DPA/Inf(2011) 9

DPA/Inf(2011) 9

16 March 2011

With the compliments of the Director General of Democracy and Political Affairs

INFORMATION NOTE

RE:Report from the Council of Europe Offices/January and February 2011

The French version will follow.

* For a more complete list of activities, see the Council of Europe activities database (CEAD) – /

1

DPA/Inf(2011) 9

Table of Contents

Brussels...... 3

Geneva...... 8

Tirana...... 10

Yerevan...... 13

Baku...... 16

Sarajevo...... 17

Tbilisi...... 18

Chisinau...... 21

Belgrade...... 24

Pristina...... 27

Kyiv...... 29

Brussels

Hungary took over the Presidency of the Council of the European Union on 1 January. The main priorities, particularly in relevance to CoE-EU relations are:growth, jobs and social inclusion for promoting the European social model (including strategy for the Roma issues); a stronger and deeper Europe (i.e. cohesion ofmember states, energy policy,biodiversity, etc.), rights of EU citizens, rights of children, increasing the efficiency of the fight against organised crime and cybercrime; and the protection of personal data, etc. Better management of migration flows and cultural heritage are also included.

The Secretary Generaland Commission Vice-President Reding co-hosted on 27-28 January a celebration of the 6th Data Protection Day through a joint Council of Europe and European Commission conference, which coincided with the 30th anniversary of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Council of Europe Convention 108). President Barrosoinvited theSecretary Generalto aworking dinner in Brussels on28 February,and on1 Marchtheyopened together the joint EU-Council of Europe“Conference on Shared Social Responsibility”, with nearly 400 participants. The Secretary General also met with Commissioner Andor,responsible for employment and social affairs, to discuss future co-operation activities.

Further to the Foreign Affairs Council and the General Affairs Council of 31 January 2011, the European Council met on 4 February and adopted conclusions dealing with the economic crisis, innovation policies and climate change. It also adopted the “Declaration on Egypt and the Region”. The developments in the Southern Mediterranean Region have been a top priority for the EU institutions and focused much of the Brussels Office attention over the reporting period. The Brussels Office pursued extensive bilateral contacts with EU Officials and with the embassies of the countries concerned, facilitated meetings for CoE representatives and participated in several Brussels-based conferences and events, including the High Level Meeting on Egypt and Tunisia, opened by the High Representative for Foreign Affairs and Security Policy/Vice-President of the Commission Ashton on 23 February 2011.

  1. GENERAL MATTERS

The High Representative for Foreign Affairs and Security Policy/Vice-President of the Commission (HR/VP) Ashton and the Secretary General (SG)participated in the Official Opening of the EU Delegation to the Council of Europe on 19 January. The HR/VP said that it was an important step to strengthen co-ordination and partnership; she underlined the quality and intensity of the relationship between the EU and the Council of Europe, especially following the MoU, and spoke of the ambitious agenda for co-operation in 2011.

  1. EXTERNAL RELATIONS

Tunisia: On 21 February, the Foreign Affairs Council held an in-depth discussion on the unfolding situation in the EU’s southern neighbourhood. Concerning Tunisia, the Council confirmed its solidarity with the people and the EU's engagement in support of their efforts to establish a stable democracy, based on the rule of law and pluralism, with full respect for human rights and fundamental freedoms.

After receiving the new Foreign Affairs Minister in the interim Tunisian government on 3 February, HR/VP Ashton reaffirmed Europe's commitment to support the country and visited Tunis on 14 February to meet with the transitional government, representatives of civil society, including the Tunisian Human Rights League. She announced that the National Indicative Programme was to be increased by €18 million.

Egypt:In its Declaration on Egypt and the region of 4 February, the European Council paid tribute to the courage of the people of Egypt in their peaceful mobilisation for democratic change. Referring to the democratic changes in Egypt, the Foreign Affairs Council on 31 January recognised the “legitimate, democratic aspirations” of the Egyptian population. HR/VP Ashton made a first statement on 10 February regarding the situation in Egypt where she reiterated that “no matter what happens in the next hours and days, the European Union stands ready to help build the deep democracy that will underpin stability for the people of Egypt.”

