(10-11 May 2000)
The Committee of Ministers held its
106th Session in Strasbourg on 10 and 11 May 2000 with Mr Brian Cowen,
Minister for Foreign Affairs of Ireland, in the Chair.
The Council of Europe, established in the aftermath of World War II, was founded to define and defend shared fundamental values and common principles. Meeting on the 51st anniversary of the creation of the Organisation, the Ministers solemnly reaffirmed those values and principles and recommitted themselves to respect, preserve and protect them.
At the Secretary General's invitation, an informal meeting was held on 10 May. At that meeting, the Ministers, including the Minister for Foreign Affairs of the Russian Federation, Mr Igor Ivanov, discussed the contribution of the Russian Federation to the Council of Europe and the situation in the North Caucasus.
At the formal session, the main subjects of discussion were the enhancement of co-operation between the Council of Europe and the Russian Federation, the situation in the Chechen Republic, Recommendation 1456 of the Parliamentary Assembly adopted on 6 April 2000, and the contribution of the Russian Federation to the Council of Europe. Other subjects included the Council of Europe contribution to the Stability Pact for South Eastern Europe and the adoption of a message from the Committee of Ministers on Social Development to the Special Session of the United Nations General Assembly (Geneva, 26-30 June 2000). These, and other subjects, are referred to in the "Conclusions of the Chair".
The Ministers focussed on co-operation between the Council of Europe and the Russian Federation in regard to human rights, democratisation and rule of law. They welcomed the contribution of the Russian Federation to the Council of Europe. They agreed to enhance co-operation notably through the ADACS programmes(1).
The Ministers welcomed the fact that three useful meetings had taken place since January 2000 between the Irish Chairman of the Committee of Ministers and the Minister for Foreign Affairs of the Russian Federation in Moscow, Luxembourg and New York.
They welcomed as constructive the agreement regarding Council of Europe participation in the Office headed by Mr Vladimir Kalamanov, Special Representative of the President of the Russian Federation for ensuring human and civil rights and freedoms in the Chechen Republic. This should become effective at the earliest possible date.
The Ministers took note with appreciation of:
- the holding of the regional seminar under the auspices of the Council of Europe, in Pyatigorsk (27-28 April 2000) on federalism, as well as the planned seminar in Vladikavkaz "on democracy, rule of law and human rights" (30-31 May 2000);
- the announcement of the resumption of the work of the OSCE Assistance Group to Chechnya, while expressing the hope that this resumption will become effective as soon as possible, in accordance with its mandate.
They took note of the fact that the Ambassadors of the European Union Troika had been able to make a recent visit to the Chechen Republic.
The Ministers welcomed the statement made by President Putin on 13 April 2000 that "all facts of violations of human rights and abuses in the course of the anti-terrorist operation in the North Caucasian region of the Russian Federation, whoever commits them, are thoroughly investigated and, if confirmed, all the rigors of the law will be applied to the guilty".
The Ministers also welcomed:
- the reports made by the Council of Europe Commissioner for Human Rights, Mr Alvaro Gil-Robles, on his visits to the North Caucasus;
- the fact that delegations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) had just paid two visits to the North Caucasus and had visited a number of places of detention in the Chechen Republic, including in Chernokozovo. In particular, the Ministers welcomed the publication of the preliminary observations made by the delegation which carried out the first visit. Consultations had been held between the CPT's delegations and the Russian authorities.
The Ministers took note:
- of the Secretary General's correspondence with the Minister for Foreign Affairs of the Russian Federation under Article 52 of the European Convention on Human Rights;
- of the visits of Parliamentary Assembly delegations to the North Caucasus in January and March 2000,
The Ministers discussed co-operation on these issues with the OSCE and the European Union. They expressed their concern regarding alleged human rights violations in the Chechen Republic and underlined the urgency of a satisfactory response to these concerns.
The Ministers took note with interest of the creation by the State Duma of the Russian Federation of the Commission on Human Rights, Displaced Persons and the Normalization of Social, Political and Economic Situation in the Chechen Republic.
