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Workshop 1 Human Rights

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Workshop 1 Human Rights

    Conference on

    What future for human rights and democracy in Europe?

    The role of the Council of Europe

    Conférence

    Quel avenir pour les droits de l’homme and la démocratie en Europe ?

    Le rôle du Conseil de l’Europe

    Paris, 11 September 2009

    Assemblée Nationale, Salle Lamartine

    Paris, 11 septembre 2009

    Assemblée Nationale, Salle Lamartine

    SUMMARY OF DISCUSSIONS

    1. The conference forms part of the programme of activities celebrating the 60th

    anniversary of the founding of the Council of Europe.

    2. 60 years ago, in 1949, Europe was emerging from a world conflict that had its

    origins on this continent after totalitarian regimes systematically violating citizens'

    human rights and fundamental freedoms had risen, unchecked, for three

    decades.

    3. There was an urgent need to restore democracy and the rule of law in many of

    Europe's countries and rebuild the economic and social structures in all of them.

    4. The Council of Europe was the fruit of the pledge of "never again", a vow to

    prevent history repeating itself at all costs and to provide effective safeguards for

    human rights, democracy and the rule of law. The Council of Europe was born

    from the clear will to defend and carry strong ethical values which the founding

    fathers considered as essential for the European and global development.

    5. The founding fathers were driven in their enterprise by memories of the horrors

    experienced, the scale of the destruction confronting them and their

    determination to build a future firmly anchored in respect for all men and women

    living on the "old continent" regardless of their ethnic, cultural and religious

    affiliations, a future capable of providing them with a fulfilling and prosperous life,

    to strengthen the bonds between individuals and to capitalise on their diversity.

    6. Through the years of reconstruction, economic boom and the first oil crisis and its

    consequences, with a sustained succession of scientific and technological

    advances unprecedented in the history of humankind, the Council of Europe

    devised sound, recognised principles in the areas of human rights, whether civil,

    political, economic, social or cultural rights, democracy and the rule of law.

    7. However, for 40 years the values embodied by the Council of Europe were a

    reality only for the western part of the continent, since post-war Europe was

    deeply divided into two camps, politically and economically. Internal conflicts in

    the eastern part of the continent had caused numerous civilian casualties and,

    under the ensuing regimes, times were dire for human rights in Europe.

    8. Also noteworthy were the return of Greece to the Organisation in 1974 and the

    accession of Portugal and Spain in 1976 and 1977 respectively, after the end of

    totalitarian regimes which had also resulted from civil wars and enabled an

    ideology profoundly hostile to human rights and the rule of law to establish itself

    and gain the upper hand in the cradle of democracy and also in the Iberian

    peninsula.

    9. In 1989, the fall of the Berlin wall, followed by the collapse of the totalitarian

    regimes in central and eastern Europe and the break-up of the Soviet Union,

    made it possible to extend the application of the democratic principles on which

    Council of Europe was founded to the entire continent and set about rebuilding

    democracy in the countries of central and eastern Europe, as had been the case

    four decades earlier in the founding States and the others that had joined them.

    10. The path was thus open for the enlargement of the Council of Europe to its

    current 47 Member States which covers nearly all the territory of the continent

    and goes even further by strictly geographical standards. The geographical

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    cover that constitutes an undeniable comparative advantage for the

    implementation of the norms it elaborates.

    11. Nevertheless, the sudden end of the communist regimes in Europe had the

    further consequence of reawakening old territorial conflicts, masked for nearly

    half a century by frontiers designed to serve the supremacy of a bloc in a bipolar

    world. We saw the emergence of territorial conflicts linked to claims of national

    minorities long suppressed by the established ideology which, in its stated quest

    for economic and social equality, tolerated no ambitions of independence and

    diversity.

12. Old demons were unleashed, at a time when Europe was convinced of having 1honoured its pledge of "never again": Srebrenica, Grozny, Sarajevo or Kosovo,

    Nagorno Karabakh and, more recently, South Ossetia have all hit the headlines

    with stories of horror, destruction, violence and arbitrary acts. The photos from

    the former Yugoslavia shown in the media bear an uncanny resemblance to

    those of nazi concentration camps and the bombed-out buildings in Grozny are a

    chilling reminder of many European cities in 1945.

