Information Documents

SG/Inf(2020)8

2 June 2020

______

Follow-up to the decisions on civil society

______

SG/Inf(2020)8 2

I. The scope

1. The present document contains the Secretary General’s proposals on the implementation of the decisions adopted at the 129th Session of the Committee of Ministers (Helsinki, 17 May 2019) “A shared responsibility for democratic security in – The need to strengthen the protection and promotion of civil society space in Europe”, following the decisions taken at the 1347th meeting of the Ministers’ Deputies who:

a. “invited their Rapporteur Group on Democracy (GR-DEM) to examine options for strengthening the role and meaningful participation of civil society organisations and national human rights institutions in the Organisation, in line with the decision taken by the Ministers and report back;

b. invited the Secretary General to make proposals for further strengthening the Organisation’s mechanisms for the protection of human rights defenders, including the Secretary General’s Private Office procedure on human rights defenders.”

In Helsinki, the Committee of Ministers also agreed to:

c. “invite the Secretary General to explore the possibilities of inviting the relevant human rights NGOs to a regular exchange with a view to further enhancing co-operation between civil society and the and enriching the discussions of the Committee of Ministers and other Council of Europe bodies.”

2. These proposals are built on existing standards1 and practice, including the more recent comprehensive Recommendation CM/Rec(2018)11 of 28 November 2018 on the need to strengthen the protection and promotion of civil society space in Europe, other relevant reflections in particular within the framework of the Warsaw conference on “The Role and Position of NGOs in the Council of Europe” (22 March 2019; DD(2019)427)2, as well as internal meetings convened by the Private Office, including consultations with national delegations and civil society representatives.

3. With the exception of specific activities restricted to member states, nearly all of the Council of Europe’s standard setting, monitoring and co-operation activities involve some level of engagement with civil society. The proposals focus on areas where it was identified that further action was necessary, hence complementing the existing framework of work with civil society which will be pursued. The existing framework is appended to this document. The appendix was prepared on the basis of contributions by the relevant bodies and departments at the request of the Secretary General, also taking into account an overview carried out in 2014.3

1 See in particular, European Convention on the Recognition of the Legal Personality of International Non- Governmental Organisations (ETS No. 124); Recommendation CM/Rec(2007)14 of the Committee of Ministers to member states on the legal status of non-governmental organisations in Europe; the Committee of Ministers 2017 Guidelines for civil participation in political decision making.

2 Organised by the Ministry of Foreign Affairs of the Republic of in co-operation with the Council of Europe and with the participation of the Finnish Presidency of the Committee of Ministers.

3 SG/Inf(2014)23, “Thematic debate on “The Role and Functioning of Non-governmental Organisations (NGOs) in the Council of Europe”.

3 SG/Inf(2020)8

4. The unprecedented crisis created by the COVID-19 pandemic, and the emergency measures taken by member states have also impacted the space for action of civil society and NGOs by sometimes restricting their rights and limiting their interaction with citizens. In such a context, the decisions taken at the Helsinki Ministerial Session take on a new and reinvigorated meaning; their implementation could be seen as one of the elements of the Council of Europe’s response to such a crisis (SG/Inf(2020)11 “A toolkit for member states, Respecting democracy, rule of law and human rights in the framework of the COVID-19 sanitary crisis”).

5. Some of these proposals may require further streamlining in light of ongoing work. It is recalled that following the adoption of Recommendation CM/Rec(2019)6 on the development of the Ombudsman institution accompanied by a selection of good national practices, the Steering Committee for Human Rights (CDDH) has been tasked to proceed by 31 December 2020 with the revision of Recommendation No R(97)14 of the Committee of Ministers to member states on the establishment of independent national institutions for the promotion and protection of human rights.

II. Implementation of decision 1: “examine further options for strengthening the role and meaningful participation of civil society organisations, and national human rights institutions in the Organisation, with the view to increasing its openness and transparency towards civil society, including access to information, activities and events”

6. The essential role played by civil society vis-à-vis the Council of Europe’s mission and the tangible and diverse ways of this contribution is detailed in the appendix.4

7. It was however considered, as also highlighted in the Warsaw conference, that access to the Council of Europe can be further enhanced so as to ensure better and more timely information on the Organisation’s activities enabling civil society to effectively contribute to the Council of Europe’s priorities. The following proposals constitute a first response to this call. They would be tested through implementation; additional measures could be considered in the future in light of available resources.

• develop a handbook/e-handbook to inform civil society/NGOs about the different forms of access/co-operation/input/participation/partnership which they can pursue within the Council of Europe;

• create a civil society portal available from the main Council of Europe website which would help NGOs navigate the Organisation’s website to find the right institutional or Secretariat address/contact point for the type of co-operation they seek or can provide – increasing transparency towards civil society about the structural forms of co-operation they may be able to develop;

• implement an online calendar of events in order to help civil society to identify ongoing or upcoming events, actions, initiatives presenting opportunities to participate which may be accessible to them.

4 See also Evaluation of the contribution of NGOs to standard setting and monitoring, Directorate of Internal Oversight, 2016. SG/Inf(2020)8 4

III. Implementation of decision 2: “further strengthen the Organisation’s mechanisms for the protection of human rights defenders, including the Secretary General’s Private Office procedure on human rights defenders”

8. In addition to the judicial protection offered by the European Convention on Human Rights (“the Convention” or “the ECHR”), and the European Court of Human Rights (“the Court”), the Organisation’s mechanisms related to human rights defenders have been significantly developed in recent years with a view to enhancing their protection in the light of the Declaration of the Committee of Ministers on Council of Europe action to improve the protection of human rights defenders and promote their activities of 6 February 2008.

