, 25 Turks and wounded approximately 200 of them in the region of Kircaali and Sumnu.
The Representative of Turkey expressed the hope that the Assembly delegation that would visit Bulgaria would bear in mind these regretful facts.
The Clerk of the Assembly said that the matters raised and the information given by the Representative of Turkey would be transmitted to the Assembly delegation visiting Bulgaria on 13-19 July 1989.
Romania
The Clerk of the Assembly said that a hearing would be held on 4 July 1989 in Strasbourg on the situation of ethnic minorities in Romania. The hearing would be attended by official representatives from Romania as well as Romanian dissidents.
Mr Gorbachev's visit
The Clerk of the Assembly referred to the Soviet President's visit to the Council of Europe on 6 July 1989 and informed the Deputies that contacts were under way with the Soviet Embassy in Paris in order to settle practical arrangements. The Soviet Ambassador has invited the President of the Assembly, the Chairman of the Ministers' Deputies and the Secretary General to a working dinner in Paris on 7 June 1989.
Meeting of the Joint Committee
The Clerk of the Assembly informed the Deputies that the Assembly intended to propose a meeting of the Joint Committee on 5 July 1989 at 5.30 pm. Concerning the agenda, he could give no firm indications at this stage but he thought that the Council's relations with Central and Eastern Europe and budgetary issues might be suggested. As for the Assembly's recommendation to amend Article 33 of the Statute, this could be handled either in the Joint Committee or through a hearing of the Chairman of the Assembly's Political Affairs Committee and its Rapporteur.
The Representative of the United Kingdom, referring to the proposed meeting of the Joint Committee on 5 July 1989, wondered if the members of the Bureau of the Committee of Ministers (who would be present in Strasbourg for the meeting with Mr Gorbachev) would also attend the meeting of the Joint Committee.
Furthermore, he suggested that the agenda of the meeting of the Joint Committee be limited to matters on which the Assembly and the Committee of Ministers could have a real dialogue. He considered that discussion on specific aspects of East-West relations and Article 33 of the Statute could constitute the only items of the draft agenda of the Joint Committee meeting.
The Representative of Denmark expressed his agreement with the Representative of the United Kingdom about the agenda of the meeting of the Joint Committee. CONFIDENTIAL
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The Chairman thought that practical arrangements could be made in such a way as to enable the Bureau of the Committee of Ministers to attend the meeting of the Joint Committee.
The Representative of Portugal wondered if the proposed meeting of the Joint Committee would not coincide with the meeting of the Bureau of the Committee of Ministers.
The Chairman said that matters relating to the organisation of the meeting of the Joint Committee and the Bureau of the Committee of Ministers were still being considered and nothing had yet been definitively fixed.
Middle-East
Finally, the Clerk of the Assembly referred to the "enlarged meeting of the Political Affairs Committee" on the Middle East to be held in Strasbourg on 22-23 June 1989. It was not clearly known yet who would definitely participate in this meeting. So far, the Palestine National Council and the Egyptian national assembly had announced their delegations. The Israeli Parliament and the Syrian assembly had declined the invitation. The Supreme Soviet had announced its intention to participate, but no names had yet been communicated. There was no reply yet from the United States and none was expected from the Peoples' Republic of China.
On a technical matter, the Clerk said that under the 1989 budget the Assembly was allowed, within existing appropriations, to spend up to 30,000 FF for interpretation to and from non-official and non-working languages of the Council of Europe. As Arabic and Russian were required for the enlarged meeting of the Political Affairs Committee, it was expected that this would be insufficient. Accordingly, he asked the Deputies' authorisation to exceed the aforementioned limit within the existing budgetary appropriations.
The Chairman noted that the Deputies would agree to the request made by the Clerk of the Assembly.
Furthermore, he asked the Clerk of the Assembly to keep the Committee of Ministers fully informed of all developments concerning Mr Gorbachev's visit, its programme and other matters concerning organisational aspects.
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- 31 - CM/Del/Concl(89)426 Item 4c c. Parliamentary questions for oral answer by the President of the Committee of Ministers
The Chairman noted that no delegation wished to make a statement under this item.
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- 33 - CM/Del/Concl(89)426 Item 5 5. FUTURE ROLE OF THE COUNCIL OF EUROPE IN THE PROCESS OF EUROPEAN CONSTRUCTION Assembly Recommendation 1103 (Concl(89)425/13)
The Representative of Sweden said that his authorities still wished to study the draft reply and proposed that the examination of this question be postponed until the 427th meeting (June 1989).
The Representative of the United Kingdom considered that the draft reply contained in the Appendix to Notes on the Agenda No. 7328 was too long. It should be cut down to a single page and drafted in clearer and more direct language.
The Representative of the Netherlands felt that the Assembly's reply should put more emphasis on the fact that the principal aim of the Committee of Ministers in adopting the Declaration and Resolution on the future role of the Council of Europe was to make the most of the Organisation's vocation and of the effectiveness of its action by creating greater structural flexibility and by selecting priorities from amongst the intergovernmental activities.
The Secretary to the Committee said that the Secretariat would have no difficulty in preparing a considerably more concise draft reply. Regarding the draft reply presently under consideration, the Secretariat's only concern in the preparation of this draft had been to submit for the Deputies' examination replies or commentaries on all the recommendations contained in paragraph 35 (paras, (i) to (xii)) of Assembly Recommendation 1103.
The Chairman suggested that consideration of this item be resumed at the 427th meeting (June 1989), based on the draft reply as it appeared in the Appendix to Notes on the Agenda No. 7328 of the present meeting and on a more concise draft reply as suggested during these discussions.
Decision
The Deputies agreed to resume consideration of this item at their 427th meeting (June 1989).
426th meeting - May 1989
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- 35 - CM/Del/Concl(89)426 Item 6 6. COUNCIL OF EUROPE OBSERVER STATUS WITH THE UNITED NATIONS (Concl(89)425/9, CM(89)51)
The Representative of Luxembourg said that the initiative for this proposal had come from the Secretary of State for Foreign Affairs of Luxembourg who, at the 83rd Session of the Committee of Ministers in November 1988, had suggested that, to celebrate its 40th anniversary in 1989 in a fitting manner, the Council of Europe should apply for observer status with the United Nations. He drew the Deputies' attention to paragraphs II and III of document CM(89)51 prepared by the Secretariat, which described the advantages of observer status and concluded that the obtaining of that status had no financial implications. He invited the Ministers' Deputies to agree to this proposal so that a request could be submitted in time for the next session of the United Nations General Assembly.
After noting that his country, a United Nations non-member, had a permanent office with the Organisation, the Representative of Switzerland said that, without involving any completely new elements, since the Council of Europe already sent representatives to New York, the granting of permanent observer status would make for closer and more regular contacts during the sessions of the General Assembly. Furthermore, the United Nations was an exceptional setting for publicising the work of the Council of Europe, particularly in the human rights field. This status would also make it possible to establish contacts with the American authorities and other international organisations, such as the Organisation of American States. He added that it was not proposed to open a permanent office in New York. With regard to the right to speak at plenary sittings, he stressed that the aim was not for the Secretariat's representative to make statements of a political nature. If this were to be the case, the Deputies would be consulted beforehand or would send their own representative.
In conclusion, he.saw no well-founded objection to the request for observer status for the Council of Europe and supported the proposal.
The Representatives of Spain, Portugal, the Federal Republic of Germany, the Netherlands, Austria and Greece were also in favour of the request for observer status.
The Representative of the United Kingdom, followed by thé Représentatives of Belgium and Norway, observed that a majority was emerging in favour of such a request and that the advantages of observer status as described in the Secretariat's document seemed impressive. However, he warned the Committee about the long-term financial implications of such a proposal.
The Representative of Ireland thought that the existing arrangements between the Council of Europe and the United Nations were quite satisfactory. The granting of permanent observer status necessarily entailed numerous obligations and he was afraid that the Council of Europe might be unable to fulfil them properly over the years. However, he was not against a positive decision on this question if a majority emerged to that effect. CONFIDENTIAL
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The Representative of France said that observer status would mean recognition of the position achieved by the Council of Europe on the international scene. He added that this status would be more limited than that currently enjoyed by the Commission of the European Communities and, consequently, should not entail additional expenditure for the Organisation. In conclusion, he was in favour of the request.
The Representative of Finland was in favour of observer status insofar as it did not interfere with the right of each member State to make known its own positions.
The Representative of Sweden shared the misgivings expressed by the Representative of Ireland. His delegation had the same reservations on this question as in the past. Owing to Sweden's policy of neutrality, his authorities did not wish to be involved in political concertations and could not accept that a representative of the Secretariat should be able to speak on behalf of the member States. He was not convinced of the advantages of observer status in relation to the current practice and thought that the new situation would necessarily entail additional expenditure in future. For these reasons, he wanted further time for thought and postponement of the decision until the Deputies' next meeting so that a real consensus could be achieved within the Committee.
The Representative of Belgium was, like others, surprised that the Council of Europe did not yet hold observer status with the United Nations, noting that, as far back as 1983, the Conclusions of the 361st meeting of the Ministers' Deputies mentioned that a large number of delegations had expressed a favourable opinion on this question.
The Representative of Turkey said that the fact that his delegation had not yet expressed an opinion should be not interpreted as meaning that his country was opposed to observer status.
The Representative of Denmark added that there was currently a majority in favour of observer status and that action should be taken accordingly.
After the Deputies' statements, the Director of Political Affairs said that the question of observer status with the United Nations had been under discussion in the Council of Europe for over 20 years and, despite repeated assurances from the Secretariat, still prompted the same objections from certain delegations. He pointed out that observer status in no way implied that the Secretariat's representative would speak on behalf of governments or not even on behalf of the Organisation, unless he were specifically instructed to do so by a decision of the Committee of Ministers. He confirmed that the obtaining of observer status would not entail any additional expenditure for the Organisation as it was not proposed that the Council of Europe should establish a permanent office with the United Nations nor that it should be represented at all the meetings of the United Nations. The main reason for the request was not so much to CONFIDENTIAL
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have better access to certain meetings or to United Nations documents as to give the Council of Europe an official status commensurate with its political importance on the international scene. It would also be an opportunity for the Organisation to make known its work whenever appropriate. He furthermore thought that the fact that this request will be held up further would in itself represent a political gesture whose motives would remain obscure. He therefore hoped for a positive decision on the part of the Committee.
With regard to procedure, it was pointed out that the request was to be drawn up in the form of a letter from one or more Permanent Representatives to the United Nations, addressed to the Secretary- General of the UN. Several delegations thought that the submission of such a request by the country which had initiated the project, Luxembourg, and the three member countries of the Bureau (in view of the role conferred on it by the Political Declaration of 5 May 1989) would be an appropriate arrangement.
In reply to questions from several Deputies concerning the consequences of a postponement of the decision until the next meeting, the Director of Political Affairs said that the request had to be submitted 60 days before the opening of the Session of the General Assembly and that a decision could therefore be adopted in June, thus making it possible for the question to be dealt with at the September Session of the General Assembly. He added that the Committee might also consider what documents should possibly be enclosed with the request. In particular, consideration might be given to the possibility of sending the Political Declaration adopted by the Committee of Ministers on 5 May on the occasion of the Council of Europe's 40th Anniversary.
The Chairman noted that, except for one delegation which wanted more time for thought until the next meeting, all the delegations could express a favourable opinion on the request for observer status for the Council of Europe with the United Nations. He therefore proposed that they take the formal decision at the Deputies' 427th meeting (June 1989) and finalise the details concerning submission of the request on the same occasion.
