Statement by Walter Schwimmer - Council of Europe Secretary General
Strasbourg, 22 January 2002
Mr President,
Ten days ago I spoke in this hemicycle with about 700 staff members of our Organisation (another 500 were watching on the intranet). In my speech, I focused on the implications for the Council of Europe of a new staff policy, the implementation of which started a few weeks ago after two years of preparations. 3 days later, in Paris, I met the Bureau of your Assembly to discuss current issues and attended a Euro-Atlantic-Mediterranean think-tank meeting to talk about the world after September 11th. 6 days ago, after intensive discussions, I received a mandate from the Committee of Ministers to negotiate with the Russian authorities the continued presence of the Council of Europe in the North Caucasus. On the same day, our experts arrived again in Znamenskoye in the Chechen Republic following the extension of their mandate until 4 April 2002. The day after, I met the President of the Court of Human Rights to exchange views on the needs of the Court facing a tremendous workload. Last Friday, I discussed with the Organisation's top managers in the Executive Board a revised mandate of the Directorate General of Legal Affairs as part of the ongoing restructuring of the Secretariat General.
You could say, it's business as usual.
My statement to you today comes almost exactly at the half term of my mandate. The "business as usual" I refer to provides an insight into the achievements of the first half-term as well as into what lies ahead of us for the coming two and a half years. I will, of course, focus on what I see as the Council of Europe's main tasks and challenges for the next two and a half years. But, throughout, allow me also to briefly look back and share with you what I consider to be important achievements.
The political context
Mr President,
When I took office, I was determined to ensure that this Organisation's political relevance would increase. I was equally convinced that major internal reform was needed as the set-up of the early 1950s, designed for a small very homogenous group of states, was hardly adequate for the challenges of a pan-European organisation in the third millennium.
I think it is fair to say that on both issues progress is underway, but major challenges remain. When I spoke to you exactly a year ago, I introduced my medium-term priorities. While I firmly believe that these remain valid, it is clear that the terrible events and aftermath of September 11th have obliged the Council of Europe, like all other institutions, to review its priorities.The Council of Europe reacted swiftly to these tragic events which, rather than opening up an entirely new chapter in international relations, perhaps rather dramatically accelerated already existing trends. Right from the outset we made it clear that these attacks were attacks on the very values that the Council of Europe was set up to protect. Rather than a clash of civilisations, it underlined the clash between universal respect for human rights and barbarism.
Together, this Assembly, the Committee of Ministers and the Secretariat General took a series of concrete measures. A multidisciplinary group against terrorism was set up to review the Council of Europe's relevant legal instruments in the fight against terrorism.
Next to our Convention Against Terrorism, which I am pleased to note was signed by all member states at the time of the November ministerial session, these instruments concern money laundering, police and criminal conventions but also our new instrument, the Cybercrime Convention.
In addition, the Steering Committee on Human Rights was charged with developing human rights guidelines for anti-terrorism measures. As was so rightly stated by the European Court of Human Rights, anti-terrorist legislation may pose the danger of "undermining or even destroying democracy on the grounds of defending it". I have repeatedly and publicly expressed my concern about measures which would curtail the rights and freedoms set out in the European Convention on Human Rights. And I didn't hesitate to express my opinion on possible actions taken by an observer state including the use of military courts.
I therefore very much welcome your decision to hold a debate on this crucial issue during this part-session.
In addition to developing our legal arsenal, while maintaining our human rights standards, we are also considering how to tackle the root causes of terrorism. I personally believe that the events of September 11th and the reactions thereto have made it clear that there is a need for increased dialogue between cultures and religions. Therefore, a special meeting will be held in February on the co-ordination and possible joint action between the Council of Europe, the OSCE, the European Union and UNESCO on multicultural and inter-religious dialogue. A joint inventory of programmes and proposals will be considered. We will discuss how we can involve organisations such as the Organisation of the Islamic Conference and the Arab League. We also want to co-operate more closely with member states which have taken valuable initiatives in this respect, for example Austria, Greece, Romania and Turkey.
An important contribution to this debate will be made by our partners in civil society. A meeting with leading NGO representatives took place yesterday, several of whom will also meet with Assembly committees this week.
