IT-TLETTAX-IL LEĠIŻLATURA
P.L. 1614
Dokument imqiegħed fuq il-Mejda tal-Kamra tad-Deputati fis-Seduta Numru 109 tat-8 ta’ Mejju 2018 mill-Ispeaker, l-Onor. Anġlu Farrugia.
______Raymond Scicluna Skrivan tal-Kamra
Second Part of the 2018 Ordinary Session of the Parliamentary Assembly of the Council of Europe
23 - 24 April 2018 Strasbourg, France
Hon Jason Azzopardi, MP Hon Etienne Grech, MP Hon David Stellini, MP
DELEGATION TO THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE
Second Part-Session- 23 to 27 Apri12018
The Assembly brings together 324 men and women from the parliaments of the Council of Europe's 47 member states. Though it contains many voices, reflecting political opinion across the continent, its mission is to uphold the shared values of human rights, democracy and the rule oflaw that are the "common heritage" of the peoples ofEurope.
On Whips' instructions the delegates attended the Second-Part Session 2018 from Monday 23 to Wednesday 25 April 2018 and were the following:
Hon David Stellini- Member Hon Etienne Grech- Substitute Member with voting rights Hon Jason Azzopardi- Substitute Member .' Annex A- Agenda of Plenary and Committees Annex B- Resolutions and Recommendations adopted by the Assembly Annex C - Synopsis of Committee Meetings Annex D --- Memorandum prepared by the Ad Hoc Committee of the Bureau on the role and mission of the Parliamentary Assembly.
The Report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly was tabled by Mr Speaker during sitting no. I 03 of the 23rd April " 2018 (P.L. 1519).
Assembly ' ' In brief, the Plenary Session discussed and passed the following recommendations and resolutions, the texts of which are at Annex B:
Recommendation 2125 (2018) State of emergency: propotiionality issues conceming derogations under Article 15 of the European Convention on Human Rights (Doc. 14506); Recommendation 2126 (2018) Humanitarian needs and rights ofintemally displaced persons in Europe (Doc. 14527); Recommendation 2127 (2018) The situation in Libya: prospects and role of the Council of Europe (Doc. 14519); Recmmnendation 2128 (2018) Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly (Doc. 14540); Recommendation 2129 (2018) Copenhagen Declaration, appreciation and follow-up (Doc. ' ' 14539);
.' Recommendation 2130 (2018) Legal challenges related to hybrid war and human rights obligations(Doc. 14523);
Resolution 2209 (2018) State of emergency: propmiionality issues concerning derogations under Article 15 ofthe European Convention on Human Rights (Doc. 14506); Resolution 2210 (2018) Climate change and implementation of the Paris Agreement (Doc. 14521); Resolution 2211 (2018) Funding of the terrorist group Daesh: lessons learned (Doc. 14510); Resolution 2212 (2018) The protection of editorial integrity (Doc. 14526); Resolution 2213 (2018) The status of journalists in Europe (Doc. 14505) - para. of this resolution states that: The Assembly strongly condemns the assassinations of journalists Daphne Caruana Galizia in Malta, Jim Kuciak in the Slovak Republic and Maxim Borodin in the Russian Federation. It calls on the Maltese, Slovak and Russian authorities to conduct effective investigations into these deaths, in line with the procedural guarantees stemming from A:tiicle 2 of the European Convention on Human Rights; Resolution 2214 (2018) Humanitarian needs and rights of internally displaced persons in Europe (Doc. 14527); Resolution 2215 (2018) The situation in Libya: prospects and role of the Council of Europe (Doc. 14519); I' Resolution 2216 (2018) Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly (Doc. 14540) - copy of the report of the Investigation Body was tabled by Mr Speaker during sitting no. 103 of the 23rd April2018 (P.L. 1519); Resolution 2217 (2018) Legal challenges related to hybrid war and human rights obligations •• (Doc. 14523 ); Resolution 2218 (2018) Fighting organised crime by facilitating the confiscation of illegal assets (Doc. 14516); Resolution 2219 (2018) Drug-resistant tuberculosis in Europe (Doc. 14525); and Resolution 2220 (2018) Integration, empowennent and protection of migrant children through compulsory (Doc. 14524).