9. The Parliamentary Assembly’s work has been streamlined, notably with the ratification of the terms of reference of the General Rapporteur on the situation of human rights defenders on 8 October 2018.5 The Commissioner for Human Rights’ specific duty to work on issues related to human rights defenders is highlighted in the above-mentioned Declaration. Throughout the years, the Commissioner and her predecessors have used various tools in the framework of their mandate with the aim of improving the situation of human rights defenders, assisting them when they are at risk and promoting their work.6 This constitutes a priority action for the Commissioner. A comprehensive overview of both procedures is presented in the appendix.

10. The Private Office procedure of 2017 is specific and distinct from the procedures of the European Court of Human Rights and the activities of the Parliamentary Assembly and the Commissioner for Human Rights. In addition to the regular meetings that the Secretary General has with NGOs in Strasbourg and in member states, this procedure aims at assisting human rights defenders7 who allege that they have been subject to reprisals for their interaction with the Council of Europe. Since 2017, the Private Office sought the experience of other international organisations with similar procedures. Discussions have also been held with national delegations and civil society as well as with all Council of Europe stakeholders concerned.

11. Consequently, and in response to the Helsinki decision, the operating criteria have been reviewed. Following their presentation at the 1351bis meeting of the Ministers’ Deputies (10 July 2019; see SG/Inf(2019)22), all major administrative entities were informed of this through a detailed memorandum and information was published on the website: https://www.coe.int/en/web/secretary-general/procedure-human-rights-defenders.

5 See information note by Mr Raphael Comte (Switzerland, ALDE), the PACE General Rapporteur on the situation of human rights defenders. At present, Ms Alexandra Louis (France, ALDE) is the (second) General Rapporteur.

6 See the Reply adopted by the Committee of Ministers on 5 April 2017 (CM/AS(2017)Rec2085-final), “Strengthening the protection and role of human rights defenders in Council of Europe member states”, Parliamentary Assembly Recommendation 2085 (2016) at the 1283rd meeting of the Ministers’ Deputies.

7 With reference, inter alia to the UN Declaration on Human Rights Defenders, the Declaration of the Committee of Ministers on Council of Europe action to improve the protection of human rights defenders and promote their activities, the Guidelines on Human Rights Defenders.

5 SG/Inf(2020)8

12. The procedure operates as follows:

• It allows external direct reporting (e.g. by human rights defenders, NGOs) in addition to information from Council of Europe entities;

• It can be triggered on the basis of information provided to the focal point in the Private Office;

• This information should include precise elements regarding the persons/entities subject to the alleged reprisals (name, status, functions and the nature of their co-operation and/or interaction with the Council of Europe); information as to the nature of the alleged incidents (when, where and how they have occurred and by whom);8

• The focal point, in co-ordination with the entities concerned, seeks to determine the accuracy of the allegation and define adequate follow-up action. Internal consultation shall be ensured with the Parliamentary Assembly and the Commissioner for Human Rights. The Registry of the Court shall be systematically informed of the allegation;

• The assessment considers whether the reprisal or risk thereof meets a minimum level of severity, upon which it will warrant consideration. The assessment of this minimum level depends on the circumstances of the case; there should be a reasonable degree of causality between the interaction or the intention to interact and the alleged reprisal; a submission that is too vague or general, contains misleading information, makes use of offensive language, is based on inaccurate facts or spurious allegations, or is in any other way unsubstantiated, will not be considered;

• The assessment and the proposals for follow-up action are submitted to the Secretary General.

13. This procedure is under the Secretary General’s oversight. A report on the type of cases will be presented annually to the Committee of Ministers, or more regularly if circumstances so require.

14. In light of the above, it is therefore concluded that the Organisation has developed and significantly strengthened its arsenal of protection of human rights defenders. Focus should be placed on internal and external co-ordination and co-operation. To this end, the Private Office will pursue co-ordination with all relevant bodies and entities concerned in the context of its specific procedure, also with the objective to exchange information with a view to ensuring continuous complementarity. The Secretary General will also seek to strengthen co-operation with other international organisations operating similar procedures (EU, UN and OSCE), including via working meetings between the various secretariats to ensure co-ordination and information-sharing. This topic can also be part of the proposals regarding the discussions in the Committee of Ministers (see Part IV below: Implementation of decision 3).

8 Reprisals may include travel bans, threats, judicial or administrative measures. SG/Inf(2020)8 6

IV. Implementation of decision 3: “invite the Secretary General to explore the possibilities of inviting the relevant human rights NGOs to a regular exchange with a view to further enhancing co-operation between civil society and the Council of Europe and enriching the discussions of the Committee of Ministers and other Council of Europe bodies”

15. The Committee of Ministers has an annual exchange of views with the President of the Conference of INGOs and regular exchanges through its Rapporteur Groups. Exchanges and co-operation also take place in the context of NGO participation in the standard-setting, monitoring and co-operation activities of the Council of Europe, in addition to the institutionalised role that NGOs have with the European Court of Human Rights (third party interventions) and the European Social Charter in the framework of the collective complaints procedure (see appendix). Furthermore, NGOs can submit communications to the Committee of Ministers in the framework of the supervision of the execution of judgments of the Court (Rule 9) and delegations regularly participate in informal meetings convened by specialised NGOs prior to the human rights meetings of the Ministers’ Deputies. Finally, representatives of national and international NGOs are always invited to high-level conferences.