The events of September 11th proved a major challenge to this Organisation. A major opportunity results from the recent European Council meeting in Laeken with the decision to convene a convention on the future of Europe dealing with the consequences of a future enlarged European Union. The convention is to prepare a constitution for EU citizens by 2004. The outcome of this debate will have a major impact on this Organisation. Among the 50 or more detailed questions this convention is called to examine are the possible accession of the European Union to the European Convention on Human Rights, as well as the possibility of giving the Charter of Fundamental Rights legal force. Needless to say, the answer to these questions will have a major impact on human rights protection in Europe, as well as on the relationship between the European Court of Justice in Luxembourg and our European Court of Human Rights in Strasbourg. Already during the first convention, which drew up the Charter, the Council of Europe, which then had observer status, made a major contribution.
However, the impact of this convention will go well beyond the human rights dimension and touch the very essence of our Organisation. Its outcome will define the relationship between an enlarged European Union and the other half of Europe. I am strongly convinced that a major role remains for the Council of Europe next to an enlarged, and further integrated Union. Many of our member states will not join the Union in the short or medium term and our expertise in democracy, rule of law and human rights remains a unique asset. We must endeavour to ensure that the convention recognises both the capacities of the Council of Europe as an actor and its possibilities as the pan-European political forum.
I very much count on the members of this Assembly who will represent their national parliaments in this Convention, to make our views known. I also look forward to proposals from this Assembly regarding our position.
Mr President,
In my opening I already referred to our continued presence in the Chechen Republic of the Russian Federation where the situation is still critical. Our experts, under very dangerous and difficult conditions, continue to provide us with first-hand information. In addition, they continue to contribute to slow but steady progress in the human rights situation on the ground. Let me salute the important progress made by the Joint Working Group on Chechnya of the Parliamentary Assembly and the Russian State Duma. The agreement on the setting-up of a broadly based consultative council to promote demilitarisation and democratic procedures are important contributions to a political solution, which is indispensable for ending the conflict. On the basis of the mandate given to me by the Ministers' Deputies, I look forward to agreeing with the Russian authorities on the modalities of our continued presence in the region after 4 April 2002. Our future action will complement ongoing co-operation with Russia on two major issues of the present transformation and democratisation process: judicial reform and the reform of federalism and local self-government.
Whereas violence continues in the Chechen Republic, fortunately armed conflict came to an end in "the former Yugoslav Republic of Macedonia". The Council of Europe contributed in no small measure to the negotiations and drafting of the Framework Agreement. In response to a request by the EU special representative, I appointed the Chairman of the Working Group on Legislative Reform for the implementation of the Framework Agreement. However, the situation remains complex and requires continued efforts by the Council of Europe, together with the international community, to co-ordinate reforms still to be undertaken. The reform of local government and the population census foreseen in April 2002 are of particular interest.
This morning's debate in the Assembly on the accession of Bosnia and Herzegovina was of the highest symbolic and political significance. The positive opinion by this Assembly will enable the Committee of Ministers to welcome Bosnia and Herzegovina as a full member of the European democratic family. A post-accession programme of co-operation to help in its democratic reforms is already envisaged.
Co-operation activities with the Federal Republic of Yugoslavia, the candidature of which is also under consideration by your Assembly, have been accelerated during 2001 through the action of the Council of Europe in Belgrade. Besides necessary progress in the field of the judiciary, education, media and co-operation with the International Criminal Tribunal for the former Yugoslavia in the Hague, the federal question remains of paramount importance. The EU High Representative, Mr Solana, has taken a lead in discussions with both Montenegro and the federal authorities. At his request, I put a constitutional law expert at his disposal. The Venice Commission has also provided a preliminary opinion.
The success of the elections to the Kosovo Assembly is to be welcomed. Thanks to the long-term Council of Europe Election Observation Mission, and their observation also by this Assembly, they could be certified by UNMIK. It is now important to accompany the democratic functioning of the Kosovo Assembly and the process of adoption of legislation that is vital to implement UN Resolution 1244. The murder of a Kosovo Assembly member last week shows us how fragile the situation still is.
Unfortunately, last year's presidential elections in Belarus failed, once again, to meet democratic standards. Readiness to end the country's present international isolation and support the emergence of genuine democratic dialogue in the country, however, requires clear signals by the Belarusian authorities, notably on the functioning of the Parliament and freedom of the media, as well as a moratorium on the death penalty.
