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3 important Recommendations drafted at thein January 2009
Recommendation adopted on 28 January 2009
CONF/PLE(2009)REC5
Protection of Human Rights Defenders in the Russian Federation
The Conference of INGOs of the Council of Europe, Deeply concerned about the assassination of Stanislav Markelov, lawyer and human rights defender, and of Anastasia Baburova, journalist, on 192009 in Moscow; Referring to the European Convention for the Protection of Human Rights and Fundamental Freedoms and to the Declaration of the Committee of Ministers on Council of Europe action to improve the protection of human rights defenders and promote their activities (adopted by the Committee of Ministers on 6 February 2008); Underlining the invaluable importance of personal engagement in the defence of human rights and the rule of law and the threats under which numerous human rights defenders are working in the Russian Federation; Urges the Russian authorities to conduct an impartial and competent investigation into the assassination of Stanislav Markelov and Anastasia Baburova and to bring all those responsible to justice and to take all necessary measures to guarantee the physical and psychological integrity of all human rights defenders and to ensure favourable conditions for their activities; States that the only means possible to address differences of opinion and situations of conflicts are those of dialogue in an environment where the fundamental freedoms are respected; Requests its Bureau to follow the evolution of the situation and to cooperate with the Commissioner for Human Rights of the Council of Europe in this respect.
Recommendation adopted on 28 January 2009
CONF/PLE(2009)REC2
Proposed Council of Europe Convention to prevent and combat violence against women and domestic violence
The Conference of INGOs of the Council of Europe,
Referring to:
- the Declaration adopted by its Standing Committee on 3 October 2008 ;
- the Parliamentary Assembly Recommendation 1847(2008) on “Combating violence against women : towards a Council of Europe convention” and Resolution1635 (2008) on the same subject ;
- the reply of the Committee of Ministers from 15 October 2008 on the Parliamentary Assembly Recommendation 1847(2008);
- the decision taken by the Committee of Ministers (10 December 2008) to set up a committee to prepare one or more legally binding instrument(s), as appropriate, to combat violence against women and domestic violence ;
- the definition of violence against women formulated in Recommendation 2002(5) of the Committee of Ministers and considering that the convention should include provisions and necessary measures to protect victims of gender-based violence, to prevent and to prosecute violence against women.
Considering that violence against women affects almost 80 million women across Europe and is recognised as a serious human rights violation and a major obstacle in the promotion and consolidation of peace and democracy in Europe;
Considering therefore that there is an urgent need to stop all forms of violence against women;
Welcomes the proposal to draft a Council of Europe Convention to prevent and combat violence against women and domestic violence and is ready to contribute as a member of the drafting Committee to the elaboration of the convention and to its future monitoring system; Welcomes the recommendation of the Task Force (Campaign to combat violence against women, including domestic violence) to appoint a special Rapporteur for Europe on violence against women to work closely with the Human Rights Commissioner and with the UN Special Rapporteur on violence against women as well as with the respective Special Rapporteurs of the Inter-American Commission and the African Union.
Recommends to the Committee of Ministers:
1. To cover in the future convention all forms of gender-based violence whether in the home, workplace, the community or society, in custody or in situations of armed conflict and not only violence against women in the domestic sphere ;
2. To include in the future convention provisions on the prevention and the prosecution of forced marriages, “honour killings” and female genital mutilation as well as recognizing the specific forms of psychological harm caused by such practises. Customs, traditions or practices in the name of religion or culture should not be accepted as an excuse to harmful practises or as a mitigating circumstance;
3. To also include in the future convention an independent monitoring mechanism to keep legislation under constant review and continue to reform it in the light of new information and understanding.
Recommendation adopted on 28 January 2009
CONF/PLE(2009)REC4
The Durban Review Conference “to combat racism, racial discrimination, xenophobia and related intolerance”
The Conference of INGOs of the Council of Europe, meeting in Strasbourg on 28
- Warmling welcoming the opportunity offered by the Durban Review Conference (taking place in Geneva from 20 to 24 April 2009) to further the struggle against old and new types of racism, racial discrimination, xenophobia and related intolerance;
- Taking note of the place given to NGOs in the preparation of the Conference, as well as in the Conference itself;
- Bearing in mind the relevant texts and work of the Council of Europe;
- Aligning itself with the joint statement made by the Council of Europe Commissioner for Human Rights and the Director of the European Union Fundamental Rights Agency which emphasises “Do not miss the opportunity to step up the global fight against racism and discrimination!”, and endorsing the aforesaid Statement [CommDH/Speech(2008)18]
Trusts that the Geneva Conference will bear in mind the following points
1. Racist and xenophobic attitudes arise from the fear that comes when one knows little or nothing of the other.
One challenge, which has grown considerably since the Durban Conference (2001), arises from the intermingling of populations and the resulting linguistic and religious plurality in areas which used to be more homogenuous.
One of the essential ways of combating discrimination and intolerance is to develop social diversity, struggle against ghettoisation and create conditions that encourage contact between people of different cultures and origins.
The little known work of numerous NGOs at grass roots level forges strong links between peoples of different cultures and social groups and enables them to meet, understand and help one another.
2. Bringing people together in this way is even more important in times of crisis, particularly when there is open conflict.
Many NGOs and forums maintain open dialogue between opposing parties which gives them the possibility to meet no longer as in a situation of direct confrontation, but as people who recognise one another’s common humanity.
3. Intercultural dialogue, as defined by the Council of Europe’s White Paper, should become a major guiding principle for policy makers and civil society.
Attitudes of mutual respect can not, however, just be taken for granted which is the reason that both the White Paper and the ongoing experience of NGOs stress the need for education and training. Such education should include teaching on human rights, democratic citizenship and the acquisition of intercultural skills.
4. Any reason for any type of discrimination or stigmatisation of a category of people is repellent and must be actively opposed.
This is why we do not wish a list to be drawn up of the different forms of “racism”.
When considering the situation in the Middle East or any other conflictual situation in the world, there is absolutely no reason for distinguishing between the victims of discrimination and hatred on the basis of nationality, ethnicity, religion or any other factor. All human beings, regardless of the groups to which they belong, must have their rights protected.
5. It should be remembered that those who are victims of discrimination need to be supported and represented by qualified NGOs in legal actions they undertake to have their rights recognised.
Along these lines the INGO Conference calls upon
- The Council of Europe - The Member States of the Council of Europe - The UN High Commissioner on Human Rights - The Preparatory Committee for the Durban Review Conference - NGOs
To be vigilant in seeing that the sufferings of any victims of racism or discrimination are not used for political ends;
To respect the inviolable, individual and universal nature of human rights.
To ensure that the work of the Conference and its final Declaration are based on the principles of the Universal Declaration of Human Rights and other similar international instruments.