Decision
The Deputies agreed to resume consideration of this matter at their 427th meeting (June 1989).
426th meeting - May 1989
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- 39 - CM/Del/Concl(89)426 Item 7 7. SITUATION IN CYPRUS (Concl(89)425/5)
No delegation wished to make a statement under this item.
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- 41 - CM/Del/Concl(89)426 Item 8 8. CONFERENCES OF SPECIALISED MINISTERS State of preparation (Concl(89)425/4, SG/D/Inf(89)4)
The Chairman recalled that, at his request, the Secretary to the Committee had written to the Deputies on 18 May informing them that the Minister of Sport for Iceland, host to the 6th Conference of European Ministers for Sport, which was scheduled to take place in Reykjavik from 30 May to 1 June, had communicated that he would be happy to be able to invite his colleagues from Hungary and Poland to participate as observers at the Conference.
Taking into account the proximity of the date of the Ministerial Conference, the Secretary to the Committee had proposed to the Deputies, in name, that one should inform the Minister of Iceland on the general agreement within the Committee of Ministers concerning such an invitation unless a delegation requested, before 22 May 1989, that this matter be examined at the present meeting.
No delegation had asked that the question be examined and therefore the Minister of Sport had invited his Hungarian and Polish colleagues.
The Representative of Denmark hoped that delegations would, after the Conference, be given an appraisal of the participation of the non-member States concerned. It would be particularly good to know whether any useful links had been established on that occasion and whether the said countries had made interesting contributions to the Conference.
The Representative of the Federal Republic of Germany said that the action taken did not raise any problems for his authorities; he did, however, feel that the Committee of Ministers ought to have an opportunity to hold discussions about invitations like this one. He would like to obtain information about Hungary's and Poland's reactions to their invitation from the Committee of Ministers to accede to the European Cultural Convention.
The Director of Political Affairs said that the question had been put to the Ministers' Deputies back in April, in documents submitted by the Secretariat to the meeting on 26 April of the Deputies' Working Group on relations with Eastern European countries. The Secretariat's contacts from Hungary and Poland had raised the subject again after Hungary and Poland were invited, on 5 May, to accede to the European Cultural Convention. It would therefore be difficult to refer to a surprise, in respect of either the invitation to the Reykjavik Conference or accession to the Cultural Convention. For it was back in May 1988 that the Committee of Ministers had been advised of Hungary's wish (and of Poland's slightly later) to be invited to accede to the Convention. The Deputies had discussed this twice, with the help of a Secretariat memorandum. And it was ultimately with great satisfaction that the decision of 5 May had been greeted in Budapest and Warsaw. CONFIDENTIAL
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The Representative of Turkey pointed out that relations with Eastern European countries were the subject of work being done by the responsible Deputies' Working Group; the Group had already made recommendations to the Committee of Ministers, which had not had enough time to examine them.
The Committee of Ministers then agreed to invite Hungary to take part in the informal meeting of European Ministers of Justice in The Hague. On 5 May 1989, at the 84th Session of the Committee of Ministers, the Minister for Foreign Affairs of Turkey had signalled his agreement on the method of, and criteria for, developing the Council of Europe's relations with Eastern European countries. Consequently, there was no objection in principle from his authorities, but they were surprised at the speed with which the Committee of Ministers had taken these decisions, without prior consultation of all member States. He noted that, where the invitation to Hungary and Poland to participate in the Reykjavik Conference was concerned, action had again been taken very rapidly and without prior consultation or discussion. He therefore drew attention to the need to hold prior discussions on these questions, both in the Deputies' Working Group on relations with Eastern European countries and in the meetings of the Ministers' Deputies.
The Representative of Austria said that the invitation to accede to the European Cultural Convention gave the countries concerned the opportunity to take part in all ministerial conferences connected with this sphere, which meant the Conferences of Ministers of Research, Education, Cultural Affairs, Sport and Youth. It was true that current developments were rapid, but they accorded perfectly with the decisions taken on 5 May and ought not to be the subject of political controversy.
The Representative of Portugal said that he did not share the view of those who felt that participation in every sphere covered by the European Cultural Convention would be automatic. He believed that too much was being done too rapidly and that the Ministers' Deputies ought to be advised in good time of any proposed invitations of this kind.
The Representative of Ireland had no objection in principle to the decision to invite Hungary and Poland to take part in the Reykjavik Conference, but had a reservation about the procedure adopted. Indeed the Deputies should be able to discuss such invitations and the Chairman's idea of holding meetings twice a month should be turned to advantage; these meetings ought to be an opportunity for formal consultations about invitations of this kind.
The Chairman agreed that it certainly was regrettable that the matter of the invitation to Hungary and Poland to attend the Reykjavik Conference had been dealt with at such a late date; however, he pointed out that this had been due to a combination of circumstances, namely, in this instance, the rather urgent proposal by the Minister of Sport of Iceland and the closeness in time of the Conference itself. He said that the Committee would bear in mind the views put forward at the present meeting by a number of delegations. 426th meeting - May 1989
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- 43 - CM/Del/Concl(89)426 Item 9 9. UNDERWATER CULTURAL HERITAGE Written Question No. 303 by Mr van der Werff (Concl(88)417/8, (89)423/35a, CM(88)59, 214 and CM(89)65)
The Representative of Turkey stated that the views of his delegation on the draft European Convention on the Protection of the Underwater Cultural Heritage were well known. In short, Turkey could agree to the draft Convention except for Article 2 which concerned the Convention's area of application. Article 2 in its current form was unacceptable to Turkey. However, Turkey was ready to renegotiate to seek a compromise thereon. To this end, his delegation had made certain proposals, such as the setting-up of a small working group with the mandate of finding a solution to Article 2.
In paragraph 6a of his Written Question, Mr van der Werff asks what steps were envisaged to resolve the present deadlock over releasing the text of the Convention for signature. For Turkey the issue was not only Article 2 and underwater cultural heritage but also cultural heritage on land, the heritage of all mankind. In this connection he reiterated that none of the member countries had ratified the European Convention on Offences relating to Cultural Property (Delphi Convention, 1985, ETS No. 119) and urged member States to ratify this Convention.
With respect to paragraph 6b of the Written Question, the European Committee on Legal Co-operation (CDCJ) had suggested in its opinion (see CM(88)214, para. 93) the conclusion of regional agreements "on the basis of the substantive provisions of the existing draft Convention". In practice, this proposal amounted to the same as Mr van der Werff had suggested and was unacceptable to Turkey so long as the substance of Article 2 was retained.
With respect to the opinion given by the Steering Committee for Integrated Conservation of the Historic Heritage (CDPH) (see CM(89)65, Appendix VI), the Representative of Turkey could see little correlation between the terms of reference given to the CDPH and its opinion. He entirely agreed that the suggested group of specialists "should have a strictly technical mandate and not involve itself in political and legal issues".
The Representative of Greece said the views of his delegation on the matter were well known and had been set out before. Those views were shared by most other delegations. He was ready to consider any proposal with a view to finding a solution to this matter.
The Representative of the Federal Republic of Germany pointed out that any regional agreement which did not include Greece and Turkey would make no sense.
Summing up the discussions, the Chairman noted that there was agreement for the Secretariat to prepare a draft reply to Written Question No. 303 which would take account of the opinions of the CDCJ and the CDPH and the discussions at the present meeting, so that this draft reply could be submitted in good time to the Deputies for consideration at their 428th meeting (September 1989).
Decision
The Deputies agreed to resume consideration of this item at their 428th meeting (September 1989) with a view to the adoption of a reply to Written Question No. 303 by Mr van der Werff.
426th meeting - May 1989
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- 45 - CM/Del/Concl(89)426 Item 10 10. USKELA AGAINST SWEDEN Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(89)424/20, CM(89)16)
Decisions
The Deputies
1. adopted Resolution DH (89) 14 concerning Application No. 10537/83 - Uskela against Sweden - as it appears at Appendix 3 to these Conclusions;
2. authorised publication of the Commission's Report.
426th meeting - May 1989
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- 47 - CM/Del/Concl(89)426 Item 11 11. INGRID JORDEBO FOUNDATION OF CHRISTIAN SCHOOLS AGAINST SWEDEN Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(89)424/21, CM(89)17)
Decisions
The Deputies
1. adopted Resolution DH (89) 15 concerning Application No. 11533/85 - Ingrid Jordebo Foundation of Christian Schools against Sweden - as it appears at Appendix 4 to these Conclusions;
2. authorised publication of the Commission's Report.
426th meeting - May 1989
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- 49 - CM/Del/Concl(89)426 Item 12 12. SAVOLDI AGAINST ITALY Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(87)413/20, CM(89)81)
Decision
The Deputies agreed to resume consideration of this item at A level at their 428th meeting (September 1989) (see above, under item 1 of the agenda for the present meeting).
426th meeting - May 1989
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- 51 - CM/Del/Concl(89)426 Item 13 13. JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE POISS CASE Application of Article 54 of the European Convention on Human Rights (Concl(88)422/13)
The Representative of Austria made the following statement:
"The general measures to be taken in this case require amendments to the Federal Agricultural Authorities Act and the Federal Agricultural Land Planning Act, and the revision of the respective provincial legislations. In this context, extensive consultation procedures have been undertaken and are coming to an end. In June 1989 the presumably last meeting of the relevant commission will discuss procedural questions concerning the speeding up of decisions in agriculture matters. A first draft of the amended Federal Agricultural Authorities Act has been elaborated and is presently under consideration at political level."
Decision
The Deputies agreed to resume consideration of this item at A level at one of their forthcoming meetings not later than six months hence.
426th meeting - May 1989
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- 53 - CM/Del/Concl(89)426 Item 14 14. JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE ERKNER AND HOFAUER CASE Application of Article 54 of the European Convention on Human Rights (Concl(89)422/14)
The Representative of Austria indicated that the terms of her declaration appearing under item 13 of the agenda of the present meeting (the Poiss case) applied mutatis mutandis to the present item.
Decision
The Deputies agreed to resume consideration of this item at A level at one of their forthcoming meetings not later than six months hence.
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- 55 - CM/Del/Concl(89)426 Item 15 15. JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE INZE CASE Application of Article 54 of the European Convention on Human Rights (Concl(88)422/15)
The Representative of Austria made the following statement:
"The question remaining open is that of general measures to be taken. The Inze case essentially concerns rural succession law. Parliamentary examination of the Carinthian Hereditary Farms Act continues together with the Tyrolean Farms Act and the Federal Principal Heirs Act. It is planned that these draft Bills will be adopted next autumn together with other draft Bills concerning other aspects of the law of succession such as the succession of illegitimate children and that of spouses".
Decision
The Deputies agreed to resume consideration of this item at A level at one of their forthcoming meetings not later than six months hence.
426th meeting - May 1989
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- 57 - CM/Del/Concl(89)426 Item 16 16. JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE BELILOS CASE Application of Article 54 of the European Court of Human Rights (Concl(88)422/16)
The Representative of Switzerland said, in respect of the general measures to be taken, that the Grand Council of the Canton of Vaud had, on 1 March 1989, adopted an Act amending the one of 19 November 1969 on municipal decisions.
The new Act, which was a direct consequence of the Belilos judgment delivered by the European Court of Human Rights on 29 April 1988, instituted a procedure for appeals to the police court (or to the president of the juvenile court in the case of minors aged under 18) against any decision announced by a municipality. The new Act provided for various procedural guarantees, specifying in particular, in Section 53, that the president of the police court "shall freely review the case as to the facts and the law."
