Statement by Foreign Minister Urmas Paet at the 119th Session of the Committee of Ministers of the Council of Europe

Madrid

During its 60 years of activity, the Council of Europe has done a tremendous job, and we have reason to feel proud at today’s anniversary. However, our gaze must be focused on the next 60 years, since our achievements are based on the Council of Europe’s established principles of democracy, rule of law, and adherence to human rights standards. The need to confirm and reiterate the principles set forth in the creation of this Organisation is more important today than ever before. We can not allow ourselves to become complacent.

Today I will address some pressing issues: reforming the European Court of Human Rights, the Russia-Georgia conflict, and fighting cyber crime. Allow me to also acknowledge the work of the Commissioner for Human Rights here.

The Committee of Ministers has discussed the problems related to the European Court of Human Rights at the last several ministerial meetings. The work of the European Court of Human Rights could be significantly more effective with the rapid entry into force of Protocol No. 14 to the European Convention on Human Rights. Unfortunately, the implementation of Protocol No. 14 is still being inhibited by one state. Because of that we had to adopt an agreement for the provisional application of some its procedures. Estonia is also ready to accept Protocol No. 14 bis, if necessary.

I call upon all Council of Europe member states to quickly apply these temporary measures. The present situation is restricting the Court's work and does not allow it to fulfill its responsibilities without going against the principles of fair legal deliberation. But temporary measures are not enough. For a long-term solution we need more political will than clever procedural ideas. Whatever would be the final format of the proposed conference on the future functioning of the European Court of Human Rights, the conference should be one step on the way to creating that will.

A year ago we underestimated the possibility of a full-scale war erupting between two members of the Council of Europe – Russia and Georgia. This should be alarming for all of Europe. Today helping politically to resolve the conflict as well as guaranteeing the basic human rights of its victims has become a touchstone for the Organisation’s political credibility. One thing is certain – the territorial integrity of Georgia is the basis for any long-term political and short-term humanitarian solutions.

Unfortunately, the human rights situation in the occupied regions of Abkhazia and South Ossetia remains distressing and the last report of the Secretary General confirms that. Only guaranteed access for international and humanitarian aid organisations to all the territories affected by the conflict and the return of all IDPs and refugees to their homes could be considered a breakthrough. The Council of Europe must demand this with its full voice. Without this breakthrough, there is a risk that our Organisation’s role could be reduced to the micro-management of single projects and human rights cases in the area. Our responsibility is to avoid that.

One of the most effective preventive measures that the Council of Europe has used in protecting human rights is supporting human rights advocates in its member states. I am pleased that last year the Committee of Ministers approved the declaration that unanimously condemns attacks and disturbances targeted against human rights workers, regardless of whether they are perpetrated by state authorities or private individuals.

Speaking about the future of our organisation, let me stress the importance of the Council of Europe’s continuing efforts to fight cyber crime – the issue pointed out in our declaration. The Council of Europe’s Convention on Cybercrime is a unique global instrument supported by the Council’s excellent “Project on Cybercrime”. Estonia has a co-operation agreement with the project and we welcome the start of its second phase this February.

Looking into the future, I also note with satisfaction that three years after Prime Minister Juncker’s highly valued report advising that “the Council of Europe should move, in electing its Secretaries General, towards choosing leading political figures…”, we have finally taken this road. One of the decisions we make today facilitates this.

In conclusion, allow me to thank you, good colleague Mr Moratinos and the entire Spanish chairmanship team, for your substantial and effective work, and I wish Slovenia much success in the coming six months. As the Spanish saying goes: The shrimp that falls asleep is swept away by the current, i.e. one should never take things for granted nor cease to make an effort (Camarón que se duerme se lo lleva la corriente). For this, I wish all of us much strength for the future!