The invitation extended by your Assembly to a parliamentary delegation and to representatives of the Opposition Council and your discussion with the Minister for Information of Belarus are clear signals from our side of our wish to overcome the isolation. Now we are expecting concrete and substantial progress from Belarus.
The usefulness and necessity of assisting new member states in fulfilling their obligations was evident in the past year in the cases of Armenia and Azerbaijan. I very much appreciate the close co-operation with the Parliamentary Assembly on the question of political prisoners for which I appointed a group of independent experts. Since December last year, Council of Europe human rights and rule of law co-ordinators are present in Baku and Yerevan. There was also a close co-operation with the Assembly as regards Ukraine. An action plan in the media field has been launched and a supplementary joint programme drawn up together with the European Commission.
I must at this stage also repeat my concern about the internal situations in both Moldova and Georgia. In agreement with the Georgian authorities, a Secretariat mission has explored possibilities for specific Council of Europe assistance. The Congress of Local and Regional Authorities of Europe has registered its concern about the development of local democracy in Moldova, which I hope will be heeded by the authorities.
Today I was informed that the Moldovan Government has applied the law on political parties in a way which results in a temporary suspension, for one month, of the Christian Democratic Popular Party. I understand that the decision was taken on the grounds of a violation by this party of the rules concerning public gatherings.
At this moment, I am not informed in full detail. In particular, I do not know whether the public gathering in question caused a major threat to public order. I should say that what happened seems to be a disproportional reaction by the Moldovan Government, which does not correspond to the Council of Europe principle of freedom of expression.
The events of September 11th did provide new impetus for our co-operation with the European Union, the OSCE and the UN agencies, which I already mentioned. It is to be welcomed that the UN General Assembly now holds a regular debate on co-operation with the Council of Europe. And I was pleased to note the active participation in this debate of members of this Assembly. Our links with observer states were also strengthened, as demonstrated by the decision of the Committee of Ministers to invite the United States, Canada, Japan and Mexico as well as the Holy See to be represented at the Ministerial Session last November.
Intergovernmental co-operation
Mr President,
In order to achieve this Organisation's political goals, intensive intergovernmental co-operation is essential.
Our activities follow the five objectives of the Strategic Plan, based on the work of the Wise Persons: human rights, democracy, rule of law, cultural identity, social cohesion. I will briefly indicate progress and priorities in each of these. For the sake of brevity, I will focus only on highlights. The written text of my statement contains more complete information.
Committee of Ministers
The Ministerial Sessions of the Committee of Ministers do not always receive the attention in member states and from the media which, in my view, they deserve. After two and a half years of thorough discussions, the Ministerial Session last May decided on a number of changes. In particular, the Ministers for Foreign Affairs wish to concentrate their session agenda on a very limited number of topics, and they encouraged subsequent Presidencies to co-ordinate their actions. They welcomed my initiative to invite the President of the Parliamentary Assembly to the informal Ministerial meetings the day before the formal sessions, in order to deepen the dialogue and co-operation between the Committee of Ministers and the Parliamentary Assembly.
- To protect and promote respect for human rights in all member states
As you know, I feel very strongly about the Death Penalty, and am therefore particularly happy to report that Protocol 6 to the European Convention on Human Rights, on the abolition of the death penalty in times of peace, has been signed by 42 member states. We are now finalising Protocol 13 on the abolition of the death penalty in all circumstances which is on your agenda. Conventional mechanisms are accompanied by action-oriented human rights co-operation programmes with member and non-member states. For example, the project "Police and Human Rights - Beyond 2000" aims at turning Council of Europe standards into daily police practice.
The Framework Convention for the Protection of National Minorities has now been ratified by 34 States, including Bosnia and Herzegovina and the Federal Republic of Yugoslavia.
The Court of Human Rights, our unique human rights protection mechanism, has undergone a review in 2001, with a view to finding solutions for the steadily-rising volume of judgments and judicial decisions, which have increased by 30% over the last year. The Evaluation Group forwarded its report to the Committee of Ministers in September 2001, and, as a first concrete measure an action plan for additional human resources is now being prepared.
I already mentioned the importance of the Convention decided by the European Union at Laeken. A legal study to identify necessary amendments to the European Convention on Human Rights to enable the European Union to accede is underway.
Combating racism and xenophobia has been an integral part of our activities for human rights for many years now. This work is now being noticed on a global level. I represented the Council of Europe in the World Conference against Racism, where I could present a political declaration, which resulted from the regional preparatory conference we had organised in the autumn of 2000. We are now preparing guidelines for comprehensive anti-discrimination legislation.