16. An immediate response to the Helsinki decisions, was the organisation on 5 September 2019 of the Informal meeting of the Ministers’ Deputies on the respective contributions of national human rights institutions and ombudspersons to human rights and the rule of law which brought together presidents of national institutions including the President of the European Network for National Human Rights Institutions (ENNHRI) with whom the Council of Europe closely co-operates.

17. It appears, however, from various reflections and calls, including in the Warsaw conference, that there is room for enhanced interaction with the Committee of Ministers to address matters of common interest, not least regarding the longer-term future of the European Convention on Human Rights, which civil society supports through interaction with a wide range of actors.9

• It is therefore proposed that the GR-DEM, GR-H and GR-J devote once a year one of their meetings to exchange with civil society on common priority issues regarding democracy, human rights, and the rule of law respectively. An exchange on a theme pertaining to democracy could take place around the International Day of Democracy on 15 September. This format would facilitate a substantive debate between decision- makers and civil society in a regular, transparent and organised manner;

• As a complement, so as to ensure a wider exchange of views on the state of implementation of Council of Europe standards related to civil society, related good practice and outstanding difficulties encountered, it is also proposed to consider the feasibility of holding an annual forum with the participation of civil society, organised by the Secretary General with all stakeholders concerned (Committee of Ministers, Parliamentary Assembly, Commissioner for Human Rights, INGO Conference, relevant steering committees and other international actors) and open to all delegations.

9 See CDDH report, “The longer-term future of the system of the European Convention on Human Rights”, 11 December 2015; § 35. 7 SG/Inf(2020)8

Appendix: Interaction between the Council of Europe and civil society

I. Standard-setting, monitoring and co-operation activities of the Council of Europe

With the exception of specific activities restricted to member states, nearly all of the Council of Europe’s standard-setting, monitoring and co-operation activities involve some level of engagement with civil society. The participatory status with the Organisation, of which some 315 INGOs currently benefit, provides access for civil society organisations to opportunities to observe, contribute or collaborate in the Organisation’s activities and institutions. The Conference of INGOs has designated representatives participating in some 33 intergovernmental committees. Additional civil society expertise is solicited or accepted in the process of drafting instruments, of preparing monitoring reports, of planning, implementing and evaluating co-operation projects. Civil society organisations and NGOs are often partners in the implementation or the organisation of major events and co-operation activities, including in the framework of partial agreements. What follows is an extensive, but not exhaustive, illustration of the diversity of civil society interaction with the Council of Europe.

A. Standard-setting activities

Under the Committee of Ministers’ guidance, the Steering Committee for Human Rights (CDDH) conducts the intergovernmental work of the Council of Europe in the human rights field. It has a focus on organisations which protect and promote human rights, including freedom of association, and has prepared Recommendation (2018)11 of the Committee of Ministers to member states on the need to strengthen the protection and promotion of civil society space in Europe.

The CDDH works in close co-operation with the most significant representatives of civil society in this sector, in particular with the Conference of INGOs of the Council of Europe and a number of non-governmental organisations among which Amnesty International, the International Commission of Jurists (ICJ), the European Trade Union Confederation (ETUC), the International Federation of Human Rights (FIDH), the European Roma and Travellers Forum and the European Network of National Human Rights Institutions (ENNHRI). Depending on the topics on its agenda, other representatives of civil society are usually invited to plenary meetings (for instance, the Conference of European Churches (CEC)) or to specific drafting groups (e.g. human rights and business; female genital mutilation and forced marriage) or workshops.

The CDDH conducted specific action concerning human rights defenders and national human rights institutions: after having submitted in 2019 a draft Recommendation Rec(2019) to the Committee of Ministers on the development of the Ombudsman institution, adopted on 16 October by the Ministers’ Deputies (CM/Rec (2019)6) accompanied by a selection of good national practices, the CDDH is proceeding to the revision of Recommendation No R(97)14 of the Committee of Ministers to member states on the establishment of independent national institutions for the promotion and protection of human rights (deadline: 31 December 2020).

SG/Inf(2020)8 8

The active participation of civil society in the work of the Committee on Bioethics (DH-BIO) is organised through: invitation of a representative of the Conference of INGOs to participate in all plenary meetings; invitation of relevant (umbrella) INGOs to participate in all plenary sessions relating to specific standard-setting activities; targeted consultation meetings with relevant INGOs during standard-setting procedure; open public consultation on a draft text during standard-setting; outreach to relevant INGOs for other Committee projects (e.g. mapping studies).

The European Committee on Legal Co-operation (CDCJ) has a particular focus on following Treaty No. 124 on the Recognition of the Legal Personality of INGOs and produced Recommendation (2007)14 on the legal status of NGOs The Expert Council on NGO law of the INGO Conference participates regularly in the plenary meetings of CDCJ. It is a practice of CDCJ to involve international NGOs in its working groups on standard-setting, either formally as observers (e.g. the committee of experts on the administrative detention of migrants, and its working group on legal aid) or through consultations and hearings. Civil society organisations also participate in the meetings of the European Committee on Crime Problems (CDPC) as appropriate.

The Steering Committee on Media and Information Society (CDMSI) provides civil society organisations with the possibility of obtaining observer status and participation in expert sub-committees and the process of public consultation of its documents.

