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(89) 426 Conclusions 426Th Meeting Of 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 - i - CM/Del/Concl(89)426 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 CM/Del/Concl(89)426 - ii - 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 - iii - CM/Del/Concl(89)426 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 CONFIDENTIAL - 1 - CM/Del/Concl(89)426 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 CM/Del/Concl(89)426 - 2 - 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 CONFIDENTIAL - 3 - CM/Del/Concl(89)426 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 CM/Del/Concl(89)426 - 4 - 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.
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