He added that the Act had been promulgated by an order of the Council of State of the Canton of Vaud on 26 April 1989 and published on 2 May 1989. It was therefore on the latter date that the legislative amendment had come into force.
This information had already been drawn to the attention of the Presidents of the European Court and the European Commission of Human Rights and of the Director of Human Rights in letters dated 14 March and 8 May 1989.
Lastly, he suggested that, in the light of this information and of that given by his delegation at the 422nd meeting (November/December 1988, item 16), the Secretariat prepare a draft Resolution for adoption at the Deputies' September 1989 meeting.
In reply to a question from the Representative of the United Kingdom, reiterating the proposal put forward under this agenda item at the 422nd meeting by the Representative for Switzerland, with his support, the Director of Human Rights said that, if the Committee so wished, the Secretariat would prepare a document on the consequences, for all States making reservations, of the Court's judgment in the Belilos case.
Decision
The Deputies agreed to resume consideration of this item at A level at their 428th meeting (September 1989) on the basis of a draft Resolution to be prepared by the Secretariat.
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- 59 - CM/Del/Concl(89)426 Item 17 17. JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE BOCK CA$E Application of Article 54 of the European Convention on Human Rights
The Representative of the Federal Republic of Germany said that the relevant authorities of the Land of North-Rhine Westphalia had paid the applicant the sum of 22,000 DM provided for in the Court's judgment of 29 March 1989. His delegation would send the Secretariat written confirmation of the payment.
His authorities did not think that the present case called for the taking of general measures. Indeed, in this case, errors attributable to the courts concerned had prolonged the length of the proceedings.
The Director of Human Rights confirmed that the case did not reveal any structural problem.
Decision
The Deputies agreed to resume consideration of this item at A level at their 428th meeting (September 1989) on the basis of a draft Resolution to be prepared by the Secretariat.
426th meeting - May 1989
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- 61 - CM/Del/Concl(89)426 Item 18 18. JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE LAMY CASE Application of Article 54 of the European Convention on Human Rights
The Representative of Belgium said that his authorities had begun the procedure with a view to payment to the applicant of the sum provided for in the Court's judgment of 30 March 1989. With regard to the question of general measures, he said that at the time the Court's judgment had been given the Minister of Justice had already drafted a Bill to amend the Code of Criminal Procedure which included a provision establishing a duty to provide accused persons remanded in custody with a copy of their case file before their first appearance before the Chambre du Conseil. This provision had subsequently been withdrawn from the Bill as a whole so that it could be adopted more quickly. In addition, it should be noted that the wording of a judgment given on 10 May 1989 by the Cour de Cassation complied with the judgment given by the European Court of Human Rights in the Lamy case. This meant that, even before the entry into force of the new legislation, Belgian Public Prosecutor's departments would comply with the judgment given in the Lamy case in accordance with the recognised principle that an international Convention, which formed an integral part of Belgian law, prevailed over the text of a contrary domestic legal provision.
Decision
The Deputies agreed to resume consideration of this item at A level at one of their forthcoming meetings not later than six months hence.
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- 63 - CM/Del/Concl(89)426 Item 19 19. EUROPEAN CONVENTION FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Administrative and budgetary aspects of the implementation of the Convention (Concl989)425/34, CM(89)28 and 84, paragraphs 10-14, CM(89)102)
In reply to questions raised when this item was discussed at the 425th meeting (April 1989, item 34) as to the Budget Committee's reasoning behind the second sentence of paragraph 13 of CM(89)84, the Director of Administration and Finance said that, in the Budget Committee's view, experts assisting the Convention Committee ought not, if they were civil servants, to receive fees but only daily allowances. On the contrary, if they were self-employed, they could be paid fees of up to FF 10,000 per expert per visit, in compensation for their loss of income. The Budget Committee also thought that the Secretariat should ask the experts, before their appointment, to detail their loss of income occasioned by taking part in a visit.
The Representative of Sweden said that his authorities had misgivings about opening a special account to receive voluntary contributions. Convention activities ought rather to be completely financed through the ordinary budget. However, his authorities did not wish in any way to pour cold water on the Luxembourg Government's initiative. Moreover, they thought it important for the Convention Committee to be able to start work as soon as possible and, with this in mind, they were able to support the opening of a special account as proposed by the Secretariat.
The Representative of Switzerland said that his authorities attached great importance to the Convention, which had already been ratified by 15 member States. In view of the qualifications required of the members of the Convention Committee and their responsibility for the effective implementation of the Convention, his Government considered that they must be paid adequate allowances. Accordingly, contrary to the Budget Committee's view, the Swiss Government supported the Secretariat's proposal set out in Appendix II to CM(89)28 whereby members of the Committee would receive the same daily allowance as members of the European Commission of Human Rights.
The Representative of Italy supported the Secretariat's proposals regarding the allowance to be paid to members of the Committee and experts.
On the question of voluntary contributions, he welcomed the Luxembourg Government's offer. However, the question of opening a special account placed his authorities in some difficulty, as they could not contribute to such an account except under an international undertaking.
The Chairman said that this question might require comment from the Director of Administration and Finance, particularly regarding previous practice in similar cases. CONFIDENTIAL
CM/Del/Concl(89)426 - 64 - Item 19
The Representative of the United Kingdom agreed with the Representative of Sweden concerning the Luxmbourg Government's generous contribution, but was in some difficulty over this issue. It seemed to him that it was up to the Committee of Ministers to provide all necessary appropriations in the ordinary budget to cover the operation of the Convention.
He agreed with the Representative of Switzerland about the Committee members' allowance and thought that the Budget Committee's suggestions should not be adopted. However, he drew attention to the work being done by the Deputies' enlarged Rapporteur Group on Human Rights, in particular on the remuneration of the members of the European Commission on Human Rights which, it agreed, should be significantly increased. As this work had not yet been completed, it was not, at this stage, as simple as before to align Committee members' allowances with those of members of the Commission. Although the Committee members' remuneration should be as close as possible to that of members of the Commission, it should be remembered that members of the Commission spent two thirds of their professional activity working for the Commission, which was unlikely to be the case with members of the Committee. Lastly it would seem difficult to take decisions on this item outside the context of consideration of the budget.
The Chairman suggested that the decision on Point 1 of the "Action" proposed in the Notes on the Agenda for this item be taken under item 23a of the agenda of the present meeting ("Council of Europe budgets - 1989 budgetary situation").
Regarding point 2 of the draft decisions, noting that this raised questions of principle, he asked the Director of Administration and Finance whether such questions of principle had been raised in the past.
The Director of Administration and Finance said that the Committee of Ministers had never held any discussion of principle on this subject. Although there were a large number of special accounts, some 15 in all, they were generally opened for a specific event.
Summing up the discussion under this item, the Chairman noted that questions of principle had been raised by certain delegations concerning the advisability, in the framework of the implementation of a Convention, to open a special account to receive voluntary contributions from member States.
Decision
The Deputies agreed to resume consideration at A level at their 427th meeting (June 1989) of the question of the opening of a special account to receive the voluntary contribution from the Government of Luxembourg, as well as possible voluntary contributions from governments of other member States for the purpose of the implementation of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. 426th meeting - May 1989
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- 65 - CM/Del/Concl(89)426 Item 20 20. AD HOC COMMITTEE OF EXPERTS ON THE LEGAL ASPECTS OF TERRITORIAL ASYLUM, REFUGEES AND STATELESS PERSONS (CAHAR) Report of the 28th meeting (Strasbourg, 14-17 April 1989) (CM(89)83)
The Representative of Sweden requested that this item be postponed to the next meeting in order to allow him extra time to receive instructions from his authorities.
The Chairman noted that no delegation objected to the postponement.
Decision
The Deputies agreed to postpone consideration of this item until their 427th meeting (June 1989).
426th meeting - May 1989
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- 67 - CM/Del/Concl(89)426 Item 21 21. EUROPEAN STEERING COMMITTEE ON INTERGOVERNMENTAL CO-OPERATION IN THE YOUTH FIELD (CDEJ) Report of the 3rd meeting (Strasbourg, 14-15 March 1989) (Concl(89)425/49a, CM(89)61)
The Chairman noted that the Deputies would consider at their next meeting in June 1989 the matter of the preparation of the Third Conference of European Ministers responsible for Youth (Portugal, 1990), including the wish expressed by Hungary and Poland to attend the Conference, as part of the item on their agenda "Conferences of Specialised Ministers - State of preparation".
Decisions
The Deputies
1. took note that the final activity report of the Committee of Experts on Youth Information in Europe (JE-YI) did not meet the full approval of the CDEJ and that the report, together with a draft recommendation, will be re-examined by the CDEJ at its next meeting (item 7a of CM(89)61);
2. took note of the CDEJ's proposals for the Intergovernmental Programme of Activities for 1990 (item 8 of CM(89)61);
3. approved the revised terms of reference of the Committee of Experts on Youth Research and Documentation (item 7.b and Appendix II of CM(89)61);
4. taking into account decisions 1-3 above, took note of the report of the 3rd meeting of the CDEJ (CM(89))61) as a whole.
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- 69 - CM/Del/Concl(89)426 Item 22 22. REGIONAL OR MINORITY LANGUAGES IN EUROPE Resolution 192 of the CLRAE Assembly Opinion No. 142 (Concl(89)425751, CM(88)159)
The Chairman noted that a proposal by the Greek delegation had been circulated to replace in the draft terms of reference sensu stricto (item 5 of the draft specific terms of reference) the words "to draw up a draft European charter for regional or minority languages" by the words "proceed to an in-depth examination of the possibility to draw up an appropriate legal instrument on regional or minority languages in Europe".
The Representative of Greece explained that his delegation was in favour of a wider text for the terms of reference in order to leave open more possibilities to finally arrive at a compromise.
Concerning the membership in the proposed Ad hoc Committee, its composition should enable the Committee to reach concrete results. Too many members might make that difficult and therefore it seemed preferable to restrict membership in the Committee to member States of the Council of Europe and exclude the other Contracting Parties to the Cultural Convention, ie Yugoslavia and the Holy See. These countries might later associate themselves with the results reached by the Committee. There were two main arguments against the membership of other States, in particular Yugoslavia, in the Committee: first, a precedent would be set which might create difficulties in the future in similar situations. Second, the moment did not seem propitious with regard to Yugoslavia because of the political problems this country was experiencing at the time.
If his colleagues insisted on admitting these two countries to the Committee, it would be more prudent to admit them as observers.
The Representative of Spain saw no reason not to admit Yugoslavia and the Holy See, as these two countries were Contracting Parties to the Cultural Convention and there was an evident relationship between this Convention and the matters to be treated by the Committee. He asked the Secretariat if no precedents existed where these countries were admitted to committees under similar circumstances.
It seemed difficult to accept the amendment concerning the terms of reference sensu stricto. The possibility of drawing up a Convention was not in doubt, as was witnessed by the text proposed by the CLRAE, a text which was acceptable to his government even without modification.
The Representatives of the Netherlands, Ireland, the Federal Republic of Germany, Italy, the United Kingdom and Finland shared the opinions expressed by the Representative of Spain.
The Representative of the Federal Republic of Germany added that if the admission of Yugoslavia and the Holy See was to be regarded as a precedent, it could only constitute a positive precedent. It was highly desirable to start discussing problems of minority languages in Hungary and Romania for example. CONFIDENTIAL
CM/Del/Concl(89)426 - 70 - Item 22
The Representatives of Sweden and Austria agreed with the previous speakers and had no problems with admitting the European Bureau for Lesser Used Languages as an observer.