The European Committee on Democracy and Governance (CDDG), which has a particular focus on democratic processes, drafted the Committee of Ministers 2017 Guidelines on Civil participation in political decision-making and Recommendation CM/Rec(2018)4 on the participation of citizens in local public life. As the successor to the Committee on Local and Regional Democracy (CDLR), the CDDG has a long tradition of promoting participation at local level. Cornerstones of this work are established legal standards such as the Charter on Local Self-Government (CETS No. 122), the Convention on the Participation of foreigners in public life at local level (CETS No. 144), Recommendation (2001)19 on the participation of citizens in public local life and Recommendation (2009)2 on the evaluation, auditing and monitoring of participation and participation policies at local and regional level.

As set out in its terms of reference, the CDDG closely associates civil society in its work with an emphasis on the participatory aspects of democracy, in line with principle 1 of the 12 Principles of Good Democratic Governance. A representative of the Conference of INGOs regularly participates in the meetings of the CDDG and keeps the Committee abreast of relevant developments in the civil society sector and the Conference.

Several INGOs have observer status within the Steering Committee for Education Policy and Practice (CDPPE). They represent associations of students, teachers or universities and regularly participate actively in the CDPPE meetings. Under the terms of reference of the CDPPE, two representatives of NGOs are also represented within the Bureau without the right to vote.

Civil society organisations, as well as gender equality bodies and national human rights institutions, are natural partners in the implementation of the Council of Europe Gender Equality Strategy 2018-2023. The Gender Equality Commission (GEC) co-operates with civil society and supports its action for the purpose of achieving real progress on gender equality in member states. Amnesty International, Human Rights Watch, the European Women’s Lobby and WAVE (Women against Violence in Europe) have a permanent observer status in the GEC and, depending on the topics on its agenda, other representatives of civil society are invited to plenary or drafting group meetings.

9 SG/Inf(2020)8

The contribution of civil society enriches the work of the Steering Committee on the Rights of the Child. Relevant Council of Europe standards, resources and campaigns are better known and used in Europe and beyond.

The Advisory Council on Youth (CCJ) (composed of representatives of youth NGOs/networks in Europe) conveys the voice of young people to the Council of Europe, notably by advising the Committee of Ministers on youth issues; ensuring that youth policies are mainstreamed into the Council of Europe's work; and by promoting youth policies beyond the Organisation. In addition, the Council of Europe’s co-managed youth statutory bodies (the Joint Council on Youth (CMJ) which brings together the European Steering Committee for Youth (CDEJ) and the CCJ)) are preparing policy standards on protecting youth civil society organisations to ensure young people are able to assume an active role in civil society.

EPAS (the Enlarged Partial Agreement on Sport) includes a consultative body made up of 23 civil society organisations. Civil society has actively participated in the drafting of the sport conventions and plays an important role in the work of their committees.

B. Monitoring and advisory bodies, including the supervision of execution of the judgments of the European Court of Human Rights

In accordance with Rule 9(2) of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements, “the Committee of Ministers shall be entitled to consider any communication from non-governmental organisations, as well as national institutions for the promotion and protection of human rights, with regard to the execution of judgments under Article 46, paragraph 2, of the Convention”.

To promote and enhance the role of civil society in the execution of judgments, in 2019 the Department for the Execution of the Judgments of the European Court created a special webpage for NGOs and NHRIs containing practical information about the execution process and the submission of communications to the Committee of Ministers. The webpage also allows such organisations to sign up for targeted RSS feeds when action plans, action reports and communications concerning a particular judgment, theme or country are published on HUDOC-EXEC. The Department also publishes an indicative list of cases to be examined at the Committee’s next human rights meeting, three months in advance. This information allows civil society actors to follow the execution process and assess when their input will be most useful.

The Department has a strong, long-standing relationship with European NHRIs and their network, the European Network of Human Rights Institutions (ENNHRI), and has partnered ENNHRI in training activities to explain how NHRIs can contribute to the effective execution of judgments. It has also increased its contacts with national NGOs, including through the European Implementation Network, which organises briefings for delegations shortly before the Committee’s human rights meetings.

As a result of these efforts, the number of communications received by the Committee of Ministers from NGOs and NHRIs under Rule 9(2) increased from 79, concerning 19 states, in 2017; 64, again concerning 19 states, in 2018; to 133, concerning 24 states, in 2019. These communications play a key role in assisting the Department and the Committee in making a thorough assessment of the sufficiency of the measures taken by states to execute the Court’s judgments. SG/Inf(2020)8 10

The additional protocol of 1995 to the European Social Charter (CETS No. 158) has institutionalised the participation of INGOs holding participatory status with the Council of Europe by providing for a system of collective complaints enabling INGOs to apply to the European Committee of Social Rights with allegations of non implementation of the Charter. Almost 200 complaints have been submitted to the Committee under this procedure.

In addition, civil society (and other) organisations participate in the collective complaints’ procedure in the form of third party submissions and in the reporting procedure, in the form of comments to national reports. A very active academic network contributes to disseminating information and increasing knowledge about the Charter and its case law. Finally, many civil society organisations are regularly invited and participate in the activities and meetings of the CoE-FRA-ENNHRI-EQUINET Collaborative Platform on social and economic rights.10

Before carrying out a periodic or ad hoc visit to a country, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) usually consults various civil society organisations and human rights defenders. During every visit, meetings with representatives of international and/or national non-governmental organisations and human rights defenders are an integral part of the programme; international NGOs are often invited to participate actively in the CPT activities (e.g. 30th anniversary of the CPT).

The Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) and the Group of States against Corruption (GRECO) regularly include meetings with representatives of civil society in their onsite visit programmes for their mutual evaluation. These meetings are scheduled in order to discuss the implementation by the assessed country of the respective international anti-money laundering and counter-terrorist financing (AML/CFT) and anti-corruption standards. In the AML/CFT area, these meetings are also relevant as non-profit organisations may be potentially vulnerable to terrorist financing abuse.

