Communication from the Committee of Ministers presented by
Joseph BORG, Minister for Foreign Affairs of Malta, Chairman-in-office of the Committee of Ministers
28.01.2003

Mr Secretary General,
Honourable Members,
Ladies and Gentlemen,

It is a great privilege to address this distinguished Assembly. Indeed I am honoured to have this opportunity to report to you on the activities of the Committee of Ministers since Malta took up the Chair.

Before I do so however, allow me to extend my warmest wishes to you and your families for this New Year. Let us hope that it will be a year of achievement in which barriers are dismantled and replaced instead with consensus and co-operation.

The past has shown us that dramatic, and sometimes even shocking, events are becoming more and more a part of our daily life. Very often, due to their wide-reaching effects or heavy costs, they demand our immediate attention and concerted action in order to overcome any negative consequences. This kind of gathering has often been instrumental in ensuring that such responses are taken in a timely and effective manner. I therefore welcome this regular dialogue and would urge you to continue to use this medium for the very necessary flow of information between the Committee of Ministers and the Parliamentary Assembly.
Having said that, allow me to focus on recent events which merit our attention.

I shall turn first to South East Europe, where the stability of this region continues to be a priority. In this regard, we would like to see the Federal Republic of Yugoslavia become as soon as possible a member of the Council of Europe.

The Committee continues to monitor closely developments in this country, on the basis of the conclusion agreed during the 111th Session. The successive elections that were held in the last months of 2002 however have given rise to rather ambivalent reactions. We have noted with satisfaction that the polls were largely in line with international standards, yet we noted with regret, the high degree of radicalisation and the low voter turnout, both of which failed to produce the results expected from democratic elections.

Conscious of the political climate and the difficulties faced by the leaders of Serbia and Montenegro, I urge the authorities to carry out their obligations to adopt the Constitutional Charter as the accession of the Federal Republic of Yugoslavia to the Council of Europe, depends on this most urgently.

I welcome the positive provisional conclusions that can be drawn from the first eight months of the implementation of the post-accession strategy of our latest member, Bosnia and Herzegovina. In this regard, may I remind you all of the programme of assistance adopted in the accession context and the specific monitoring procedure put in place in the framework of the Rapporteur Group for Democratic Stability. An important milestone has been marked by the presidential and parliamentary elections which took place on 5 October. Further progress in the reforms must follow.

Further to the question of enlargement, I would like to inform the meeting that I am also paying close attention to Monaco's progress vis-à-vis its application, where this includes dialogue between the Parliamentary Assembly and the authorities of Monaco and the adoption last year of constitutional amendments and changes to the electoral law in Monaco. I will follow with interest the conduct of the parliamentary elections in the Principality on 9 February. That will be an important milestone in the process that should enable Monaco to join the family of democratic European nations in the near future.

With regard to Belarus, I welcome the December agreement signed between the government of Belarus and the OSCE for the OSCE mission to return to Minsk. However I regret to note that progress is slow. I therefore would like to call on the relevant authorities to take tangible action to bring their country out of this deadlock. I appeal to the Belarusian parliamentarians present today to convince the Committee of Ministers that their country is ready to make the fundamental strategic choices and follow the steps of the other European countries' governments in the wake of the fall of the Berlin Wall. I look forward to furthering the co-operation and commitment of the Parliamentary Assembly to assist Belarus in taking steps in the right direction.

The Committee also continues to monitor major political events in the three countries of the Southern Caucasus. Focus continues on the post accession obligations of Armenia and Azerbaijan to find a solution on the Nagorno-Karabakh conflict. Last week the Committee had an exchange of views on this with the Special Representatives of the Presidents of Armenia and Azerbaijan, and the Co-Chairmen of the OSCE "Minsk Group". I appeal to the two member states to engage in additional efforts and constructive dialogue, aimed at finding a peaceful solution to this conflict, and at fulfilling the commitments they undertook two years ago.

As has been pointed out by my predecessor, Georgia continues to need our attention and assistance. On the advice of the Secretary General and following a fact-finding Mission in Georgia, the Committee is studying the proposal that Georgia should benefit from regular and focused monitoring. Progress would be reviewed on a six monthly basis. The first areas that would be focused upon, would be the preparations for the forthcoming elections, judicial reforms and the fight against corruption.