The Representative of Belgium noted that there seemed to be three categories of member States. The first had no minority languages and therefore no problems with the proposed charter. The second category had minority languages but also national legislation which went beyond the requirements of the charter. These States obviously could accept the draft charter. The third category were the States which had some difficulties because of their national legislation. These were the States mainly concerned by the proposed charter and therefore it seemed appropriate to take into account their interests. Perhaps a suitable compromise might be that the proposed Committee should first examine the advisability of drawing up a legal instrument and only afterwards, depending on the result of its examinations, draw up a legal instrument.
The Representative of France supported the setting up of the Committee and had no problems with its proposed composition.
The Director of Political Affairs wanted to dispel the impression that the Secretariat thought that there existed an automatism that Contracting Parties to the Cultural Convention had to become members of the Committee. Here one had to deal with an Ad hoc Committee which required an ad hoc decision. A certain automatism existed concerning committees dealing with activities directly derived from the Cultural Convention like the Council for Cultural Co-operation (CDCC), the Committee for the Development of Sport (CDDS) and the European Steering Committee on Intergovernmental Co-operation in the Youth Field (CDEJ), according to a decision of a general nature taken by the Committee of Ministers when setting up that Committee. Obviously the work of the proposed committee had cultural aspects but it had also, and perhaps predominantly, political aspects, the discussion of which might bring into play the particular solidarity among Council of Europe member States. A possible solution might be to start work among member countries only and to reserve for a later date the invitation of Yugoslavia and the Holy See to be represented on the committee as observers.
The Chairman thought, having listened to the explanations of the Political Director, that it might be prudent after all to start with only the member States being represented on the Committee.
The Representative of Ireland could agree to that, provided Yugoslavia and the Holy See were represented as observers.
The Representative of Turkey recalled that he had spoken against the admission of non-governmental organisations as observers to the committee at the last meeting. The information given by the Secretariat in the Notes on the Agenda on the European Bureau for Lesser Used Languages contained nothing to make him change his mind. CONFIDENTIAL
- 71 - CM/Del/Concl(89)426 Item 22
The Representative of Ireland considered it to be somewhat unfair to call the European Bureau for Lesser Used Languages a non- governmental organisation. If the European Bureau for Lesser Used Languages had been set up as an independent body, registered as a limited company without share capital in Ireland, this had been merely a formula to establish rapidly what in fact was a European Community body. The Bureau had been given a special status to look after problems of minority languages within the Community. It seemed therefore appropriate to delete under item 10 of the specific terms of reference the reference to the Bureau being a non-governmental organisation.
The Representative of Turkey reiterated his opposition to the admission of the Bureau as an observer.
The Representative of Ireland said that according to his instructions the European Community, if permitted full membership, would exercise its membership through the Bureau. If there were objections to the Bureau, one could always take a vote.
Upon resumption of the debate on this item at a later stage of the meeting, the Chairman noted that, following consultations with some delegations, a compromise proposal on item 10 of the draft specific terms of reference had been circulated by the Secretariat. According to this proposal item 10 was to be worded as follows:
"Observers:
- Having regard to certain cultural aspects of the problems to be treated by the Ad hoc Committee, aspects which are in fact close to the matters treated in the Cultural Convention, non members States which have hitherto acceded to this Convention are invited to be represented as observers.
- European Bureau for Lesser Used Languages."
The Representative of Ireland could agree to the proposal.
The Representative of Turkey still thought that membership of the committee should be restricted to member States. Other bodies had had the possibility to make their input at earlier stages, now a final effort by member States was required. Since the European Community could already participate in the work of the committee, there was no need for the Bureau to be represented as well. However, though the position of his delegation remained unchanged, Turkey did not want to create difficulties and prevent the adoption of a text. CONFIDENTIAL
CM/Del/Concl(89)426 - 72 - Item 22
The Representative of Denmark feared that the compromise text elaborated might be interpreted in a way enabling Poland and Hungary to join the Commmittee once they had acceded to the Cultural Convention.
The Chairman pointed out that the text referred only to countries which had hitherto acceded to the Cultural Convention and that any automatism concerning new Contracting Parties to this Convention was therefore excluded.
The Representative of Denmark agreed with this interpretation and said that he wanted it to be clear beyond any doubt that the present wording had no bearing upon the possible membership of Hungary or Poland in the Committee.
The Representatives of Spain, Ireland and Greece agreed with the interpretation given by the Chairman and the Representative of Denmark.
The Representative of Spain added that he could accept the compromise text.
The Representative of Norway said that he had received instructions to demand observer status for the Nordic Council for Sami Affairs.
The Representative of Turkey said that he could not accept the proposal, at least not at the present meeting.
The Chairman, given the very late date this proposal was put forward, suggested in this case to use the usual procedure for admitting observers after the creation of a Committee.
The Secretary to the Committee explained that according to this procedure requests for admission as an observer had to be forwarded without delay by the Secretary General to the Permanent Representatives of member States, and that any government so notified could inform the Secretary General within four weeks of its intention to refer the matter to the Committee of Ministers for decision. Otherwise the committee could admit the observer itself.
The Representative of the Federal Republic of Germany pronounced himself in favour of admitting the European Bureau for Lesser Used Languages as an observer.
Following further discussion the wording of item 10 of the specific terms of reference was slightly modified (see below).
Decision
The Deputies adopted Decision No. CM/466/260589, establishing the Ad hoc Committee of Experts on Regional or Minority Languages in Europe (CAHLR) with the specific terms of reference as they appear at Appendix 5 to these Conclusions. 426th meeting - May 1989
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- 73 - CM/Del/Concl(89)426 Item 23a 23. COUNCIL OF EUROPE BUDGETS a. 1989 budgetary situation (CM(89)20 Addendum, CM(89)52, CM(89)53, CM(89)84, paras. 5-18 and Appendix III)
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
The Chairman introduced this item, detailed the various documents concerned and referred to the discussions that had just taken place under item 19 of the agenda for the present meeting, and in particular to the explanation provided by the Director of Administration and Finance of the recommendation by the Budget Committee that the honoraria payable to experts called upon to assist the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment should be paid only in the case of actual loss of earnings.
It was recalled that consideration of the question of a special account for the receipt of voluntary contributions for the implementation of the Convention would be resumed by the Deputies at their 427th meeting in the light of further information to be provided by the Secretariat.
The Representative of the United Kingdom stated that with regard to the supplementary appropriations of FF 598,000 requested by the Secretariat in CM(89)53 for the implementation of the Convention in 1989, he was inclined to follow the recommendation of the Budget Committee, namely that such additional resources should be made available only later in the year and if they proved indispensable. As concerned the level of daily allowances to be paid to members of the European Committee, he favoured alignment on the rates of daily allowance currently payable to members of the European Commission of Human Rights, rather than on those payable to Independent Experts on the Social Charter, as had been recommended by the Budget Committee. On the questions of daily allowances and honoria payable to experts called upon to assist the European Committee and of staffing, he proposed that the recommendation of the Budget Committee be followed and he enquired of the Director of Human Rights whether such a course of action would be acceptable.
The Director of Human Rights stated that from his point of view the recommendation of the Budget Committee against immediate granting of supplementary appropriations was acceptable, in the light of the stated preparedness of the Budget Committee to reconsider in the autumn the budgetary implications of implementation of the Convention should difficulties be encountered. As to the rates of daily allowances to be paid to members of the European Committee, he felt CONFIDENTIAL
CM/Del/Concl(89)426 - 74 - Item 23a
that the stature of the Committee warranted the payment of allowances at the level of those currently payable to members of the European Commission of Human Rights. Mindful of the Representative of the United Kingdom's earlier point under discussion of item 19 that the rates payable to members of the Commission were currently-under discussion, together with the whole structure of their remuneration, he suggested that the Committee of Ministers might approve these rates without assimilating on a permanent basis members of the comaittee in question with members of the Commission.
With regard to the payment of honoraria payable to experts called upon to assist the European Committees the Director of Human Rights stated that the Budget Committee's recommendation that honoraria be paid on the basis of loss of earnings, up to a maximum of FF 10,000 per expert per visit, might well prove cumbersome to implement. In response to the Representative of Denmark, he explained that at present it was difficult to foresee to what type of expert the Committee would have recourse: to a large extent this would depend upon the areas of expertise of the committee members themselves. As regards the daily allowances of the experts, he considered that they should be set at the level of those of the Independent Experts on the Social Charter.
The Representative of Ireland stated that he could support a proposal that the daily allowance rates of members of the European Committee be fixed for 1989 at the level of those payable to members of the European Commission of Human Rights. However, the instructions from his authorities on the subject of honoraria payable to experts called upon to assist the European Committee stressed that government officials from his country were barred from accepting such fees. If the recommendation of the Budget Committee was followed therefore, he foresaw the possibility of a two-tier expert system - one comprising experts remunerated by national administrations and therefore not paid a fee, and those receiving an honorarium on the basis of declared loss of earnings. Such a system might in practice present difficulties not least in establishing the extent of loss of earnings in any given instance. He wondered whether it might not be possible to avoid this situation simply by agreeing a higher per diem for such experts which would incorporate and thus do away with the proposed honorarium element.
The Representative of the Federal Republic of Germany stated that his delegation did not support the Secretariat proposal that members of the European Committee should receive daily allowances at the rates currently payable to members of the European Commission of Human Rights. Instead it preferred retention of the Budget Committee recommendation that the rates payable to Independent Experts on the Social Charter be applied. On the question of the honorarium payable to experts called upon to assist the European Committee, however, he could not follow the recommendation of the Budget Committee; he thought the payment of fees should not be tied to a loss of earnings proviso. CONFIDENTIAL
- 75 - CM/Del/Concl(89)426 Item 23a
The Representative of Denmark stated that he thought the loss of earnings proviso recommended by the Budget Committee in relation to honoraria payments would prove very difficult to implement in practice.
The Representative of Turkey said that he shared the concerns of his Danish colleague and was opposed to a system of honoraria payment that risked to create two categories of experts.
In reply, the Director of Human Rights stated that it had been considerations of this nature that had led the Secretariat originally to propose a flat-rate honorarium. He stressed that there would be no obligation to accept the honorarium offered; the Secretariat was of course conscious of the rules applying to government officials of member States.
In the light of this discussion, the Chairman proposed that the loss of earnings proviso recommended by the Budget Committee in respect of the honorarium payable to experts called upon to assist the European Committee should not be retained. Furthermore he proposed that the Deputies approve payment of an honorarium to these experts up to a maximum of FF 10,000 per expert per visit.
The Representative of Ireland indicated that his instructions permitted him to accept such a proposal only ad referendum.
In reply to the Representative of Denmark, the Director of Human Rights confirmed that the European Committee would be responsible for fixing the amount of such honoraria within this maximum limit, and in doing so would no doubt take account of the duration of the expert's counsel.
The Chairman noted that with the addition of the phrase "up to a maximum" in respect of the honoraria payable to experts advising the European Committee and with the exception of the granting of immediate supplementary appropriations, the Deputies agreed to the Secretariat proposals concerning the rates to be applied in 1989 and also agreed the other budgetary implications in 1989 of the implementation of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
Accession of Finland
The Representative of Finland made the following statements:
"I would like to make a few comments about the implications for the 1989 ordinary budget of the accession of Finland to the Council of Europe.