The types of contact points between civil society (NGOs) and the Venice Commission are threefold:

i. Legislation on NGOs as the subject of opinions of the Venice Commission:

The Venice Commission has adopted numerous reports and opinions in a number of individual countries. It also contributes to safeguarding freedom of association in its member states through, for instance, general guidelines on freedom of association (CDL-AD(2014)046) and on the funding of associations (CDL-AD(2019)002).

ii. NGOs’ role in democratic law-making: In its opinions, the Venice Commission systematically recommends consultations of civil society as an essential phase of democratic law-making.

iii. NGOs are essential partners in preparing Venice Commission opinions: delegations of the Venice Commission that visit countries in the framework of the preparation of opinions regularly meet civil society to obtain their views and expertise. Information obtained during these meetings –or even before – helps the Commission’s rapporteurs to identify constitutional and legal issues that are important for the opinions.

10 See also the brochure published by the Department of the European Social Charter: How can (I)NGOs engage with the European Committee of Social Rights?

11 SG/Inf(2020)8

NGOs active in preventing and combating violence against women are key actors in the implementation of the Council of Europe Convention on preventing and combating violence against women and domestic violence (“the Istanbul Convention”) which is why, under the Convention, states parties have a legal obligation to recognise, encourage and support their work and to establish effective co-operation with them (Article 9). The Group of Experts on action against violence against women and domestic violence (GREVIO), the independent expert monitoring body established by the Convention, recognises that NGOs and other members of civil society are vital sources of information and that all information received from NGOs is treated as confidential by GREVIO, unless they explicitly request it to be made public (in which case, their contributions are published on the “Country Monitoring” webpage of the Istanbul Convention website). During country evaluation visits, GREVIO delegations hold meetings with NGO representatives.

The Council of Europe Convention on Action against Trafficking in Human Beings provides for co-operation and building strategic partnerships with civil society, which can help governments fulfil their obligations under the Convention (Article 35). Civil society plays an important role in the implementation of the Convention, through awareness-raising, research, training, detecting victims of trafficking, providing them with accommodation and other assistance, and supporting them through the criminal justice process and in order to claim compensation. The Group of Experts on Action against Trafficking in Human Beings (GRETA), the monitoring body set up to supervise the implementation of the Convention, seeks information directly from civil society prior to each country evaluation visit. In the course of each country evaluation visit, GRETA holds meetings with civil society representatives, including specialised NGOs, trade unions, research institutes and bar associations. It also visits shelters for victims of trafficking run by NGOs. Furthermore, NGOs provide feedback on GRETA’s reports and the follow-up given to them, GRETA periodically organises hearings with NGOs, and the Committee of the Parties can also invite international NGOs as observers to its meetings.

Civil society organisations are key partners for the European Commission against Racism and Intolerance (ECRI) in the fight against racism and intolerance. They are vital sources of information on the situation of the groups covered by ECRI’s mandate and on racist and homo/transphobic incidents. They are also essential actors in bringing about real change at domestic level. ECRI systematically meets representatives of civil society during country visits and also reaches out to civil society organisations through the activities of its working group on relations with civil society and equality bodies.

In the context of drafting a country opinion under the Framework Convention for the Protection of National Minorities (FCNM), its Advisory Committee working group meets specialised NGOs and receives information in the form of reports.

In order to monitor member states’ compliance with their obligations under the European Charter for Regional or Minority Languages (ECRML), the Committee of Experts (COMEX) organises on-the-spot visits to countries concerned with a view to meeting both national/regional/local authorities on the one hand and representatives of civil society (dealing with minority languages in areas such as education, judiciary, administration, cultural life, economic life and transfrontier co-operation) on the other. The secretariat of the ECRML also maintains regular contacts with civil society organisations, notably with FUEN, ELEN and NPLD (European-based organisations), but also with national/regional associations, and participates in exchanges with a view to obtaining pertinent information to be used in the drafting of the COMEX country evaluation reports.

SG/Inf(2020)8 12

The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108) provides civil society organisations active on data protection issues, following a specific procedure, with the possibility to become observers and to contribute to its work next to representatives of Parties to Convention 108 and observer states and international organisations. To date, six civil society organisations are observers to the Committee. Civil society organisations are very active in this area, with a very high level of knowledge and technicity and constitute a valuable source of critical information and expert resources. Regular collaboration with them is thus essential for the Council of Europe. Indeed, members of the Committee, the Secretariat as well as the Council of Europe Data Protection Commissioner regularly take part and intervene in events organised by civil society organisations involved in the areas of data protection and privacy.

The contribution of civil society enriches and positively influences the work of the Committee of the Parties to the Council of Europe Convention on the protection of children against sexual exploitation and sexual absuse (Lanzarote Committee). Relevant Council of Europe standards, resources and campaigns are better known and used in Europe and beyond.

C. Co-operation activities

Co-operation activities with civil society contribution

Civil society organisations are key partners of the Council of Europe for its co-operation and assistance activities. They are invited to participate in and/or to co-organise various activities/projects and events in a number of areas in particular: national implementation of the ECHR; media and data protection; trafficking in human beings11, anti-discrimination12 and inclusion13, violence against women14, children’s rights’15, education16 and the HELP Programme17 to name a few.

11 For instance, NGOs are co-implementing partners in the CoE/EU Horizontal Facility programme for Western Balkans and Turkey, where they play an active role in the projects’ decision-making process as members or observers in the steering committees and contribute to research, raising awareness and training activities.