    13. Inevitably, there was soul-searching: where did we go wrong? what was it that

    we failed to understand or achieve? what should we have done or done

    differently? and - for the more pessimistic - does Europe still have a meaning?

    14. These questions were made more poignant by events which, in the very heart of

    longstanding democracies, reached the summit of horror: Madrid, Istanbul,

    London, Beslan. It was not the first time that religion had served as a catalyst for

    pursuing political aims by violent acts: Northern Ireland in particular had been the

    scene of killings of innocent victims throughout the 20th century, but now this

    blind violence had its origins outside the European continent and was therefore

    perceived as foreign and poorly or not understood. Its immediate effect was to

    spark or reveal animosity between different ethnic and religious minorities

    present in European countries. Our societies have been greatly destabilised as a

    result.

    15. The make-up of our societies has been radically changed within a fairly short

    lapse of time by substantial flows of migrants, following the fall of the Berlin wall

    for east-west flows and increasing globalisation for south-north flows, throwing

    down a major challenge for our societies in not only economic, social and political

    but also cultural terms.

16. It is of paramount importance that Europe and more specifically the Council of

    Europe takes up that challenge because our future and our values are at stake,

    and even more importantly, the future of young people today and the chances we

    wish to offer to future generations.

    17. As the first decade of the 21st century draws to a close, Europe should remain

    highly vigilant over respect for human rights, democracy and the rule of law,

    which are under threat from extremist and totalitarian temptations, stirred by a

    feeling of insecurity prompted by the great changes experienced by the continent

     and the entire planet in recent decades, pushing individuals and States

     1 All reference to Kosovo whether to the territory, institutions or population, in this text shall be understood in full

    compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo

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    towards ostracism and xenophobia, withdrawal, the refusal of diversity and

    rejection of others.

    18. An emphatic reminder is required that doctrines advocating hatred, crime,

    violence and the rejection of others are incompatible with the European project of

    a peaceful and democratic society, respectful of the fundamental rights and

    freedoms of everyone.

    19. Firstly, there should be emphasis on the importance of sharing the universal

    common values of human rights, the democratic ideal and the rule of law, values

    that cannot be waived in the name of distinctive features or specific

    characteristics resulting from affiliation to a cultural, ethnic group, religious

    community etc.

    20. The sharing of these common values, mutually consented to by all individuals,

    and not imposed by the State or some other authority, must form the basis of our

    societies, as a foundation for implementing true democratic citizenship.

    21. We should further point out that the feeling of belonging to several cultural

    traditions at the same time is perfectly compatible with European citizenship and

    is even an integral of the concept where it hinges on mutual recognition between

    different cultures and an attachment to shared values.

    22. This multiple cultural affiliation can be possible only if our societies and the

    individuals making them up demonstrate their openness to other cultures and a

    desire for exchange between them, fostering the rebuilding of social ties, as long

    as this is underpinned by decent living conditions.

    23. In this function of providing the cement and foundations for our societies, the

    indivisible and complementary nature of human rights comes into its own in

    building a society that is balanced and inclusive and holds hope for the future,

    where individuals feel fulfilled, respected and recognised for their contribution.

    And the same applies to States.

    24. These times of economic crisis are especially dangerous for human rights, which

    some would like to regard as a luxury that Europe can no longer afford, a costly

    extravagance for affluent societies, which they claim is a burden on

    competitiveness to the detriment of our economies and supposedly hampers

    flourishing production. However, such a strictly financial interpretation of the

    consequences of the economic crisis not only potentially tramples on human

    rights but also shows forgetfulness of our not-so-distant past and short-

    sightedness of the dangers it holds for our future.