Finland's contribution to the ordinary budget for 1989 will be FF 4,138,209. CONFIDENTIAL
CM/Del/Concl(89)426 - 76 - Item 23a
The additional expenditure of the accession of Finland will amount to an estimated FF 1,860,000.
The Secretariat has proposed the creation of one additional A2/3 post and one grade B3 bilingual secretarial post in the office of the Clerk. The reasons for creating these posts are set out in paragraph 12 of document CM(89)52.
Furthermore, the Secretariat has also proposed the creation of an A2/3 post to be occupied by a Finnish lawyer, and a bilingual secretarial post. The reasons for creating these posts are set out in paragraph 14 of CM(89)52.
The Budget Committee, however, recommended the creation of only one A2/3 post as of 1.6.89 and deferred the consideration of the other proposals, particularly those relating to the Secretariat of the Commission of Human Rights, to its autumn meeting.
I would like to take this opportunity to point out that Finland has been attributed 15 points in the table indicating the geographical distribution of category A posts. This corresponds e.g. to six A2/A3 posts.
Finland is thus entitled to have more than one staff member within the Organisation. We are, of course, aware that the filling of posts will take some time. Owing, however, to the importance the Finnish Government attaches to the organs established under the European Convention on Human Rights, at least one staff member should be attached either to the Registry of the European Court or to the Secretariat of the Commission of Human Rights, preferably at this stage in the Commission where the Convention proceedings start.
Although Finland has not, at this moment, ratified the Convention and accepted the right of individual petitition under Article 25 of the Convention, Finnish citizens are already writing to the Commission in order either to submit complaints or to request information. Such communications are frequently in Finnish. The Secretariat of the Commission ought to reply in Finnish which is often the only language applicants from my country are able to understand.
The Commission has an increasing influx of cases from Scandinavian countries, in particular from Sweden. A Finnish lawyer with knowledge of Swedish could fill the gap that exists presently in the Commission's staff given the similarity in certain areas of Finnish and Swedish law.
The recruitment of staff takes a long time. It can only start with the creation of a post. It would therefore be appropriate to create the two A and two B posts proposed by the Secretariat from 1st June 1989 and commence recruitment procedures which will permit the filling of the vacancies at a later stage. CONFIDENTIAL
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Finland's contribution to the ordinary budget is clearly in excess of the expenditure caused by our accession which should not make it too difficult to create the posts in question.
I hope that this proposal will meet with your support."
The Representative of Belgium stated that he was in full agreement with the points advanced by his Finnish colleague and therefore supported the proposals put forward by the Secretariat.
The Representative of Denmark stated that he was of the same opinion and that he found the recommendation of the Budget Committee in respect of the Secretariat's staffing proposals rather difficult to follow.
In the light of this discussion, the Chairman noted that the Deputies agreed to the Secretariat's proposals in respect of the financial implications, including the contribution of Finland, of Finland's accession.
The Representative of Finland stated that he wished to thank his colleagues for their support in this matter.
Change of Secretary General
Secretary General's Official Residence
In reply to the Representative of Belgium, the Director of Administration and Finance confirmed that the supplementary appropriation of FF 250,000 requested to enable further furnishing of the Official Residence of the Secretary General would not be sufficient to complete the furnishing. The present Residence was rented unfurnished and the ultimate aim was that the Council of Europe should fully furnish the property. Further expenditure in this respect was therefore to be expected in future years and consequent budgetary proposals would be submitted for consideration by the Committee of Ministers at the appropriate time.
The Chairman noted the Deputies agreement to a supplementary appropriation of FF 250,000 for additional furnishing of the Official Residence of the Secretary General, as recommended by the Budget Committee.
Television coverage of the Assembly Chamber
In response to the Representative of Denmark, who enquired whether the European Parliament would, by one means or another, be contributing to the cost of the proposed improvement of television coverage of the Assembly Chamber, the Director of Administration and Finance explained that the European Parliament, possessing its own ultra-sensitive television cameras, was content with the present situation. It was the Council of Europe, lacking such sophisticated equipment, which had identified the need for improved lighting in the Chamber. CONFIDENTIAL
CM/Del/Concl(89)426 - 78 - Item 23a
The Deputies, in the light of this information, approved a supplementary appropriation of FF 250,000, as recommended by the Budget Committee in order to improve the lighting of the Assembly Chamber.
Partial Agreement - The European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works (Eurimages)
The Representative of Denmark, noting that in document CM(89)53, paragraph 11, the Secretariat had indicated that it might be obliged in the future to ask the Committee of Ministers to give urgent consideration to the creation of an A2/A3 post in the Secretariat of this Partial Agreement, requested that any such proposal submitted to the Committee of Ministers be fully documented and justified.
The Chairman noted the undertaking of the Secretariat in this respect.
Decisions
The Deputies
1. in accordance with Article 16 of the Financial Regulations, fixed the contributions of Finland to the 1989 budgets as follows:
Ordinary budget FF 4,138,209.05 Extraordinary budget FF 207,286.94 Pensions budget FF 306,287.59
2. approved the creation, in respect of the accession of Finland to the Council of Europe and with effect from 1st June 1989, of the following posts:
- Office of the Clerk of the Assembly: 1 A2/A3 1 B3 - Secretariat of the European Commission of Human Rights 1 A2/A3 1 B3
3. approved the creation, in respect of the implementation of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, of the following posts in the Directorate of Human Rights:
- 1 A2/A3 (with effect from 1.9.1989) - 1 B3 (with effect from 1.7.1989)
4. fixed the daily allowances payable in 1989 to members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment at:
- FF 1,712 while on duty - FF 1,494 while travelling CONFIDENTIAL
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5. fixed the daily allowances payable in 1989 to experts called upon to assist the members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment during visits effected under the provisions of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment at:
- FF 1,091 while on duty - FF 865 while travelling and approved the payment of an honorarium to these experts of up to a maximum of 10,000 F per expert per visit;
6. approved supplementary appropriations totalling FF 2,360,000 in the 1989 ordinary budget and the transfer of FF 492,000 from Vote II to Vote I, as detailed in Resolution(89)5, and accordingly adopted Resolution(89)5 as it appears at Appendix 6 to these Conclusions;
7. took note of the other information contained in document CM(89)53.
426th meeting - May 1989
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- 81 - CM/Del/Concl(89)426 Item 23b b. General outline of prospects for the 1990 budget (CM(89)54 and 84)
The Representative of the United Kingdom, referring to a number of important questions affecting the 1990 budget upon which the views of the Secretary General-elect should be considered by the Committee of Ministers, suggested that consideration of this item be deferred until the Secretary General-elect was in office.
The Acting Secretary General indicated that such a course of action would be in line with discussions that he had held with the Secretary General-elect.
Accordingly, the Deputies decided to defer consideration of this item.
The Chairman, concluding the discussion, said that he hoped that there would be sufficient time during the 427th meeting set aside for discussions in restricted session on the budget and programme for 1990. One would see how things went then, and in particular whether it would be desirable to devote an additional informal meeting to the matter.
Decision
The Deputies agreed to resume consideration of this item at A level at their 427th meeting (June 1989).
426th meeting - May 1989
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- 83 - CM/Del/Concl(89)426 Item 24 24. PREPARATION OF FORTHCOMING MEETINGS
The Chairman recalled comments made earlier by the Representative of the United Kingdom to the effect that Deputies sittings that were scheduled to open at 10 am rarely in fact opened before 10.15 am for lack of a quorum, which was understandably irritating and frustrating for members of delegations who did arrive at the appointed time.
On the other hand, the Chairman was aware that for certain delegations, his own included, the quarter of an hour delay in starting was a considerable convenience as far as their own working arrangements were concerned.
He therefore suggested that a proposal that had been made that the opening time for morning sittings be formally set for 10.15 am be implemented experimentally during the Deputies next (427th) meeting. 10.15 am rather than 10 am would be indicated on the draft Order of Business for the sittings concerned. He appealed to delegations to play the game and to enable the Chairman to open the sittings at 10.15 am sharp.
Decisions
The Deputies
1. approved the draft agenda for their 427th meeting (12-16 June 1989 - A level, 19-20 June 1989 - B level), as it appears at Appendix 2 to these Conclusions;
2. agreed to hold an extraordinary meeting at 11 am on Friday, 7 July 1989 devoted to the question of the construction of the new Human Rights Building.
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- 85 - CM/Del/Concl(89)426 Item 25a 25. OTHER BUSINESS a. Communication by the Secretary General
1. Extraordinary Ministerial Conference of the Pompidou Group (London, 18 and 19 May 1989)
The Acting Secretary General said that the Extraordinary Ministerial Conference of the Pompidou Group had been convened in London by the Group's Chair on 18 and 19 May 1989. It had focused on three themes: the cocaine threat in Europe, the confiscation of proceeds from drug trafficking, and AIDS and drug addiction.
18 of the 19 member States had attended. 14 delegations had been headed by a Minister and five had comprised several Ministers. It had been the first Ministerial Conference of the Group to be attended by Austria, Finland and Malta, which had become members since the 8th Regular Conference in January 1987. The Commission of the Communities had also been represented.
The Conference had been opened by the Rt. Hon. Mr Douglas Hurd, Home Secretary of State of the United Kingdom, who had also chaired the meeting on the subject of cocaine. The session on the second theme had been chaired by Mr Douglas Hogg, Parliamentary Under-Secretary of State at the Home Department, and the session on the 3rd theme by Mr David Mellor, Minister of State for Health.
In connection with cocaine, the Ministers had noted that major seizures had been made in recent months in Europe. Cocaine trafficking was increasing in Europe because the North American market was saturated. In view of the danger looming, the Ministers had decided to grant priority to investigation of the problem and to extension of measures to combat this drug in the work programmes of the groups of experts of the Pompidou Group and had instructed the Permanent Correspondents to set up an ad hoc working party to prepare proposals for action, particularly in the area of methodology, in order to gather information on the impact of drug consumption and the strategy for combating illegal dealing.
The Chair had also said that its country intended to organise in 1990 a World Conference on the reduction of demand in the context of cocaine threat, with participation mainly by the member States of the Group and the countries of Eastern Europe and North and South America.
The discussion on the confiscation of the proceeds of drug trafficking had brought out a very broad consensus and a strong political determination to implement as quickly as possible appropriate national and international measures. The Ministers had very firmly supported the action taken within the CDPC Select Committee of Experts towards framing a European Convention and had requested that work be accelerated. The Convention would be based on a multilevel strategy comprising swift ratification of the 1988 United Nations Convention against Illegal Trafficking in Narcotic Drugs and Psychotropic Substances and attempts to reach bilateral agreements and arrangements. CONFIDENTIAL
CM/Del/Concl(89)426 - 86 - Item 25a
The exchange of experience in connection with combating the propogation of AIDS by drug addicts had produced a great deal of information on the initial results of innovative programmes aimed at changing the sexual and drug taking behaviour of drug users. The Ministers had nonetheless stressed that the AIDS problem above all meant that drug abuse prevention programmes had to be reinforced.
The Conference had aroused very great interest from the press. Over 100 journalists had been accredited, representing the newspapers, radio and television of several countries. Two press conferences had been given by the Chair. Several Ministers had given briefings for the journalists from their own countries on the fringe of the meeting.
The Acting Secretary General warmly thanked the British authorities for the perfect organisation of the Conference and their generous hospitality.
The Representative of the United Kingdom thanked the Acting Secretary General for his kind words, which he would not fail to convey to his authorities.