Chechnya continues to be an important item on the Ministers' Deputies' agenda. The Secretary General regularly updates the Committee with reports received from his experts assisting the Office of the President of the Russian Federation's Special Representative for Human Rights and Civil Freedom in Chechnya. This is substantiated by an additional assessment by the Secretariat on the state of democracy, human rights and the rule of law in Chechnya. The tragic hostage-taking event last October in the Doubrovka theatre in Moscow and the attack on the Republic of Grozny are of major concern. They reaffirm the need for more constructive efforts in this region. It is a welcome sign that the mandate of the Council of Europe has recently been prolonged for the coming six months.

May I take this opportunity Mr President, to congratulate you on your efforts and resolve to look for a political settlement. May I also congratulate you on the positive outcome of your recent talks with President Putin in Moscow and his acceptance of your invitation to address the Assembly at its next session. I have already asked to be informed of the outcome of the debate which you will hold tomorrow afternoon on this matter.

I would also like to salute the outstanding work of the rapporteurs who are energetically contributing to ease the sensitive situation in the Chechen Republic. Lord Judd, Mr Bindig and Mr Iwinski, your efforts and the Assembly's action in this connection, are highly appreciated.

Our fight against terrorism has now taken on a more concrete shape and form. This was one of the key topics discussed at the 111th Session of the Committee of Ministers in Strasbourg. The Ministers assessed the progress made on each of the three cornerstones they had defined a year earlier, namely: intensifying legal cooperation to combat terrorism, safeguarding fundamental values and investing in democracy. I look forward to the adoption of the Draft Protocol amending the Convention on the Suppression of Terrorism in 2003 which should be made in the light of your opinion later on this week.

The proposal to hold a third Council of Europe Summit continues to be a topical subject in the parallel debates which are currently taking place both in the assembly and in the working group on institutional reforms. The Committee of Ministers is fully aware of the importance of in-depth and regular dialogue with the Parliamentary Assembly on this matter, which is crucial to the future of the Council of Europe. The basis of these discussions was set up during the 111th Session of the Committee of Ministers, where the Ministers agreed on the importance of holding a third Summit in the context of an evolving European architecture. Deputies were instructed to define the theme and its organisational arrangements in preparation for the 112th Session, which I will be chairing. Allow me to take this opportunity to reaffirm Malta's support for the holding of this summit.

One of our priorities in the last few sessions of the Committee of Ministers, has been the European Court of Human Rights and its need for restructuring in order to retain its long term effectiveness. You are all aware of the intense case load and lack of resources which are seriously jeopardizing the workings of the Court. Clear progress has been made in this area, most recently with the approval of a programme that boosts the resources of the European Court of Human Rights and the departments involved in the execution of its judgements, for the period from 2003 to 2005.

Mr President,

It is with pleasure that I refer to the recent decision of the Committee of Ministers to formally invite you to participate regularly in all our future Committee of Ministers meetings. Your practical input in our recent meetings, and that of your predecessors in the informal meetings, has contributed to our continued efforts for co-operation and is indicative of the need for this dialogue to be placed on a more sure footing. I look forward to receiving you in the next meeting which I will be chairing.

Mr President,

Permit me at this juncture to focus on Malta's programme of priorities and the activities undertaken since I took up the Chair of the Committee of Ministers on the 7th of November. The programme focuses on three areas: the promotion and protection of democracy, the rule of law and human rights; the promotion of social rights as an essential component of the European way of governance; and Europe's Mediterranean dimension.

Eleven days into our Presidency, we had the pleasure of receiving the Standing Committee, including yourself. Malta welcomes the new role of the Standing Committee and this visit at the start of our term of office. Appreciative of the importance of enhanced co-operation between the Parliamentary Assembly and the Committee of Ministers, we look forward to this dialogue continuing, thus contributing to our common understanding of the needs of the Council of Europe.

A week earlier, we held our first event, the conference on Access to Social Rights which took place on the 14-15 November. This conference focused on the report presented by Professor Mary Duly, which identified a number of obstacles preventing access to social rights. It also provided us with some Principles of Good Practice, which call for the need for services to be designed on the basis of users' needs. The report also called for partnerships to be entered into between the private sector and civil society. In the ensuing workshops, participants were asked to examine fundamental issues raised in the report and to put forward solutions on how to bridge the gap between legal provisions and the implementation of access to social rights through effective policies and social provisions.