12 Conferences, round tables or other follow-up events are organised with equality bodies and aimed at representatives of civil society and the national authorities, the main objective being to encourage all parties to ensure that ECRI’s recommendations are effectively implemented.

13 NGOs support the follow-up to the Council of Europe’s monitoring bodies recommendations in relation to the implementation of anti-discrimination legislation; capacity building training sessions are organised for the Roma and Travellers’ organisations that have the role of support organisations for the Council of Europe projects and programmes; NGOs actively participate in the Intercultural Cities Programme (ICC).

14 The Council of Europe projects on violence against women and domestic violence, including in non-member states like Tunisia and Morocco, systematically involve women NGOs and benefit from their expertise in the design and delivery of outputs. In several countries (Armenia, Georgia, the Russian Federation) partnerships with Ombudsperson institutions are established.

15 The Council of Europe Strategy on the Rights of the Child associates civil society with the work in all of its pillars. This includes co-operation with charities, research institutions and professional networks (including the European Network of Ombudspersons for Children (ENOC)).

16 NGOs are an important partner in enforcing our “whole school approach” that helps to ensure the link between schools and their communities and between formal and non-formal democratic citizenship education.

17 The development of HELP courses, though primarily done by legal professionals, has also involved experts with active work in civil society organisations (For example, the HELP course on the Rights of Persons with Disabilities was developed jointly with the NGO ACCESS – the Advocacy Centre on Council of Europe Standards in 2017-2018); NGOs also use and promote the courses.

13 SG/Inf(2020)8

Co-operation activities to strengthen freedom of association and participation of civil society in decision-making and good governance

Several country-specific projects have been implemented over the past several years aiming to provide assistance to member states to improve their legislation pertaining to NGOs and to enhance the level of consultation with civil society in the legislative process. A multilateral project supporting the strengthening of the freedom of association in all member states is in the process of development.

Concerted efforts by the CDDG, the Centre of Expertise for Good Governance, the Congress of Local and Regional Authorities of the Council of Europe and the Conference of INGOs has led to co-operation projects to enhance civil participation in political decision-making, particularly at local level,18 and to collect good practices at all levels to serve as case studies and educational tools for training both civil society and public authorities in participation processes, tools and methodologies in the interests of good governance19 and active citizenship in democracy. Civil society organisations are essential stakeholders in the field of elections, next to public institutions such as Central electoral commissions, as they support initiatives aiming at increasing the participation of certain categories of voters, such as women and youth. Training and facilitating the civil observation of elections also constitutes an important segment of the work of the Council of Europe to restore the trust of citizens in electoral processes in member states.

The World Forum for Democracy annually engages civil society in all aspects of the event from its conception to its execution. Hundreds of NGOs and other civil society representatives attend as participants and presenters, and their interaction with elected officials, international organisations, the private sector and academia represents an essential element of the Forum. Together with the Schools of Political Studies,20 the Forum provides a platform for the largest mobilisation of civil society under the aegis of the Council of Europe.

18 Over the years, the Centre of Expertise for Good Governance has established practical tools to help local authorities deliver better governance also by strengthening civil participation. These include CLEAR – a self- assessment tool – and two toolkits on Civil Participation in Decision-Making, which were updated in April 2020. The tools are implemented in the context of co-operation projects in Council of Europe member states.

19 Civil participation is an integral feature of good governance and as such it is taken into account in the process leading to the award of the European Label of Governance Excellence (ELoGE), a distinction which is granted to municipalities who can demonstrate compliance with the 12 Principles of Good Democratic Governance. In this context, a representative of the Conference of INGOs is Vice-Chair of the European Stakeholders’ Platform, the Council of Europe body which accredits entities to award ELoGE. In addition, any municipality applying for ELoGE is requested to carry out a public survey for civil society to rate the municipality performance in the different aspects of good governance.

20 The Council of Europe Schools of Political Studies were established to train future generations of political, economic, social and cultural leaders in countries in transition. With the participation of national and international experts, they run annual series of seminars and conferences on topics such as European integration, democracy, human rights, the rule of law and globalisation. The first School of Political Studies was created in Moscow in 1992 by a group of civil society activists seeking to promote democratic values. Since then, 20 other schools have been set up along the same lines; a genuine network now covering the whole of Eastern and South-Eastern Europe and the Caucasus, as well as some countries in the Southern Mediterranean region.

SG/Inf(2020)8 14

Co-operation activities to support youth civil society organisations

Youth organisations and networks are Council of Europe partners in the programmes of the European Youth Centres (EYCs) in Budapest and Strasbourg; every year some 700 youth leaders, active in youth organisations, take part in study sessions, trainings, youth peace camps, seminars, conferences, etc. Their involvement reinforces the sustainability of their organisations as well as their governance structures and methods. Specific efforts are made to support European youth organisations and networks of under-represented youth groups such as young Roma and refugees.

The EYCs also serve as models to member states and States Signatories to the European Cultural Convention which subscribe to and promote the values and youth policy priorities of the Council of Europe through the Quality Label of European Youth Centres. The Label has gained both social and political recognition across Europe as a sign of excellence in youth work and outreach to youth civil society at national and European levels.

Co-operation activities in member states support youth organisations and networks in being recognised as partners in youth policy programmes by public authorities and strengthen the understanding and protection of diversity and plurality of youth civil society movements and organisations.