2. Meeting of the Permanent Correspondents of the Open Partial Agreement on the Prevention of, Protection against, Organisation of Relief in Major Natural and Technological Disasters (Istanbul, 22-23 May 1989)
The Acting Secretary General mentioned a number of points addressed at the meeting of the Permanent Correspondents of the Partial Agreement in Istanbul on 22 and 23 May 1989.
In connection with the 1990 draft budget for the Partial Agreement, the participants had agreed to propose to the Budget Committee and then to the Committee of Ministers a draft budget similar to the 1989 budget, adjusted for inflation.
In connection with co-operation with the European Community, the representative of the Commission of the Communities, Mr F. Paolini, had expressed the wish that the projected European campaign of information on civil protection be jointly implemented by the Commission and the Council of Europe in the framework of its Open Partial Agreement. A list of proposals for joint action had been prepared.
In connection with co-operation with the USSR, the Acting Secretary General mentioned the scientific contact meetings which had taken place in Strasbourg at the end of January 1989 and in Paris on 7 March 1989, as well as the letter sent to the Secretary General by the USSR Deputy Minister responsible for Civil Protection (Vice-President of the State Committee on Science and Technology), stressing the importance of scientific contact between European and Soviet experts and the desire to ensure their continuation. The Permanent Correspondents had expressed more than just a bias in favour of continuation of such co-operation. In what form should it be continued? It was still too early to say because Soviet wishes were not yet known. The Secretary General had reiterated several times that whatever were wishes of the USSR, the decision ultimately lay with the Committee of Ministers. CONFIDENTIAL
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According to certain personal contacts in the USSR, it was probable that the experts of the Partial Agreement would be receiving an invitation to visit the USSR within the next few days. The Acting Secretary General or the Director of Political Affairs would be accompanying them.
The Acting Secretary General asked the Representative of Turkey to convey his thanks to the Turkish Government for the perfect organisation of the said meeting and the warm hospitality of the authorities.
The Representative of Turkey thanked the Acting Secretary General for his kind words, which he would not fail to convey to his authorities.
3. Meeting held on the fringes of the meeting of the Ministers responsible for Culture (Brussels, 18 May 1989)
The Acting Secretary General drew attention to the report of the meeting held on the fringes of the meeting of the Ministers responsible for Culture of the EEC (18 May 1989), which all the delegations had received. The purpose of the meeting had been to initiate dialogue with the representatives of non-Community States in order to explore the possibility of expanding cultural relations beyond the limits of the Twelve.
Since he had been in London that day for the Ministerial Conference of the Pompidou Group, the Acting Secretary General had been unable to attend, but the Chair of the Committee of Ministers was represented at ministerial level at the meeting. The Acting Secretary General was prepared to answer any question arising from the report.
The Chairman thanked the Representative of Spain for his help, which had enabled the Council of Europe to be represented at the meeting.
426th meeting - May 1989
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- 89 - CM/Del/Concl(89)426 Item 25b b. European Commission of Human Rights Written Question No. 305 by Sir Geoffrey Finsberg (Concl(89)425/33, CM(89)40 and Addendum)
The Chairman recalled that at a special meeting on 9 May 1989, during which this question had been considered among others, the Deputies had agreed to send a letter to Sir Geoffrey Finsberg.
In addition, on 11 May 1989, during the fifth sitting of the First Part of the 41st Session of the Assembly, Sir Geoffrey Finsberg had expressed his dissatisfaction over the reply made by the Chairman of the Committee of Ministers to the question for oral reply he had put on 9 May 1989, in which he had referred to his Written Question No. 305.
The Chairman recalled that he had then had talks with the President of the Assembly and addressed a further, more detailed letter to Sir Geoffrey Finsberg on 12 May 1989.
He drew attention to the fact that, as stated in the Notes on the Agenda on this item, the Secretary to the European Commission of Human Rights had since then informed him that the President of the Commission would see no objection to the information contained in the Addendum to CM(89)40 being communicated to Sir Geoffrey Finsberg. This had been confirmed to him by the First Vice-Président of the Commission in the absence of the President.
He asked the Committee whether the information contained in the Addendum to CM(89)40 could therefore be communicated to the Assembly.
The Representative of the United Kingdom, referring to the Addendum to CM(89)40, thought that one might add to it information on the length of the sessions and whether members had attended each session at which they were present in its entirety. He considered that such information would meet the concern voiced by other parliamentarians who, like Sir Geoffrey Finsberg, felt that the Committee of Ministers had taken too long to reply to Written Question No. 305.
The Chairman understood the wish expressed by the Representative of the United Kingdom for a fuller reply. In his view, however, given the actual terms of Written Question No. 305, the information that it was proposed to communicate was sufficient. Moreover, the Chairman could not undertake to give a reply that would go further than the questions he had discussed with the Commission. If, however, the reply did not meet the concerns of Sir Geoffrey Finsberg, he would be able to specify the information he wished to obtain. CONFIDENTIAL
CM/Del/Concl(89)426 - 90 - Item 25b
Decision
The Deputies adopted the following reply to Written Question No. 305 by Sir Geoffrey Finsberg:
"Following contacts with the European Commission of Human Rights, the Committee of Ministers wishes to forward the following information to Sir Geoffrey Finsberg, in reply to his Written Question No. 305:
1987 1988 elected (7 sessions) (9 sessions) on No. attended No. attended
Prof. Carl Aage NØRGAARD, 13.4.73 7 9 President/Président (Danish/Danois)
Prof. Dr. Jochen A. FROWEIN, 29.11.73 7 8 First Vice-President/Premier Vice-Président (German/Allemand)
Prof. Stefan TRECHSEL 14.3.75 7 9 Second Vice-President/Second Vice-Président (Swiss/Suisse)
Prof. Felix ERMACORA 15.12.58 6 7 (Austrian/Autrichien)
Prof. Giuseppe SPERDUTI 24.10.60 6 9 (Italian/Italien)
Prof. Edwin BUSUTTIL 22.4.67 7 9 (Maltese/Maitais)
Prof. Gaukur JÖRUNDSSON 21.1.74 7 9 (Icelandic/Islandais)
Prof. A. Seref GÖZÜBÜYÜK 2.4.81 7 9 (Turkish/Turc)
Mr Albert WEITZEL 2.4.81 7 9 (Luxembourger/Luxembourgeois)
Prof. Jean-Claude SOYER 2.4.81 7 9 (French/Français)
Prof. Henry G. SCHERMERS 29.9.81 7 8 (Dutch/Néerlandais)
Mr Hans DANELIUS 25.2.83 7 8 (Swedish/Suédois) CONFIDENTIAL
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Mr Gerard BATLINER 23.6.83 7 7 (Liechtensteiner/Liechtensteinois)
Mr Jorge CAMPINOS 15.5.84 4 9 (Portuguese/Portugais)
Prof. Hugo VANDENBERGHE 15.5.84 7 9 (Belgian/Beige)
Mrs Gro Hiliestad THUNE 15.5.84 7 9 (Norvegian/Norvégien)
Sir Basil HALL 25.2.85 6 9 (British/Britannique)
Mr Luis Fernando MARTINEZ RUIZ 16.9.86 7 9 (Spanish/Espagnol)
Prof. Christos L. ROZAKIS 9.4.87 4/4 9 (Greek/Grec)
Mrs Jane LIDDY 9.4.87 4/4 9 (Irish/Irlandais)
Mr Loukis LOUCAIDES 18.1.89 - - (Cypriot/Cypriote)
The Committee of Ministers further wishes to recall that the European Commission of Human Rights is a body of a quasi-judicial nature set up under an international treaty and composed of independent persons."
426th meeting - May 1989
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- 93 - CM/Del/Concl(89)426 Item 25c c. Council of Europe Resettlement Fund (Social Development Fund) Accession of the Republic of San Marino (CM(89)105)
The Representative of San Marino made the following statement:
"I inform you of my country's decision to accede to the Social Development Fund in accordance with Article XV, Section 3, of the Fund's Articles of Agreement.
In CM(89)105 you will find the letter of 27 April 1989 from the Secretary of State for Foreign Affairs of the Republic of San Marino concerning this accession.
My Government accepts the Articles of Agreement of the Social Development Fund and subscribes to the number of participating certificates determined in agreement with the Governing Body, namely participation in the capital amounting to 210,000 ECUs and participation in the reserve fund amounting to 351,000 ECUs. The arrangements for payment will be agreed with the competent authorities of the Fund.
This accession takes effect on 27 April 1989, the date of the letter referred to previously."
The Representative of Portugal, in his capacity as the Permanent Representative of his country and Vice-Chairman of the Fund's Governing Body, welcomed the decision by the Government of San Marino to accede to the Fund. Both he and his authorities would be pleased to welcome the Permanent Representative of San Marino as that country's representative to the next meeting of the Fund's Governing Body in Portugal.
Decisions
I. The Deputies took note of the communication containing the declaration by the Government of the Republic of San Marino concerning its accession to the Resettlement Fund (CM(89)105).
II. The Representatives on the Committee of Ministers of Belgium, Cyprus, Denmark, France, the Federal Republic of Germany, Greece, Iceland, Italy, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and Turkey, States members of the Resettlement Fund, decided that San Marino's contribution to the budget of the Partial Agreement on the Resettlement Fund for the 1989 financial year will be FF 7,301.50.