The European Parliament passed a resolution calling on the EU to rethink and improve its political and financial strategy to assist the country’s transition to democracy, including organising free elections.

The EU High-level meeting on Tunisia and Egypttook place in Brussels 23 February. In addition to Tunisia and Egypt, all member States of the EU, 13 other countries, the major IFIs and the UN, OECD and the Council of Europewere invited. The SRSG and the Directorate of External Relations/Strasbourg represented the CoE. Tunisia and Egypt, however, did not participate in the meeting. There was general agreement and readiness of participants to support the reform process towards democracy, respect for the rule of law and human rights, and respond constructively to the needs of Tunisia and Egypt, as defined by the countries themselves. The conference was informed of the visit by the SG and CM Chair Davutoglu to Tunisia on 21 February and on the CoE’s readiness to assist in the democratic process, notably through the Venice Commission, and to join forces with the EU to this end.

Morocco: Commissioner Füle visited Morocco on 6 and 7 February. He appreciated the launch of a series of important political and economic reforms by the Moroccan authorities. Nonetheless, he urged them to “move further ahead” particularly, “in the area of poverty eradication, social development (education and health), democratic reforms, freedom of expression, developing the role of women and reform of the justice system which has been announced”.

Libya:In her statement of 27 February, HR/VP Ashton welcomed the adoption of a resolution by the United Nations Security Council on 26 February in regard to the events taking place in Libya, as a strong outcome. She stressed that the EU fully endorses this resolution. In line with it, the Council of the European Union adopted on 28 February restrictive measures to ban the supply to Libya of arms, ammunition and related material.

EASTERN NEIGHBORHOOD

Belarus: The European Council endorsed the conclusions on Belarus on 4 February as adopted by the Foreign Affairs Council on 31 January, including the decision to impose restrictive measures. At the end of the Foreign Affairs Council, Polish Foreign Affairs Minister Sikorski, called for a European foundation for democracy to be set-up.

Moldova: The EU appealed to political leaders in Moldova to continue along the path of reforms, particularly in the fields of justice and the economy and put an end to the political stalemate that has prevented the election of the country's president since 2009.

  1. ENLARGEMENT

Albania: In a joint statement of 24 January, HR/VP Ashton and Commissioner Štefan Füle called on Albanian political leaders, both in government and opposition, to show “responsibility and political maturity” and to find a democratic solution to the serious political crisis gripping the country, a potential applicant to join the EU”.

The European Parliament urged the Albanian political elite to keep the interests of its citizens in mind, and not further jeopardize the country's EU accession prospects, during a debate on the political crisis in Albania with Commissioner Füle on 15 February.

Croatia: the European Parliament adopted a resolution on 16 February, according to which Croatia’s EU membership negotiations could be completed in the first half of 2011, provided Zagreb pushes ahead with reform.

Serbia: During its plenary session, the European Parliament approved on 19 January, the EU-Serbia Stabilisation and Association Agreement. Following a meeting with President Barroso on 31 January, Serbian President Tadic declared that Serbia hoped to obtain accession candidate country status and a date for opening accession talks by the end of this year. President Barroso highlighted, in particular, the necessity of ensuring “full co-operation” with the ICTY and affirmed that “this remains an essential condition for EU membership.”

Montenegro: The European Council’s decision to grant Montenegro EU candidate country status was welcomed by the European Parliament’s Foreign Affairs Committee on 10 February. A decision on opening accession talks is expected to be taken by the European Council by December at the latest.

  1. HUMAN RIGHTS, JUSTICE AND HOME AFFAIRS

The CoE Commissioner for Human Rights came to Brussels on 1 March 2011. He participated in a debate organised in the European Parliament and gave a lecture on freedom of media and ethical journalism. He notably presented his views on the developments in the Hungarian media law, following the publication of his opinion on the matter (25 February).