In addition, the European Youth Foundation (EYF) provides funding for projects of youth NGOs and networks, addressing the Council of Europe youth sector’s priorities.21 The EYF-funded projects support access to rights, including human rights education, social rights for young people from disadvantaged neighbourhoods, youth critical thinking and media literacy. Projects help strengthen youth participation in political life, in decision-making and actions at local and regional levels. The EYF also funds projects aiming to prevent and combat all forms of discrimination, promoting gender equality, supporting intercultural dialogue and peace-building, as well as the inclusion of young refugees and migrants. The EYF also offers educational support to youth NGOs on the content, quality and methodology of their projects.

Platform for the Protection of Journalism and the Safety of Journalists

On 4 December 2014, the Council of Europe and the Platform's Partner Organisations (Reporters Without Borders, the International Federation of Journalists, the European Federation of Journalists, the Association of European Journalists and Article 19) signed a Memorandum of Understanding. Today, 14 international NGOs and associations of journalists are partners to the Platform. In conformity with the Memorandum, the Platform allows the contributing partners to post alerts, subject to their own verification processes and standards. Each contributing partner is responsible for the information which it posts.

When the circumstances allow it, the Council of Europe and a member state which is directly referred to in information posted on the Platform may post reports on action taken by their respective organs and institutions in response to that information.

The Platform also highlights the work carried out by the Council of Europe in the field of media freedom, such as texts prepared by the Parliamentary Assembly, standards adopted by the Committee of Ministers and relevant case law of the European Court of Human Rights.

An annual report is published.

21 With an annual budget of approximately 3.7 million euros, the EYF supports around 300 national and international youth activities per year, involving more than 300 000 young activists and youth workers.

15 SG/Inf(2020)8

II. Parliamentary Assembly

NGOs provide input to Parliamentary Assembly (PACE) reports and are in direct contact with members of the Assembly during country visits and during the sessions in Strasbourg in particular. Side-events and hearings with the participation of international and national NGOs contribute to the preparation of PACE reports or facilitate awareness-raising. PACE rapporteurs take into consideration information provided by NGOs in view of the preparation of their reports.

PACE has devoted a number of reports to civil society and human rights defenders and adopted subsequent resolutions and recommendations. Most recently:

- Resolution 2225 (2018): Protecting human rights defenders in Council of Europe member States; - Recommendation 2133 (2018): Protecting human rights defenders in Council of Europe member States; - Resolution 2226 (2018): New restrictions on NGO activities in Council of Europe member States; - Recommendation 2134 (2018): New restrictions on NGO activities in Council of Europe member States.

A new report on restrictions on NGO activities is under preparation.

III. Congress of Local and Regional Authorities

The Congress’s monitoring of the implementation of the European Charter on Local Self- Government includes information and exchange with civil society. NGOs meet members of the Congress during the sessions in Strasbourg and the country visits and contribute to the preparation of reports and events of the Congress.

The Congress offers partnership status to relevant associations: https://www.coe.int/en/web/congress/partnership-status. It has also established co-operation agreements with selected organisations active in the implementation of the Congress’ activities, for example the Conference of European Regional Legislative Assemblies or the Assembly of European Regions, the Association of Local Democracy Agencies and the European Network Training Organisations for local and regional authorities (ENTO).

On 30 October 2019, with its Resolution 452 (2019), the Congress adopted the Revised Code of good practice for civil participation in the decision-making process as a joint initiative with the Conference of INGOs (see also Resolution 385(2015) on “Fostering active citizenship by building partnerships with civil society”). A toolkit including practical examples on how to successfully implement the Code will be prepared.

The Congress also intends to publish, in autumn 2020, the second volume of its Human Rights Handbook for local and regional elected representatives. Dedicated to social rights and building upon the first volume published in 2019, the Handbook will bring together good practices implemented by local and regional authorities with regard to civil society, in the field of social rights such as the right to housing, right to work, right to social protection, education, social integration, etc. It will also include successful examples put in place at the time of the COVID-19 sanitary crisis. The aim is to offer good practices to better implement human rights in European communities on the basis of simple and often low-cost projects. SG/Inf(2020)8 16

IV. European Court of Human Rights

As an international tribunal, the Court’s mission is mainly to adjudicate cases. This, however, does not prevent it from having contacts and interactions with the civil society which are twofold:

First, the third-party intervention mechanism: According to Article 36 § 2 of the European Convention on Human Rights “The President of the Court may, in the interest of a proper administration of justice, invite … any person concerned who is not the applicant to submit written comments or take part in hearings”. Rule 44 § 3 of the Rules of Court specifies that the President can also “grant leave to” intervene, that the participation in a hearing is limited to “exceptional circumstances” and that requests for leave to intervention should be “duly reasoned” and should be submitted “not later than twelve weeks after notice of the application has been given to the respondent Contracting Party” (another time-limit may, in exceptional cases, be fixed by the President).

Thanks to this mechanism, several NGOs engaged in defending human rights or interested in the specific sector of law relevant in a given case, have had, over the years, the possibility to submit their arguments to the Court. Unlike member state interventions, third-party interventions by NGOs are fairly common before the Court. NGOs intervene across a broad spectrum of issues including, but not limited to, the relationship between religion and state, the rights of minorities, the rights of LGBTI people and abortion rights. They also offer a wide range of submissions, which run the gamut from detailed legal submissions to the production of facts and figures, the provision of information on governmental policy, and details on whether there is consensus or a divergence of views amongst member states on certain issues. The Court’s judgments show that NGO submissions are generally valued and sometimes specifically referred to.22

Second, the interaction takes the form of meetings/seminars. It is the practice of the Court to hold, at least once per year (normally in late November/beginning of December) a general meeting with representatives of the main European NGOs, in which an open and fruitful discussion takes place about case law developments and procedural matters. In addition, the Court’s Registry organises, on an ad hoc basis, seminars in which specific topics are discussed and to which also representatives of NGOs with particular expertise in the subject-matter of the seminar are invited. Finally, Judges and Registry lawyers are deployed all over Europe (and even, sometimes, beyond the borders of Europe) in events aimed at disseminating the case law and practice of the Court to different sectors of the civil society (for instance, conferences for journalists on freedom of expression and freedom of the media).