426th meeting - May 1989
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APPENDIX 1
426th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 25 May 1989 (10 am) - 26 May 1989 - A level)
AGENDA
1. Adoption of the Agenda (Notes No. 7321 of 24.5.89)
Political and General Policy Questions
2. Political aspects of European co-operation and of current international events (Resolution (84)21) (Notes No. 7320 of 27.4.89)
3. Committee of Ministers - Follow-up to the 84th Session (Strasbourg, 5 May 1989) (CM(89)PV1 prov.) (Notes No. 7322 of 19.5.89)
4. Consultative Assembly - 1st Part of the 41st Ordinary Session (Strasbourg, 8-12 May 1989)
a. Texts adopted (Notes No. 7323 of 22.5.89)
b. Evaluation of the Session (Notes No. 7324 of 18.5.89)
c. Parliamentary questions for oral answer by the President of the Committee of Ministers (Notes No. 7325 of 22.5.89)
5. Future role of the Council of Europe in European construction - Assembly Recommendation 1103 (Concl(89)425/13) (Notes No. 7328 of 22.5.89)
6. Council of Europe observer status with the United Nations (Concl(89)425/9, CM(89)51) (Notes No. 7326 of 12.5.89)
7. Situation in Cyprus (Concl(89)425/5) (Notes No. 7319 of 27.4.89) CONFIDENTIAL
CM/Del/Concl(89)426 - a2 - Appendix 1
8. Conferences of Specialised Ministers - State of preparation (Concl(89)425/4, SG/D/Inf(89)4 of 11.5.89) (Notes No. 7327 of 11.5.89 and Add. of 24.5.89)
9. Underwater cultural heritage - Written Question No. 303 by Mr van der Werff (Concl(88)417/8, (89)423/35a, CM(88)59, 214 and CM(89)65) (Notes No. 7316 of 9.5.89)
Human Rights and Mass Media (1)
Decisions to be taken under Article 32 of the European Convention on Human Rights
10. Uskela against Sweden (Concl(89)424/20, CM(89)16) (Notes No. 7329 of 9.5.89)
11. Ingrid Jordebo Foundation of Christian Schools against Sweden (Concl(89)424/21, CM(89)17) (Notes No. 7330 of 9.5.89)
12. Savoldi against Italy (Concl(87)413/20, CM(89)81) (Notes No. 7331 of 9.5.89)
Application of Article 54 of the European Convention on Human Rights
13. Judgments of the European Court of Human Rights in the Poiss case (Concl(88)422/13) (Notes No. 7332 of 9.5.89)
14. Judgments of the European Court of Human Rights in the Erkner and Hofauer case (Concl(88)422/14) (Notes No. 7333 of 9.5.89)
15. Judgment of the European Court of Human Rights in the Inze case (Concl(88)422/15) (Notes No. 7334 of 9.5.89)
(1) See also under item 25b. CONFIDENTIAL
- a3 - CM/Del/Concl(89)426 Appendix 1
16. Judgment of the European Court of Human Rights in the Belilos case (Concl(88)422/16) (Notes No. 7335 of 9.5.89)
17. Judgment of the European Court of Human Rights in the Bock case (Notes No. 7336 of 9.5.89)
18. Judgment of the European Court of Human Rights in the Lamy case (Notes No. 7337 of 9.5.89)
19. European Convention for the prevention of torture and inhuman or degrading treatment or punishment - Administrative and budgetary aspects of the implementation of the Convention (Concl(89)425/34, CM(89)28 and 84, paras 10-14, CM(89)102 of 19.5.89) (Notes No. 7338 of 12.5.89)
Legal Questions
20. Ad hoc Committee of experts on the legal aspects of territorial asylum, refugees and stateless persons (CAHAR) - Report of the 28th meeting (Strasbourg, 14-17 April 1989) (CM(89)83) (Notes No. 7317 of 5.5.89)
Youth
21. European Steering Committee on Intergovernmental Co-operation in the Youth Field (CDEJ) - Report of the 3rd meeting (Strasbourg, 14-15 March 1989) (Concl(89)425/49a, CM(89)61) (Notes No. 7315 of 9.5.89)
Environment and Local Authorities
22. Regional or minority languages in Europe - Resolution 192 of the CLRAE - Assembly Opinion No. 142 (Concl(89)425/51, CM(88)159) (Notes No. 7318 of 5.5.89) CONFIDENTIAL
CM/Del/Concl(89)426 - a4 - Appendix 1
Administrative Questions
23. Council of Europe budgets
a. 1989 budgetary situation (Add. to CM(89)20 of 12.5.89, CM(89)52, 53 and 84) (Notes No. 7339 of 12.5.89)
b. General outline of prospects for the 1990 budget (CM(89)54 and 84) (Notes No. 7340 of 12.5.89)
24. Preparation of forthcoming meetings (Notes No. 7341 of 26.5.89)
25. Other business
a. Communication from the Secretary General
b. European Commission of Human Rights - Written Question No. 305 by Sir Geoffrey Finsberg (Notes No. 7359 of 23.5.89)
c. Resettlement Fund of the Council of Europe (Social Development Fund) - Accession of the Republic of San Marino (CM(89)105 of 24.5.89) (Notes No. 7365 of 24.5.89) 426th meeting - May 1989
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- a5 - CM/Del/Concl(89)426
APPENDIX 2
427th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 12 (3 pm)- 16 June 1989 - A level 19 (3 pm) - 20 June 1989 - B level)
DRAFT AGENDA
1. Adoption of the Agenda (Notes No. 7376 of ...)
Political and General Policy Questions
2. Political aspects of European co-operation and of current international events (Resolution (84)21) (Concl(89)426/2) (Notes No. 7377 of ...)
3. Joint Committee (Strasbourg, July 1989) (Concl(89)426/3) (Notes No. 7378 of ...)
4. Conferences of Specialised Ministers - Follow-up to Chapter III of Resolution (89)40 (Concl(89)426/3) (Notes No. 7379 of ...)
5. Future role of the Council of Europe in European construction - Assembly Recommendation 1103 (Concl(89)426/5) (Notes No. 7380 of ...)
N.B. In accordance with the deadline rules for the dispatch of reference documents and Notes on the Agenda, the date limits are:
A level CM 12 May 1989 Notes 26 May 1989
B level CM 22 May 1989 Notes 2 June 1989 CONFIDENTIAL
CM/Del/Concl(89)426 - a6 - Appendix 2
6. North-South
a. Report on the deliberations of the enlarged Working Party of the Ministers' Deputies on the proposed European Centre for Global Interdépendance and Solidarity (CM(89)106 of 29.5.89) (Notes No. 7368 of ...)
b. Africa-Europe Encounter : Interdependence and Solidarity (Porto Novo, Benin) (31 August - 3 September 1989) (CM(89)...) (Notes No. 7381 of ...)
7. Council of Europe observer status with the United Nations (Concl(89)426/6, CM(89)51) (Notes No. 7382 of ...)
8. Conferences of Specialised Ministers - State of preparation (Concl(89)426/8, CM(89)..., SG/D/inf(89)...) (Notes No. 7383 of ...)
9. Situation in Cyprus (Concl(89)426/7) (Notes No. 7375 of 30.5.89)
10. Deputies' Rapporteur Groups - Composition (Concl(87)410/11) (Notes No. 7370 of 26.5.89)
*11. Reception and Settlement in the Federal Republic of Germany of refugees and resettiers of German origin coming from countries in Central and Eastern Europe - Assembly Recommendation 1106 (Concl(89)426/4a) (Notes No. 7384 of ...)
Human Rights and Mass Media
Decision to be taken under Article 32 of the European Convention on Human Rights
12. Cyprus against Turkey (Concl(89)425/16) (Notes No. 7345 of 11.5.89)
13. Biondo against Italy (Concl(89)425/18) (Notes No. 7355 of 22.5.89)
*- B level CONFIDENTIAL
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14. L. against Sweden (Concl(89)425/21) (Notes No. 7385 of ...)
15. Zengin against the Federal Republic of Germany (Notes No. 7350 of 18.5.89)
16. J. against the United Kingdom (Application No 10622/83) (Notes No. 7349 of 18.5.89)
17. Mlynek against Austria (CM(89)98) (Notes No. 7352 of 22.5.89)
18. Karni against Sweden (Notes No, 7356 of 22.5.89)
19. Grace against the United Kingdom (Notes No. 7360 of 22.5.89)
Application of Article 54 of the European Convention on Human Rights
20. Judgments of the European Court of Human Rights in the Feldbrugge case (Concl(89)425/23) (Notes No. 7357 of 22.5.89)
21. Judgment of the European Court of Human Rights in the Colozza case (Concl(89)425/28) (Notes No. 7353 of 22.5.89)
22. Judgment of the European Court of Human Rights in the Martins Moreira case (Concl(89)425/29) (Notes No. 7351 of 20.5.89)
23. Judgments of the European Court of Human Rights in the Weeks case (Concl(89)425/30) (Notes No. 7386 of ...)
24. Judgment of the European Court of Human Rights in the Norris case (Notes No. 7354 of 22.5.89)
25. Judgment of the European Court of Human Rights in the Neves e Silva case (Notes No. 7358 of 22.5.89) CONFIDENTIAL
CM/Del/Concl(89)426 - a8 - Appendix 2
26. Transformation of the European Commission of Human Rights into a semi-permanent or permanent Commission (Concl(89)425/32, CM(89)55, CM(89)84 paragraphs 19-22) (Notes No. 7361 of 24.5.89)
27. Improvement of the procedures of the European Convention on Human Rights - Written Question No 307 by Mr Stoffelen (CM(89)104) (Notes No. 7387 of ..)
28. European Committee for the prevention of torture and inhuman or degrading treatment or punishment
a. Election of members
b. Opening of a special account
(Concl(89)426/19, CM(89)102 and CM(89)... of ...) (Notes No. 7388 of ...)
*29. Ad hoc Committee of Experts to exchange views on standard- setting activities of the United Nations in the field of human rights (CAHST) - Specific terms of reference (Notes No. 7389 of ...)
Legal Questions
30. Draft Agreement on responsibility for examining asylum applications - Report of the enlarged Rapporteur Group of the Ministers' Deputies on Legal Co-operation (Strasbourg, 19 April 1989) (Concl(89)424/38, CM(89)12 and 92) (Notes No. 7343 of 19.5.89)
31. Protocol to the Convention on Insider Trading (Concl(89)425/59h, CM(89)...) (Notes No. 7344 of 12.5.89)
*32. Select Committee of experts on Computer-Related Crime (PC-R-CC) - Authorisation of the publication of the Final Activity Report (CM(89)95) (Notes No. 7346 of 24.5.89)
*33. Ad hoc Committee of experts on the legal aspects of territorial asylum, refugees and stateless persons (CAHAR) - Report of the 28th meeting (Strasbourg, 14-17 April 1989) (Concl(89)426/20, CM(89)83) (Notes No. 7372 of 30.5.89)
*- B level CONFIDENTIAL
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*34. Ad hoc Committee of Experts on Progress in the Biomédical Sciences (CAHBI) - Report of the 9th meeting (Strasbourg, 18-21 April 1989) (CM(89)93) (Notes No. 7342 of ...)
*35. 25th Report on the Activities of the Office of the United Nations High Commissioner for Refugees (UNHCR) (1987) - Assembly Recommendation 1105 (Concl(89)426/4a) (Notes No. 7369 of ...)
Social and Economic Questions
36. Role and activities of the Resettlement Fund of the Council of Europe Resettlement Fund for national refugees and over-population - Assembly Recommendation 1076 (Concl(89)425/40b) (Notes No. 7367 of ...)
37. Participation of the Assembly in the European Population Committee (CDPO) - Request from the Assembly (Notes No. 7390 of ...)
*38. European Committee for equality between women and men (CEEG) - Report of the 5th meeting (Strasbourg, 19-21 April 1989) (CM(89)100) (Notes No. 7391 of ...)
*39. European Committee on Migration (CDMG) -
a. Report of the 20th meeting (Strasbourg, 25-28 April 1989) (CM(89)97 and Addenda I and II)
b. Draft Recommendation No R(89)... on legal protection and assistance for migrants appealing against decisions concerning their work permits, residence permits or expulsion (CM(89)58 Addendum and CM(89)97 Addendum I) (Notes No. 7362 of 26.5.89)
*40. Steering Committee on Social Policy (CDPS) - Meeting report (Strasbourg, 1-3 March 1989) (CM(89)101) (Notes No. 7366 of 26.5.89)
*41. Steering Committee for Employment and Labour (CDEM) - Report of the 5th meeting (Strasbourg, 18-21 April 1989) (CM(89)99) (Notes No. 7363 of 26.5.89)
*- B level CONFIDENTIAL
CM/Del/Concl(89)426 - a10 - Appendix 2
*42. Education of migrants' children - Assembly Recommendation 1093 (Concl(89)425/42) (Notes No. 7371 of ...)
*43. Liaison Committee between the Council of Europe and Management and Labour (LCML) - Report of the 6th meeting (Strasbourg, 10 March 1989) (CM(89)75) (Notes No. 7393 of ...)
*44. Protection of non-smokers - Assembly Recommendation 1101 (Concl(89)425/43) (Notes No. 7348 of 19.5.89)
Education, Culture and Sport
*45. Situation of dance - Assembly Recommendation 1104 (Concl(89)425/13) (Notes No. 7373 of ...)
Environment and Local Authorities
*46. Steering Committee for the conservation and management of the environment and natural habitats (CDPE) - Report of the 4th meeting (Strasbourg, 11-14 April 1989) (CM(89)96) (Notes No. 7347 of 23.5.89)
#*47. Standing Conference of Local and Regional Authorities of Europe T Date of the next session (Notes No. 7374 of ...)
