Retour Ceremony of Investiture of Their Excellencies the Captains Regent

As delivered by Marija Pejčinović Burić, Secretary General of the Council of Europe

 

Your Excellencies, the Captains Regent,

Minister for Foreign Affairs,

Ambassadors,

Distinguished guests,

Ladies and gentlemen,

 

It is a pleasure and a privilege for me to witness today a central part of the democratic tradition of this country.

My congratulations go to both of the newly elected Captains Regent.

They now take their place in the roll call of San Marino citizens who have served with dedication and distinction in the interests of their society.

I know that they will follow in that tradition – and what a fine tradition it is.

Inspired by the Roman Republic –

Evolving over centuries –

And ensuring constitutional stability and certainty to the present day –

The investiture fuses custom with civic responsibility.

And it is unique, and it is humbling to see.

But as much as today’s events provide a window to San Marino’s past, it is important to acknowledge that this country’s ethos is in tune with the times.

The Council of Europe exists to protect and promote human rights, democracy and the rule of law –

And to seek peace through multilateralism.

In this, our Organisation has a natural partner in San Marino.

This is a country that has embraced individuals’ fundamental rights –

Has a fine record of providing shelter to those in need, up to and including Ukrainian refugees seeking safe haven at this very time –

And has a history of rejecting war as the means to resolve conflict, in favour of the dialogue and
co-operation that provide mutual understanding and lasting solutions.

I leave it to the academics to debate how this perspective has evolved –

Whether it is a product of geography, historical experience, or the bonds of trust that form in a small country where the citizenry is close to the authorities –

Regardless it is an outlook that San Marino brings to our Organisation and from which our work benefits.

For almost 34 years now, Your Excellencies, your country has been a committed and proactive member state –

Playing its full role in our Committee of Ministers, sending a delegation to the Parliamentary Assembly, and providing a judge at the European Court of Human Rights.

Your country’s contribution to our work on the inter-religious dimension of inter-cultural dialogue has been deep and insightful –

Drawing no doubt on San Marino’s own particular experience.

But as important as the detail is, I hope that San Marino’s citizens also know the overall importance of their participation in this pan-European Organisation.

As one of our 46 member states, their country contributes to a unique legal space underpinned by common legal standards.

These draw from the European Convention on Human Rights.

Ratified by every member state, the Convention includes the right to life;

The prohibition of torture, slavery and forced labour;

The rights to liberty and security, a fair trial, and respect for private and family life;

And freedom of expression, assembly and association, and thought, conscience and religion.

Taken alongside the European Social Charter, these rights have transformed life on our continent for the better over the course of more than 70 years.

The European Court of Human Rights interprets the Convention.

And every individual has the ultimate right of direct appeal to that Court.

Because these fundamental rights belong to every citizen and every citizen must have recourse to justice.

By participating in the Council of Europe’s work –

The standard-setting, the monitoring of authorities’ progress, and the co-operation that ensures best practice –

San Marino is central to our collective work in protecting the fundamental rights of all Europeans.

No other continent has ever achieved this kind of protection for its citizens –

None has even really tried.

But as everyone knows, all is not well in Europe today.

The environment in which we work is profoundly challenging.

Over recent years, we have seen the rise of extreme populism and nationalism –

Often hostile to our values –

And sometimes seeking to undermine multilateralism itself.

The Russian Federation’s brutal, illegal and ongoing aggression against Ukraine is the most extreme example of where this approach leads.

The terrible suffering that has been inflicted –

The sham, so-called referendums that have just been staged –

The mobilisation of hundreds of thousands of Russian citizens and the scarcely veiled threat of an unthinkable nuclear strike.

All of these speak to a logic of cruel injustice that is likely to inflict further pain for some time to come.

Its impact will continue to be felt – in a multitude of ways – across our continent, including here in San Marino.

The Council of Europe was right and swift in its decision to exclude the Russian Federation from our Organisation earlier this year.

Russia’s actions are a clear breach of our Statute.