A meeting of the Justice and Home Affairs Council was held on 24-25 February. Developments inNorth Africa and, in particular, the potential influx of migrants from the region, were one of the main items of discussions. Ministers of Justice looked at the most recent Commission proposal on attacks against information systems (cybercrime) and discussed the state of play of two other legislative initiatives concerning the right to information in criminal proceedings(part of the "procedural rights") and recognition and enforcement of judgements in civil and commercial matters(Brussels I).

On 28 January, the 6th Data Protection Day was celebrated in Brussels through a joint Council of Europe and European Commission conference. The SG and Commission Vice-President Reding co-hosted the conference, which coincided with the 30th anniversary of Council of Europe Convention 108 on the protection of personal data. In addition, the CoE Secretariat participated in several events organised in Brussels over that week on data protection issues and had meetings with the European Commission on further co-operation on this matter.

On Monday 31 January, the Hungarian Minister for Foreign Affairs János Martonyi presented the General Affairs Council with a roadmap that should lead to the adoption of a “Community Framework” for the national strategies of member States for the integration of the Roma by the European Council in June.

The EU agenda for reinforcing the rights of the child was presented on 15 February by the European Commission to put the principles of the EU Charter of Fundamental Rights into practice.The European Economic and Social Committee (EESC) met the Council of Europe co-ordinator on children rights on 31 January. She presented the current CoE work and gained much support from the participants.

MEPs debated Europe’s asylum provisions with Commissioner Malmström during the plenary session on 15 February, in the light of recent rulings by the European Court of Human Rights. MEPs urged that the EU urgently put into place an efficient common European asylum system which fully respects human rights.

The Brussels Office facilitated the organisation of meetings for a DG-HL representative (25 January) on cybercrime-related issues. In addition to contacts with EU institutions, he presented the CoE’s work on cybercrime to NATO’s newly-established Department of New Threats and Challenges.

The Brussels Office also closely followed the discussions on detention conditions organised by the Commission on 25 January, with DG-HL participation.

On 2-3 February, the Brussels Office facilitated the organisation of a meeting for the Secretary and Co-Secretary to CEPEJ. A presentation of CEPEJ was organised by the EU Council, to which all Justice and Home Affairs Advisors to the Permanent Representatives were invited. The success of this event in such a format is a precedent that might be worth replicating.

The SRSG had the opportunity to discuss CoE co-operation with FRA during a working luncheon with its Director, Mr M. Kjaerum on 3 February.

SOCIAL, CULTURAL, REGIONAL POLICIES

Hungarian Culture Minister Géza Szöcs promised to take steps to establish the EU heritage label, integrate culture into the EU 2020 strategy, promote mobility of artists, reinforce the role of culture in the EU's external relations, enlarge the European digital library, protect minors using the Internet and foster a single European digital market.

Noting the recognition of sports policy in the Lisbon Treaty, Attila Czene, Hungarian Minister for Sport, promised to push for a sports framework programme to be included in the EU's 2014-2020 long-term budget. On 19 January, the Commission adopted the Communication "The Lisbon Treaty and Sport – Developing the European Dimension in Sport", which sets out new ideas to implement the Lisbon Treaty in the field of sport and contribute to achieving the Europe 2020 objectives. The Communication clearly indicates the advisability for the European Union to accede the Council of Europe Anti-DopingConvention. On 16 February, the Director of Youth, assisted by the SRSG, attended meetings with counterparts in the Commission. During the meeting with President Barrosoon 28 February, the SG pointed out the importance of the EU’s accession to the Council of Europe Anti-Doping Convention.

“Freedom of religion or belief is a universal human right which needs to be protected everywhere and for everyone”, was stated in the European Union Council’s new statement on 21 February.

The Secretary to the European Audiovisual Observatory met with the Advisor to the Moroccan Ambassador on 7 February in the Brussels Office. He presented the work of the partial agreement and envisaged perspectives for a closer co-operation or an accession by Morocco to the agreement.

Other activities of the Brussels Office

The Brussels Office facilitated the visit of more than20 delegations from Strasbourg headquarters during the reporting period, involving programmes of high-level contacts with the EU Institutions.

