ON THE COUNCIL OF EUROPE

COMMISSIONER FOR HUMAN RIGHTS

(Adopted by the Committee of Ministers on 7 May 1999,at its 104thSession, Budapest)The Committee of Ministers,Considering that the aim of the Council of Europe is the achievement of greater unity between itsMembers and that one of the methods by which that aim is to be pursued is the maintenance andfurther realisation of human rights and fundamental freedoms;Having regard to the decisions taken by the Heads of State and Government of the Member States ofthe Council of Europe at their Second Summit (Strasbourg, 10-11 October 1997);Considering also that the 50thAnniversary of the Council of Europe provides an occasion to enhancefurther the work undertaken since its creation,Decides to institute the office of Council of Europe Commissioner for Human Rights ("theCommissioner") with the following terms of reference:Article 11. The Commissioner shall be a non-judicial institution to promote education in, awareness of andrespect for human rights, as embodied in the human rights instruments of the Council of Europe.2. The Commissioner shall respect the competence of, and perform functions other than those fulfilledby, the supervisory bodies set up under the European Convention of Human Rights or under otherhuman rights instruments of the Council of Europe. The Commissioner shall not take up individualcomplaints.Article 2The Commissioner shall function independently and impartially.Article 3The Commissioner shall:a.promote education in and awareness of human rights in the member States;b.contribute to the promotion of the effective observance and full enjoyment of human rights in themember States;c.provide advice and information on the protection of human rights and prevention of human rightsviolations. When dealing with the public, the Commissioner shall, wherever possible, make use of andco-operate with human rights structures in the member States. Where such structures do not exist, theCommissioner will encourage their establishment;d.facilitate the activities of national ombudsmen or similar institutions in the field of human rights;e.identify possible shortcomings in the law and practice of member States concerning the compliancewith human rights as embodied in the instruments of the Council of Europe, promote the effectiveimplementation of these standards by member States and assist them, with their agreement, in theirefforts to remedy such shortcomings;f.address, whenever the Commissioner deems it appropriate, a report concerning a specific matter tothe Committee of Ministers or to the Parliamentary Assembly and the Committee of Ministers;g.respond, in the manner the Commissioner deems appropriate, to requests made by the Committeeof Ministers or the Parliamentary Assembly, in the context of their task of ensuring compliance with thehuman rights standards of the Council of Europe;h.submit an annual report to the Committee of Ministers and the Parliamentary Assembly;i.co-operate with other international institutions for the promotion and protection of human rightswhile avoiding unnecessary duplication of activities.Article 4The Commissioner shall take into account views expressed by the Committee of Ministers and theParliamentary Assembly of the Council of Europe concerning the Commissioner's activities.Article 51. The Commissioner may act on any information relevant to the Commissioner's functions. This willnotably include information addressed to the Commissioner by governments, national parliaments,national ombudsmen or similar institutions in the field of human rights, individuals and organisations.2. The gathering of information relevant to the Commissioner's functions shall not give rise to anygeneral reporting system for member States.Article 6

1. Member States shall facilitate the independent and effective performance by the Commissioner of hisor her functions. In particular, they shall facilitate the Commissioner's contacts, including travel, in thecontext of the mission of the Commissioner and provide in good time information requested by theCommissioner.2. The Commissioner shall be entitled, during the exercise of his or her functions, to the privileges andimmunities provided for in Article 40 of the Statute of the Council of Europe and in the agreementsmade thereunder.Article 7The Commissioner may directly contact governments of member States of the Council of Europe.Article 81. The Commissioner may issue recommendations, opinions and reports.2. The Committee of Ministers may authorise the publication of any recommendation, opinion or reportaddressed to it.Article 91. The Commissioner shall be elected by the Parliamentary Assembly by a majority of votes cast from alist of three candidates drawn up by the Committee of Ministers.2. Member States may submit candidatures by letter addressed to the Secretary General. Candidatesmust be nationals of a member State of the Council of Europe.Article 10The candidates shall be eminent personalities of a high moral character having recognised expertise inthe field of human rights, a public record of attachment to the values of the Council of Europe and thepersonal authority necessary to discharge the mission of the Commissioner effectively. During his orher term of office, the Commissioner shall not engage in any activity which is incompatible with thedemands of a full-time office.Article 11The Commissioner shall be elected for a non-renewable term of office of six years.Article 121. An Office of the Commissioner for Human Rights shall be established within the General Secretariatof the Council of Europe.2. The expenditure on the Commissioner and the Office of the Commissioner shall be borne by theCouncil of Europe.