Specific groups need particular attention. In this context, work on a convention against trafficking in human beings will start shortly, and an Action Plan against sexual exploitation of children adopted.
Of course, human rights are a central concern of the whole Organisation. As an example, the Youth Directorate has adopted a three-year programme on Human Rights Education, aiming at disseminating factual knowledge as well as helping young people to understand and act according to the Council of Europe's basic values.
- To promote and develop democratic institutions and procedures at national, regional and local level
A wide variety of activities contribute to achieving this aim. Many of them are designed to help member states, especially new member states, to reach Council of Europe standards in this area. Often they are co-financed under the Joint Programme with the European Union.
The work of the Venice Commission for Democracy through Law for the functioning of democratic institutions is widely appreciated. This was recently confirmed by the fact that all 43 member states are now also members of the Commission. This is the first time in the Organisation's history that a Partial Agreement enjoys such success. More and more use is made of the expertise of the Venice Commission by this Assembly, the Committee of Ministers and myself, but also by member countries. Just recently Hungary and Romania based a bilateral Memorandum of Understanding on the opinion of the Venice Commission.
Still, our activities are not always sufficiently well-known. One of the reasons for this is a certain lack of co-ordination and complementarity within the Council of Europe. The Integrated Project "How to make democratic institutions work" aims at drawing expertise on this topic from throughout the Organisation and to elaborate coherent and comprehensive activities promoting democratic institutions and democratic functioning on all levels. A second Integrated Project has been launched on "Violence in Everyday Life" - certainly a very topical issue, you will agree.
It is new for this Organisation to apply working methods which are expected to yield operational results. I shall not fail to inform you regularly about this exciting three-year venture, which may well have an impact on our working methods in general.
- To ensure observance of the rule of lawIn November, the Cybercrime Convention was opened for signature, an invitation taken up by 31 member states. I should like to commend the excellent co-operation between our Assembly and the intergovernmental part of the Organisation in this context. The Convention will be reinforced by a Protocol on Racism on the Internet and a Protocol on Terrorist Messages under Decoding.
The organisation, functioning and independence of the judiciary are particularly important in the fight against organised crime and corruption. We will continue to give much importance to supporting judicial reforms in member and candidate states.
- To promote a European cultural identity with awareness of the cultural identity of Europe and its heritage, with a special emphasis on education
Many of you will remember the activities organised on European Language Day during the September part-session. This was in fact part of the European Language Year, which was a huge success in 45 European countries, attracting several million Europeans of all ages.
Conflict prevention through cultural and educational co-operation continues to be a key objective. Expertise is being provided for education laws in Bosnia and Herzegovina and Kosovo; a cultural heritage action plan was developed for Georgia; and, a joint history textbook for the Caucasus region is being edited. In the same vein, the Committee of Ministers adopted a Recommendation on "The teaching of history in the 21st century", putting down basic principles for history lessons which intend to promote mutual respect and understanding rather than prejudice and stereotypes.We seek co-operation and partnership wherever we can, and I am particularly pleased that we have been entrusted with the co-ordination of Stability Pact activities for both the youth and education sectors. A partnership agreement on youth work training with the European Commission has been renewed for three years.
While the emphasis of activities may change from one year to the next, I consider continuity an important aspect. The European Landscape Convention, opened in autumn 2000 during the Campaign "Europe, a common heritage", has since attracted 23 signatures, although the Campaign itself ended over a year ago.
- To promote tolerance, social cohesion and social rights
The social cohesion strategy launched at the Second Summit of Heads of State and Government is now beginning to bear fruit. In this context, we put a lot of effort into helping member states to ratify the European Code of Social Security. By setting minimum standards for social security provisions, this instrument plays a key role in the fight against poverty, and serves to implement basic economic and social rights. Your support, in your national parliaments, to obtain further ratifications is requested.
The Roma/Gypsies population constitutes, in most member states, a particularly vulnerable group in society. We are currently exploring the possibility of setting up pan-European Roma Advisory Board, which would give the Roma/Gypsies population a voice and could provide a communication channel with your Assembly as well as with other relevant Council of Europe bodies.
One of the biggest problems facing our societies is illegal migration. We consider it essential, and create the necessary conditions, that the countries receiving illegal migrants and their countries of origin try to find a solution for this phenomenon together.