In the context of furthering dialogue with our neighbouring Mediterranean countries, we welcomed the participation in this conference of representatives from non-member states, from the southern sphere of the Mediterranean. Other participants included, representatives from civil society and international organisations. All were instrumental in giving a holistic and practical approach to the policy guidelines that were a result of this conference. In the "Malta Declaration" that was adopted, participants called on governments and other partners to promote access to social rights and to carry out the necessary follow up mechanisms.

Another event which falls under the socio-cultural aspect of our programme is the Mediterranean Conference on Migration which is scheduled for April of this year. May I refer you to the Final Declaration, adopted at the Ministerial Conference in Helsinki last September 2002, which calls for regular dialogue and partnership between countries of origin and transit and destination countries to ensure orderly migration, social cohesion and to preserve the rights of the individual. As a follow-up, participants will be asked to identify the root causes of migration and the measures to be incorporated into internal policies. Examples of these are the promotion of democracy and human rights, strengthening national economies, the dissemination of information on migration issues and tougher laws on traffickers. Participants will include representatives of governments and non governmental organizations from member states and the Mediterranean.

As you may have noted, our chairmanship attributes great importance to co-operation with other international organisations. Last December, following an intense period of negotiations headed by the Maltese Permanent Representative in New York, in co operation with many of you, the United Nations General Assembly adopted the resolution on co operation between the United Nations and the Council of Europe with 92 in favour, 0 votes against and 65 abstentions. I am told the major bone of contention were our guidelines on terrorism, Protocol no 13 and the International Criminal Court. I am grateful to those states who reiterated their appreciation for the existing co operation between the United Nations and the Council of Europe.

Mr President,

In the context of promoting a death penalty free zone, both within Europe and with our observer states, I would like to inform you that further to the communication of the Secretary General and following the decision of the Committee, I have sent a letter to the outgoing Governor of the State of Illinois, congratulating him on the commuting of the death sentences of 167 condemned persons.

I have just sign a letter to the Ukrainian authorities drawing their attention on the situation of the media in Ukraine and to the problems identified in the recommendations of the experts' report.

Turning back to the Mediterranean, I would like to say a few words on positive developments underway in Cyprus and Turkey.

I welcome the very positive developments and reforms undertaken by the new government of Turkey. As an applicant to join the EU, Turkey has a number of very significant steps to make in the coming years. Major points of satisfaction include the lifting of the 15 year-old state of emergency in Eastern Turkey and the signature, a fortnight ago, of Protocol No. 6 to the European Convention on Human Rights concerning the abolition of the death penalty in times of peace.

The Committee is impressed by the process of legal and constitutional reform in Turkey. This programme of reform has already had considerable impact on the Committee of Ministers' work on the execution of judgments of the European Court of Human Rights. I followed with greatest interest, the statement made by the Turkish Prime Minister, Mr Abdullah Gül, yesterday afternoon before this Assembly, confirming Turkey's commitment to Europe and its values.

The Committee continues to monitor the situation in Cyprus, which is a regular item on the Ministers' Deputies' agenda. I would like to refer to the Secretary General's recent visit to Cyprus at the beginning of this month and congratulate him on his efforts to facilitate the required political settlement. I share his thoughts in calling on the various parties present today, to continue their constructive dialogue and to endorse the United Nations plan. I welcome the decision taken at the Copenhagen European Council, which will enable Cyprus to join the European Union next year, together with Malta and eight other countries.

In conclusion, I would like to remark that I fully support the Council of Europe's concerted efforts - in which the Parliamentary Assembly plays a very active role - to assist the Moldovan authorities with the difficult democratic transition process the country is undergoing. Malta has already made contact with the future chair to ensure continuity. We are confident in the capacity of Moldova to meet this important responsibility. In this context, I strongly encourage the parliamentarians of Moldova, to continue to bring their differences to the Round Table and to find solutions to overcome the political difficulties their country is today facing.

I now refer you to the document which has been distributed for a more detailed report of the activities of the Committee of Ministers. I am also at your disposal to answer any questions you may have.

Thank you.