V. Commissioner for Human Rights

Human rights defenders and civil society actors are key partners of the Council of Europe Commissioner for Human Rights. The protection of human rights defenders and the promotion of an enabling environment for their work lie at the core of the Commissioner’s mandate.23 A dedicated page on the Commissioner’s website contains information on the institution’s work in this area.

22 E.g., D.H. and Others [GC], no. 57325/00, ECHR 2007-IV.

23 The Commissioner’s role vis-à-vis human rights defenders is highlighted in the Declaration of the Committee of Ministers on Council of Europe action to improve the protection of human rights defenders and promote their activities adopted by the Committee of Ministers on 6 February 2008 (Article 4).

17 SG/Inf(2020)8

The Commissioner undertakes consultations with civil society and human rights defenders.24 Meetings with representatives of civil society and human rights defenders are an integral part of the Commissioner’s visits to member states, providing a precious opportunity to benefit from local civil society’s on-the-ground knowledge, expertise and insights on selected human rights issues, thereby helping the Commissioner to better focus her dialogue with officials. Outside of visits, the Commissioner and her Office remain in close contact with NGOs and human rights defenders in Council of Europe member states, which permits the institution to keep informed about the human rights situation in the countries concerned on a permanent basis. In Strasbourg, the Commissioner and her team regularly interact with civil society, most notably when the latter are present during sessions of the Parliamentary Assembly, the World Forum for Democracy and other Council of Europe events.

Apart from continuous working-level contacts and co-operation with international non- governmental groups), the Commissioner participates in conferences, round tables and other meetings organised by such entities. The Commissioner also holds thematic consultations with representatives of civil society, and draws upon their expertise while preparing issue papers, human rights comments and other publications. Since 2008, the Commissioner’s Office has been organising annual meetings with different groups of human rights defenders in a round-table format.25

The Commissioner regularly intervenes in situations where the safety or liberty of human rights defenders is at risk, alerting state authorities and other relevant actors, and urging effective action to protect defenders. Most often, this is done publicly, although direct contacts with authorities and “quiet diplomacy” might be used if dictated by the sensitivity of a particular case. Where possible, the human rights defenders/civil society organisations concerned are contacted and queried about what type of action would be most helpful to them.26 By virtue of Article 36 of the European Convention on Human Rights, the Commissioner can take part in the proceedings before the European Court of Human Rights on her own initiative. To date, there have been 13 cases before the Court relating to human rights defenders and the environment for their work where the current Commissioner and her predecessor have intervened.

The Commissioner raises awareness about the situation of civil society organisations through public statements, human rights comments or opinion editorials, and addresses specific recommendations to member states and other stakeholders.27

24 Resolution 99(50) on the Council of Europe Commissioner for Human Rights adopted by the Committee of Ministers on 7 May 1999 provides, inter alia that the Commissioner may act on any information addressed to her by national ombudsmen, individuals and organisations (Article 5).

25 For example, in December 2018, the Office organised a round table gathering more than 40 participants, including human rights defenders, journalists, lawyers, representatives of human rights NGOs and independent experts from 19 European countries, with a view to identifying and assessing current challenges affecting the work of human rights defenders and civil society organisations throughout Europe.

26 All public interventions from the Commissioner in support of human rights defenders at risk can be found on her website, Facebook page and Twitter account.

27 For example, in June 2019, the Commissioner published a human rights comment on the right to a healthy environment, which highlighted the essential role of environmental activists, who all too often risk oppression and intimidation. Also that month, the Commissioner issued a Recommendation on rescuing migrants at sea, in which she paid tribute to the life-saving work of NGOs in protecting migrants in danger and called on member states to better co-operate with them and to actively support their work.

SG/Inf(2020)8 18

With regard to co-operation with other intergovernmental organisations and institutions, the Commissioner is one of the main participants in “inter-mechanisms meetings”, which have taken place on a regular basis since 2008 on the initiative of the Observatory for the protection of human rights defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH) with the aim of discussing the situation of human rights defenders worldwide.

VI. Conference of INGOs

The Conference of INGOs of the Council of Europe is constituted by the 300 or more INGOs with participatory status. It engages directly with its members through its thematic work, issue-specific consultations, public events and its two plenary sessions per year. Since 2018 the Conference has marked World NGO Day with public events highlighting the role of NGOs in democratic society. The Conference engages with member states and with civil society, NGOs in the member states through its several country visits per year. It draws the Organisation’s attention to civil society concerns by adopting resolutions, communicating with the Secretary General and the Commissioner for Human Rights, as well as informing the Committee of Ministers, the Parliamentary Assembly and the Congress. In addition to its representation in steering and intergovernmental committees, it is also a member of the governing body of the North-South Centre. The Conference has established its Expert Council on NGO Law through which it provides legal expertise and studies of provisions/practices which affect the enjoyment of freedom of association in light of Article 11 of the ECHR and related Council of Europe standards.