And they show a casual disregard for individuals’ fundamental rights.

Our priority now is to stand in solidarity with Ukraine and its people –

And to do everything that we can to support them within the terms of our mandate.

That’s why our experts are supporting the work of Ukraine’s Prosecutor General in examining the evidence of serious human rights violations by Russia –

That’s why we have agreed with the Ukrainian authorities an amended Action Plan that will help them to ensure that their justice system, and media –

Among other things –

Meet the standards required given the challenges they now face –

And that’s why we stand ready to invest in rebuilding the institutions and practices that uphold human rights, democracy and the rule of law in Ukraine.

We will do that whenever the current conflict finally ends.

But, stepping back, this is a moment that requires all of us to ask ourselves whether we are doing enough –

And whether we are doing the right things –

Given the new realities and challenges facing our continent.

That’s why a High-level Reflection Group is considering what the future role of the Council of Europe should be.

I look forward to receiving its final report soon –

And to hearing the views of San Marino’s leadership – and all our member states – on what it recommends.

I have also made clear that there should be a Fourth Summit of our Heads of State and Government as soon as possible.

Having considered the High-level Group’s proposals, this will be an opportunity for the
46 governments to agree the right way forward:

To demonstrate their political will –

And to set the Council of Europe on the right footing for the future.

Of course, we must not allow the big strategic picture to distract us from the specific, and ongoing issues that require our attention.

That work must progress too.

Ensuring the rights of national minorities and minority language speakers, for example.

Upholding the rights of minority and vulnerable groups from LGBTI people to Roma and Travellers to migrants, refugees and asylum seekers.

And ensuring that civil society has space to bloom –

That people are able to gather and protest –

And the freedom of speech means a free media from which people can be informed by facts and not fed with false information.

Similarly, we must remain ready – all of us – to move with the times –

Applying our values in line with our evolving insights into the problems we face –

And our understanding of the new challenges that have emerged and which were unknown when the European Convention on Human Rights was drafted.

This is what we mean when we say that the Convention is a “living instrument”.

Its principles are fixed, but its application must be adapted and applied in the present.

Let me give you some examples.

Over the years we have come to better understand the causes and effects of violence against women and domestic violence.

And we have seen new ways through which this age-old abuse harms lives, not least through digital technology.

The Council of Europe has taken a number of steps to address this –

Including our Istanbul Convention.

The gold standard in its field, this treaty outlines specific measures by which governments can prevent harm, protect victims and prosecute perpetrators.

Where it is put into effect, it delivers.

And I am pleased that the number of member states ratifying the Istanbul Convention continues to go up –

Reaching 37 this summer, a group that I hope San Marino is proud to be among.

On the environment, the Council of Europe already has a range of conventions.

But recent judgments from the Court and the growing impact of climate change and harm to our ecosystems has served as an impetus for further action.

As a result, we are doing more, including ongoing work on a new instrument on human rights and the environment.

And we are also aware of the need to act over the impact of artificial intelligence.

The rise of AI provides our societies with many opportunities.

But, equally, the use of algorithms and technology poses many ethical questions, including legal liability, privacy and data protection, and the risk of discrimination.

So, on AI we are also working on a range of measures, including a new transversal instrument to guide national authorities in their policy choices.

All of these problems are cross-border by nature.

They impact on the citizens of San Marino and the citizens of every other member state in a whole myriad of ways.

The best response is a multilateral response rooted in our common standards and values.

I know that San Marino will play its part.

And that the solutions will be stronger for that.

Your Excellencies, on this important day, we think of duty and responsibility.

And I have no doubt that as you take up your responsibilities, you carry those sentiments in your hearts.

I wish you, the Government and people of San Marino every good fortune for the months ahead.

But I finish by saying that I am grateful that the Government of San Marino has always brought those same qualities – duty and responsibility – to its work in the Council of Europe.

We rely on that ethos to make progress for the benefit of all Europeans.

So I thank San Marino for its contribution and look forward to our work together as we seek a better future.

San Marino 1 October 2022
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