Increased efforts continue to be devoted to stepping up co-operation with the European Union through Joint Programmes. The Brussels Office is engaged in maintaining and developing contacts at working level with the Commission and the EEAS to discuss and identify practical co-operation programmes, including the Council of Europe Facility related to the Eastern Partnership, potential co-operation programmes in Morocco and Tunisia, and the three proposals under the European Instrument for Democracy and Human Rights. Modalities to enable CoE staff to take part in training courses organised by the Commission on administration, management and the project management cycle are currently being discussed with the Commission. On 28 January, two CoE staff members participated in a training course organised by the Commission covering the financial and administrative management of programmes (FAFA).

Ambassador Torbjørn FROYSNES

SRSG / Head of Office

Tel: +32 222350500 - Fax: +32 2 2 230 94 62

E-mail:

Geneva

10th Session of the Universal Periodic Review in the Human Rights Council – HRC (24 January – 4 February 2011).

The 16 States examined during the 10th Session were Nauru, Rwanda, Nepal, Saint Lucia, Oman, Austria, Myanmar, Australia, Georgia, Saint Kitts and Nevis, Sao Tome and Principe, Namibia, Niger, Mozambique, Estonia and Paraguay.

UN Secretary General in Geneva

SG Ban Ki Moon visited Geneva on the 25th and 26th January. He addressed the Conference on Disarmament and the HRC. In very warm terms he praised the work of the HRC and especially the one of the Special Rapporteurs. He also chaired the “Humanitarian Funding Conference 2011”.

6th Session of the Advisory Committee of the HRC

The following subjects were addressed:

  1. Missing persons
  2. Right to food
  3. Right of peoples to peace
  4. Enhancement of information of co-operation in the field of human rights
  5. International solidarity
  6. Review

In this context, the Committee wanted, in particular, to be able to maintain its role. The next meeting will take place from 8 to 12 August 2011.

Intergovernmental working group on the review of the work and functioning of the HRC

The General Assembly by its Resolution 60/251 of 15 March 2006, established the HRC and decided that it shall review its work and functioning five years after its establishment.

An open-ended working group with the mandate to review the functioning of the HRC held 2 sessions in October 2010 and February 2011. The President of the HRC seconded by five facilitators chaired the working group at its 9th meeting on 24 February and adopted its report “outcome of the review” by consensus. It should now be adopted by the HRC at its 16th Session and transmitted to the GA.

Lengthy informal consultations over the past months and the sessions of the WG have led to a rather modest result. As to the substance the periodicity of the “Universal Periodic Review” for the second and subsequent cycles will be of 4-5 years. This will imply the consideration of 42 States per year during 3 sessions of the working group.

The WG decided to maintain 3 sessions per year of the HRC.

The establishment of an Office of the President has been decided. The outcome of the review focuses further on the special procedures (selection and appointment of mandate-holders, working-methods and resources), on the Advisory Committee and on the Agenda and Framework for the Program of work (i.a. yearly panel with UN agencies and funds).

15th Special Session of the HRC – 25.2.2011

Situation of Human rights in the Libyan Arab Jamahirya

In her opening statement the UN High Commissioner for Human Rights, Mrs Pillay reported on the dramatic situation in Libya. Reiterating that the State has an obligation to protect the rights of life, liberty and serenity of people under their jurisdiction, she stressed that the protection of civilians should always be the paramount consideration in maintaining order and the rule of law. She ended in saying that today’s striking and brutal situation is the direct outcome of a disregard for the rights and freedom of Libyans that has marked the long four decade grip on power by the current leader.

All the delegations taking the floor condemned the brutalities against the civil population. China, Cuba, Venezuela and Nicaragua were against suspension but finally did not ask for a vote. The resolution could hence be adopted by consensus.

A draft resolution was tabled asking for the dispatching of an independent, international commission of inquiry to investigate all alleged violations of human rights and to report to the Council at its 17th Session and to recommend to the UN General Assembly the suspension of Libya. It is the very first time that such a resolution can be taken on a MemberState of the HRC.