    25. Did the rise to power of extreme right-wing regimes in 1930s Europe not go

    hand-in-hand with the slump in economic and social conditions in our countries

    following the great depression? Was the ascendancy, in our societies, of an

    ideology exalting affiliation to a single ethnic group, to traditions and to a culture

    of exclusion, closed to diversity, rejecting others because they are different, to

    the extent of calling for their physical elimination, not fuelled by the despair

    generated by poverty, distress at a total lack of future prospects and a resulting

    loss of self-respect, pushing entire peoples to seek refuge in reassuring promises

    of security offered by the known rather than the unknown and uniformity as

    opposed to diversity?

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    26. It is important to prevent history repeating itself. That is why respect for human

    rights is all the more necessary in times of economic crisis, to head off

    temptations to drift in other directions, which may have extremely grave

    consequences for the democratic functioning of our societies by undermining

    their ability to offer every individual decent living conditions and thereby enable

    them to feel part of those societies.

    27. It must be underlined that the defence of human rights and the interests of the

    State policy, ? Realpolitik ?, must not be considered as being in opposition but

    that they reinforce each other mutually. This is not impossible or incoherent but

    an evidence that the past has already demonstrated on several occasions.

    28. Moreover, it is only a reasoned relationship of States and peoples with their

    common history and their capability to transcend past conflicts that enable us all

    to live together and envisage reconciliation between yesterday's enemies, and it

    remains the surest means of preventing new conflicts.

    29. It is for the States to create the conditions needed to uphold these common

    values, and to prevent and condemn acts, regardless of their origins or

    perpetrators, which run contrary to European designs of tolerance, inclusion,

    respect for others and openness.

    30. To do so, the States should not only adopt a legal framework transposing

    common values - notably those defined in international and European treaties -

    to texts at national level but also ensure the independent and impartial

    functioning of their judicial systems, so that this framework may be applied in the

    spirit of those very values, guaranteeing effective enjoyment of those

    fundamental rights for all individuals, through full compliance with the principle of

    the rule of law.

    31. Backing for these common values and standards and concern that they be

    respected must be central to work on devising national policies in all areas of

    state action, fostering enrichment of the common base underpinning the

    emergence of a European democratic citizenship, its development and its

    adaptation to the big technological, scientific and environmental challenges, and

    thus enabling Europe and Europeans to blossom both on our continent and on

    the international scene.

    32. In managing the challenge posed by "different" identities to our societies today,

    our initial precept must be that human rights are universal, to be enjoyed without

    discrimination by all members of society; in no circumstances may fundamental

    rights be cast aside for the sake of managing cultural diversity. Quite on the

    contrary, they must form the basis for it.

    33. For these reasons, the Council of Europe has a duty to pursue and assert its role

    of guardian of these values, not only by developing them in line with its founding

    design to draw together States and people in respect for diversity, seen as a

    factor of enrichment, but also by ensuring the effective respect for those values

    by, and supporting their promotion in, the member States.

    34. In particular, the Council of Europe's different mechanisms for monitoring and

    assessing how member States apply and comply with standards must be

    capitalised on and the results of their activities must be fully taken into account

    by the competent national authorities when drawing up and applying their policies.

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    35. The technical co-operation programmes implemented by the Council of Europe

    and other international and European institutions with a view to improving

    national systems for the protection of human rights, democracy and the rule of

    law must be founded on both the standards devised by the Council of Europe

    and the activities of its control mechanisms.

    36. The Council of Europe must fully play its role in the elaboration of the historical

    speech on European construction as the centre carrying the values of democracy,

    freedom and human rights. As such, the Council of Europe constitutes a

    fundamental element of the development of this historical European dimension.

    37. Member States are invited to ensure that their action is fully coherent with the

    values they say they support, notably taking all possible measures so that these

    values are fully respected in Europe and elsewhere.

    38. Member States must ensure that the Council of Europe has the political means it

    needs to effectively uphold these principles and to be able to take concrete

    action if they are infringed. They should also ensure that the Council of Europe

    has the material, and notably financial, means required to fully carry out its role.

    39. The Parliamentary Assembly of the Council of Europe could prepare a report on

    fundamental values, their relevance and their implementation in current

    European society; a report which could serve as a basis for a wide debate on this

    topic.

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