The Council of Europe Development Bank, our tool for promoting social cohesion throughout Europe, is now an official partner of the Stability Pact. The Bank and Council worked closely together for the Social Cohesion Initiative of Working Table II.
I know that, like me, many of you are keen on seeing the Bank's impact in Central and Eastern Europe increased. You will be pleased to learn that with � 430 000 000 in 2001 compared to � 219 000 000 the year before, the loans approved for transition countries has nearly doubled in a year. In addition, about 40% of the approved loans in those countries received interest-rate subsidies. The Bank also made donations of some � 5 300 000 to humanitarian projects in transition countries.
Monitoring
In 2001, two main objectives directed the work of the Council of Europe's Monitoring unit. On the one hand, the unit strove for coherence and attempted to create synergies with the monitoring procedures of this Assembly and of the Committee of Ministers; on the other hand, another main concern was to improve the efficiency of the unit's work. To this end, the monitoring procedures are now more closely linked with co-operation and assistance programmes.
Initiatives set up by the Monitoring unit include the independent expert report on political prisoners in Armenia and Azerbaijan and information and assistance missions to Georgia and Ukraine.
Internal reform
Mr President,
If the Council of Europe is to face the challenges that lie ahead, the ongoing financial and management reform of the Organisation must be continued. In the course of the year, I intend to introduce a Project Management Methodology for the whole organisation. This methodology, based on 1) planning, 2) implementation and 3) evaluation, is already used for the Integrated Projects and Joint Programmes with the European Union. As for financial reform, objective based budgeting, which has been used in 2001 for the intergovernmental co-operation part of the budget, will have to be applied throughout.
This process is further supported by the activities of the Internal Auditor, whose reports on the European Court for Human Rights and other parts of the house provide me with a management tool I wouldn't want to miss.
As I have already mentioned, preparatory work for the implementation of my new staff policy is now finalised. I will propose to the Committee of Ministers to make temporary posts which have a structural relevance permanent. Temporary staff who have been with us for more than three years and meet the necessary criteria may then participate in competitive examinations which will allow them to become permanent members of staff.
Information policy
This is not the first time that I share my concerns about the Council's lack of visibility with you. Yet, important progress has already been made. Our websites are updated regularly and do now enjoy a common presentation. In order to make our values and programmes known to an even wider public, work on portals in other languages has started. A professional network of media relays throughout the continent will help to better disseminate our messages in all member states. I very much appreciate your interest in raising awareness about the invaluable work and values of this Organisation.
New building
I am pleased to announce to you that the Committee of Ministers has given its green light for the construction of a new Council of Europe office building, which will be erected opposite the Human Rights Building. Following a public architects competition, construction will begin in 2003.
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Mr President,
How do I want to see the Council of Europe at the end of my term of office, in about two and a half years time?
A strong promoter and defender of our values on the whole continent and in our relations with the observer states of the Organisation and its Assembly.
A pan-European organisation whose own enlargement has come to a natural end or at least is drawing to a close because Belarus will have chosen the European democratic direction.
A reliable partner of the European Union as the driving force of deeper integration and of the OSCE as the efficient crisis prevention and management institution in Europe.
An effective partner for all our member countries for concrete assistance in areas such as legal co-operation, social cohesion, cultural co-operation including education, youth and sport, and in particular for specific human rights tasks such as protection of minorities, freedom of the media, prevention of torture or combating racism and any form of intolerance and discrimination.
An organisation with the historically and geographically unique supra-national human rights mechanism of the European Convention on Human Rights with the European Court of Human Rights provided with all the financial and personal resources which are needed to protect the fundamental rights and freedoms of 800 million Europeans
An organisation fully committed to its standards and values, with clearly and fairly distributed competences and rights for its organs, the Committee of Ministers as well as the Parliamentary Assembly, and the Congress of Local and Regional Authorities, and with a strong Secretariat of highly motivated and qualified staff.
Or to say in brief: a Council of Europe fit for the completion of the dream of our founding fathers as stated in our Statute: to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress.
Just as you, Mr President, can count on my support for the ambitious programme you presented yesterday, I know I can count on this Assembly's support.
A third Council of Europe Summit, as suggested by you and your predecessor, would provide the strongest possible impetus to the Council of Europe's indispensable part in the developing European political concert.
Let's make this happen.