Administrative Questions
48. Council of Europe budgets - General outline of prospects for the 1990 budget (Concl(89)426/23b, CM(89)54 and 84) (Notes No. 7395 of ...)
49. Arrangements for the external audit of the accounts of the "Eurimages" Partial Agreement - Supervisory board (CM(89)94) (Notes No, 7364 of 24.5.89)
#- No debate envisaged
*- B level CONFIDENTIAL
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#*50. New purchasing power parities for the calculation of salary scales in Norway, Sweden, (Canada and Australia) - 244th report of the Co-ordinating Committee of Government budget experts (CM(89)103) (Notes No. 7394 of ...)
51. Preparation of forthcoming meetings (Notes No. 7376 of ...)
52. Other business
a. Communication from the Secretary General
#- No debate envisaged
*- B level
426th meeting - May 1989
CONFIDENTIAL
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APPENDIX 3 (item 10)
RESOLUTION DH (89) 14
HUMAN RIGHTS
APPLICATION No. 10537/83
USKELA AGAINST SWEDEN
(adopted by the Committee of Ministers on 26 May 1989 at the 426th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the convention"),
Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 of the convention relating to the application lodged on 11 May 1983 by Mr Väinö Uskela against Sweden (Application No. 10537/83) ;
Whereas on 1 September 1987 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the convention elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the convention ;
Whereas in his application the applicant complained inter alia that he had no possibility of having a dispute relating to the issuing of an expropriation permit affecting property owned by him examined by a tribunal satisfying the requirements of Article 6, paragraph 1, of the convention, and that the continuation of the expropriation procedure after he had restored the property was contrary to Article 1 of Protocol No. 1 to the convention ;
Whereas the Commission declared the application admissible on 10 October 1985 as regards the above-mentioned complaints and in its report adopted on 16 July 1987 expressed the opinion :
- unanimously, that there had been a violation of Article 6, paragraph 1, of the convention ;
- by 17 votes to one, that there had been no violation of Article 1 of Protocol No. 1 ; CONFIDENTIAL
CM/Del/Concl(89)426 - a14 - Appendix 3
Agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1, of the convention ;
Whereas, during the examination of the case, the Committee of Ministers was informed by the Government of Sweden that, under the terms of the Act of 21 April 1988 on judicial review of certain administrative decisions, administrative decisions relating to the application of legal provisions referred to in Chapter 8, sections 2 and 3, of the Instrument of Government would henceforth, at the request of a private subject party to the proceedings, be reviewed by the Supreme Administrative Court, that the said Court would examine whether a decision was contrary to any legal rule, and that the Act applied inter alia to decisions on the issuing of expropriation permits ;
Having examined the proposals made by the Commission concerning just satisfaction for the applicant,
Decides, having voted in accordance with the provisions of Article 32, paragraph 1, of the convention ;
a. that there has been a violation of Article 6, paragraph 1, of the convention in this case ;
b. that there has been no violation of Article 1 of Protocol No. 1 to the convention in this case ;
Takes note of the information provided by the Government of Sweden ;
Recommends, under Rule 5 of the Rules adopted by the Committee of Ministers for the application of Article 32 of the convention, that the Government of Sweden pay to the applicant 20,000 Swedish crowns in respect of non-pecuniary damage and 60,000 Swedish crowns in respect of costs ;
Decides, therefore, that no further action is called for in this case. 426th meeting - May 1989
CONFIDENTIAL
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APPENDIX 4 (item 11)
RESOLUTION DH (89) 15
HUMAN RIGHTS
APPLICATION No. 11533/85
INGRID JORDEBO FOUNDATION OF CHRISTIAN SCHOOLS AGAINST SWEDEN
(adopted by the Committee of Ministers on 26 May 1989 at the 426th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the convention"),
Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 of the convention relating to the application lodged on 2 May 1985 by the Ingrid Jordebo Foundation of Christian Schools against Sweden (Application No.11533/85) ;
Whereas on 21 January 1988 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the convention elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the convention ;
Whereas in its application the applicant foundation complained inter alia that it had no possibility of having a dispute concerning the question whether a school administered by it should be approved for running the seventh to ninth forms of compulsory school education examined by a tribunal satisfying the requirements of Article 6, paragraph 1, of the convention ;
Whereas the Commission declared the application admissible on 6 March 1987 as regards the above-mentioned complaint and in its report adopted on 8 December 1987 expressed the opinion, by 15 votes to one, that there had been a violation of Article 6, paragraph 1, of the convention ;
Agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1, of the convention ; CONFIDENTIAL
CM/Del/Concl(89)426 - a16 - Appendix 4
Whereas, during the examination of the case, the Committee of Ministers was informed by the Government of Sweden that, under the terms of the Act of 21 April 1988 on judicial review of certain administrative decisions, administrative decisions relating to the application of legal provisions referred to in Chapter 8, sections 2 and 3, of the Instrument of Government would henceforth, at the request of a private subject party to the proceedings, be reviewed by the Supreme Administrative Court, that the said Court would examine whether a decision was contrary to any legal rule, and that the Act applied inter alia to decisions not to allow a school to provide the final stage of compulsory schooling ;
Having examined the proposals made by the Commission concerning just satisfaction for the applicant foundation,
Decides, having voted in accordance with the provisions of Article 32, paragraph 1, of the convention, that there has been a violation of Article 6, paragraph 1, of the convention in this case ;
Takes note of the information provided by the Government of Sweden ;
Recommends, under Rule 5 of the Rules adopted by the Committee of Ministers for the application of Article 32 of the convention, that the Government of Sweden pay to the applicant foundation 10,000 Swedish crowns in respect of non-pecuniary damage and 14,000 Swedish crowns in respect of costs ;
Decides, therefore, that no further action is called for in this case. 426th meeting - May 1989
CONFIDENTIAL
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APPENDIX 5 (item 22)
Decision No. CM/466/260589
Specific terms of reference
1. Name of commitee: AD HOC COMMITTEE OF EXPERTS ON REGIONAL OR MINORITY LANGUAGES IN EUROPE (CAHLR)
2. Type of committee: Ad hoc Committee of Experts
3. Source of terms of Committee of Ministers reference:
4. Completion dates 31 December 1991
5. Terms of reference:
To draw up a draft European charter for regional or minority languages, bearing in mind Resolution 192 (1988) on "Regional or minority languages in Europe", and particularly the Appendix to this Resolution, adopted on 16 March 1988 by the Standing Conference of Local and Regional Authorities of Europe, and Parliamentary Assembly Opinion No. 142 (1988) on this Resolution.
6. Terms of reference based on the Intergovernmental Programme of Activities: -
7. Terms of reference derived from a Convention: -
8. Membership of the committee:
a. States whose governments may appoint members: all member States
b. Number of members per State whose travel and subsistence expenses will be borne by the Council of Europe: 1
c. Qualification desirable in committee members: States are invited to designate Senior Officials from the various competent Ministries (Interior, Culture, Education, Justice, Foreign Affairs), who should preferably be responsible for determining national policy in this area as well as highly qualified specialists.
d. Other members:
i. The Assembly may have 2 representatives on the Ad hoc Committee;
ii. The Standing Conference of Local and Regional Authorities of Europe (CLRAE) may be represented on the Ad hoc Committee. CONFIDENTIAL
CM/Del/Concl(89)426 - a18 - Appendix 5
9. Other participants: European Community
10. OBSERVERS
The following are invited:
- Having regard to certain cultural aspects of the problems to be treated by the Ad Hoc Committee, important aspects which are in fact close to the matters treated in the Cultural Convention, non-member States which have hitherto acceded to this Convention;
- European Bureau for Lesser Used Languages
11. Transitional notes:
Participation costs for the first meeting, in 1989, will be either borne by governments or, if the budgetary position permits, met under Vote II. 426th meeting - May 1989
CONFIDENTIAL
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APPENDIX 6 (item 23a)
RESOLUTION (89) 5
concerning the
ORDINARY BUDGET FOR THE FINANCIAL YEAR 1989
(adopted by the Committee of Ministers on 26 May 1989 at the 426th meeting of the Ministers' Deputies)
The Comittee of Ministers, by virtue of Article 16 of the Statute of the Council of Europe,
HAVING REGARD to Articles 3, 5, 6, 8, 9, 10, 19, 20, 23, 26, 28 and 31 of the Financial Regulations;
HAVING REGARD to Resolution (88) 31 of 2 December 1988 approving the ordinary budget for 1989;
HAVING REGARD to the contribution of FF 4,138,209.05 which Finland will be called upon to make to the 1989 ordinary budget;
HAVING REGARD to the amendments to the ordinary budget for 1989 submitted by the Secretary General (CM (89) 53);
HAVING REGARD to the Budget Committee's report of 27 April 1989 (CM (89) 84, paragraphs 5 to 18);
CONSIDERING that the appropriations entered in the ordinary budget for 1989 call for amendment,
RESOLVES AS FOLLOWS :
Article 1
The appropriations granted for the ordinary budget for 1989 are increased by a net amount of FF 2,360,000 F as follows :
VOTE I - COMMON EXPENDITURE HEAD I - STAFF Sub-head 3 - Remuneration of staff recruited on established posts + 314,000
HEAD II - EXPENDITURE ON BUILDINGS, OFFICE SUPPLIES AND EQUIPMENT AND TELEPHONE Sub-head 12 - Expenditure on buildings + 250,000 Sub-head 13 - Expenditure office furniture, equipment, supplies, vehicles + 290,000 Sub-head 15 - Telephone + 33,500
CONFIDENTIAL
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VOTE III - EXPENDITURE OF THE CONSULTATIVE ASSEMBLY HEAD XV - STAFF Sub-head 67 - Remuneration of staff recruited on established posts + 330,500
VOTE IV - OPERATIONAL EXPENDITURE OF THE EUROPEAN COURT AND COMMISSION OF HUMAN RIGHTS AND THE EUROPEAN TRIBUNAL IN MATTERS OF STATE IMMUNITY SECTION I - EXPENSES OF THE EUROPEAN COURT OF HUMAN RIGHTS HEAD XIX - OPERATIONAL EXPENDITURE Sub-head 87 - Travel expenses and allowances + 220,000
SECTION III - EXPENSES OF THE EUROPEAN COMMISSION OF HUMAN RIGHTS HEAD XXII - STAFF Sub-head 104 - Remuneration of staff recruited on established posts + 330,500
HEAD XXIII - OPERATIONAL EXPENDITURE Sub-head 109 - Travel expenses and allowances + 210,000
VOTE V - EXPENDITURE OF THE STANDING CONFERENCE OF LOCAL AND REGIONAL AUTHORITIES OF EUROPE HEAD XXIV - TRAVEL AND SUBSISTENCE FOR MEMBERS OF THE STANDING CONFERENCE OF LOCAL AND REGIONAL AUTHORITIES OF EUROPE Sub-head 116 - Meetings and liaison between members of committees and the Bureau + 53,000
Article 2
The estimate of receipts entered under Sub-head 6 - Sundry receipts - in the ordinary budget for 1989 is increased by FF 4,138,209.
Article 3
Having regard to the initial appropriations and the amendments introduced by this Resolution, the ordinary budget of expenditure is increased from FF 432,846,400 to FF 435,206,400, and the ordinary budget of receipts from FF 432,846,400 to FF 436,984,609.
Article 4
The supplementary estimates approved in this Resolution shall be financed from the contribution of Finland to the 1989 ordinary budget and therefore not require additional contributions from other member States.