They also noted with interest the establishment of the "National Public Commission for Investigating Crimes and Monitoring Human Rights in the North Caucasus" under the chairmanship of the former Minister of Justice, Mr Krascheninnikov, which was announced on 17 April 2000, and which has received the support of President Putin. The Ministers understood that this national commission of inquiry will:
- be based on the principles of impartiality and independence and take account of international best practice;
- guarantee pluralistic participation embracing representatives of civil society including human rights NGO's and legal experts;
- have the capacity to investigate promptly all alleged violations of human rights committed in the Chechen Republic and the rest of the North Caucasus, in order to establish the truth and identify those responsible, with a view to bringing them to justice, in accordance with the legislation of the Russian Federation which recognises the primacy of international law;
- have the means to fulfil its mandate effectively.
The Ministers called for the immediate release of all hostages. They were encouraged by the statement by the Minister for Foreign Affairs of the Russian Federation with regard to the holding of a political dialogue and productive negotiations with those who are committed to renounce terrorism and violence with the aim to achieve a peaceful solution to the crisis, and one which fully respects the territorial integrity and the Constitution of the Russian Federation.
At the close of their discussion, the Ministers concluded that steps were being taken by Russia towards meeting concerns of the Council of Europe, including those raised by the Parliamentary Assembly.
The Ministers agreed that the Council of Europe has an important contribution to make, including through its practical assistance, to Russia in the current phase of political and economic reform. This contribution must be on the basis of the fulfilment by Russia of her obligations as a member of the Organisation. The Council of Europe can, in their view, make that contribution only with Russia playing her full part.
The Ministers will keep this question on their agenda and follow developments with the closest attention, also with a view to reporting to the June part-session of the Parliamentary Assembly, as requested in paragraph 24 of Recommendation 1456.
The Ministers welcomed the developments in the implementation of the Stability Pact for South Eastern Europe. In this context, they noted the wish expressed by Moldova and Ukraine to become full members of the Stability Pact. The Ministers reiterated their support to the Council of Europe substantial contribution to the objectives of the Pact in its fields of competence. They expressed their appreciation for the increasingly active role and specific initiatives taken by the countries of the region participating in the Pact which had drawn up important projects, notably those co-ordinated by the Council of Europe, in the fields of protection of human and minority rights, the democratic institution-building process towards a civic society, local democracy and the fight against corruption. The Ministers gave their support to the projects presented by the Council of Europe to the Stability Pact, notably the awareness-raising Campaign on multi-ethnic society and democratic citizenship, the Action Plan for local democracy and the Programme against corruption and organised crime (PACO).
The Ministers noted that the preliminary results of the Regional Funding Conference of the Stability Pact show that initial funding of a number of Council of Europe projects has been secured. They also called on financial partners to pay special attention to the need to fund Council of Europe projects, in particular those in key areas of its competence such as the functioning of justice, local democracy and the reform of public administration, taking account of the priorities of the Stability Pact.
The Ministers also took note of and encouraged the ongoing contribution of the Council of Europe to the continued full and rigorous implementation of Resolution 1244 of the United Nations Security Council on Kosovo, Federal Republic of Yugoslavia, in close co-operation with UNMIK and the OSCE. They recognised that there were problems that needed to be addressed as a matter of urgency, including the current unacceptably high level of violence.
The Minister for Foreign Affairs of Italy, Mr Lamberto Dini, briefed Ministers on the priorities of the future Italian Chairmanship. The Ministers also noted the intention of the Chairmanship to visit Moscow, together with the Secretary General, at an early date, as well as its planned visits to Armenia, Azerbaijan, Georgia and Moldova.
The Ministers will hold their next Session on 8-9 November 2000, under the Chairmanship of Italy, after the 50th anniversary of the opening for signature of the European Convention on Human Rights. They expressed their strong support for the efforts of the Italian authorities to ensure that this important anniversary is commemorated appropriately, particularly through the holding of the European Ministerial Conference on Human Rights in Rome on 3-4 November.
In this context, and with regard to the proposed European Union Charter of Fundamental Rights, the Ministers underlined the need to ensure that, whatever decisions the Institutions of the Union may take concerning the Charter, it does not lead to new dividing lines in Europe. It should be fully consistent with, and not weaken, the system for the protection of human rights provided, under the European Convention, to all citizens of the Council of Europe's member States, including those of the European Union.
(1) Activities for the development and consolidation of democratic stability.
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