During this part-session, the Assembly was addressed by Mr Nikola Dimitrov, Minister for ,, Foreign Affairs of the fonner Yugoslav Republic of Macedonia, and by Mr Thorbjorn J agland, Secretary General of the Council of Europe.
Committees "
Our delegates, besides attending the plenary, took part in the meetings of their respective political grouping and participated in the proceedings of the following Committees, the agenda and synopsis of which are at Annexes A & C:-
Hon David Stellini: Committee on Migration, Refugees and Displaced Persons; and (as substitute) Committee on Culture, Science, Education and Media.
Hon Etienne Grech: Committee on Social, Health and Sustainable Development; and (as substitute) Committee on Equality and Non-Discrimination. During this part-session Hon Grech also attended sittings of the Assembly substituting Hon Rosianne Cutajar and meetings of the Legal Affairs and Human Rights Committee substituting Hon Emanuel Mallia. Hon Jason Azzopardi: the Political Affairs and Democracy Committee and (as substitute) the Conunittee on Migration, Refugees and Displaced Persons.
The Ad Hoc Committee of the Bureau on the role and mission of the Parliamentary Assembly prepared a memorandum as per Am1ex D which will be discussed further at the Standing Committee meeting to be held in Zagreb on 1st Jnne 2018.
The Socialist Group unanimously elected Ms Liliane Paquier as the group's candidate for the Office of President of the Parliamentary Assembly and she is expected to fill that post as per standing agreement among political groupings as a replacement to Mr Michele Nicoletti (SOC), the present president of the PACE as he failed to be elected in the last Italian parliamentary elections.
Appointment of Rapporteur on the motion: Daphne Caruana Galizia's assassinaiton and the rule of law, in Malta and beyond: ensuring that the whole truth emerges (Doc. I 14479)
At Monday's meeting of the Legal Affairs and Human Rights Committee, the Committee appointed the rapporteur on the above-mentioned motion. In fact, Mr Pieter Omtzigt I (EPP/CD Netherlands), the one who tabled the motion, was the only candidate and since there were no objections, he was appointed rapporteur. Mr Omtzigt declared that he had no conflict of interest and infonned the Committee that he had already met members of the Caruana Galizia family. f• Our Pennanent Representative in Strasbourg, Dr Joseph Filletti, on Monday called at the Office of the Delegation and had an exchange of views with delegates. r
lLHon David Stellim '------H on Etiellile Grech Member Substitute Member ,,
;t May2018
" Parliamentary Assembly · Assemblee parlementaire ~..,~ t~~- Y/,./ ~ ~ d!!''lW!Iih.l'£~'l!'lfm~itil·------CONSEIL DE lEUROPE
2018 ORDINARY SESSION
Second part
23-27 April 2018
TEXTS ADOPTED .' BY THE ASSEMBLY
.' Provisional versions
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I I Table of contents
Recommendations
Recommendation 2125 (2018) State of emergency: proportionality issues concerning derogations under Article 15 of the European Convention on Human Rights (Doc. 14506) Recommendation 2126 (2018) Humanitarian needs and rights of internally displaced persons in Europe (Doc. 14527) Recommendation 2127 (2018) The situation in Libya: prospects and role of the Council of Europe (Doc. 14519) Recommendation 2128 (2018) Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly (Doc. 14540) Recommendation 2129 (2018) Copenhagen Declaration, appreciation and follow-up (Doc. 14539) Recommendation 2130 (2018) Legal challenges related to hybrid war and human rights obligations (Doc. 14523)
Resolutions
Resolution 2209 (2018) State of emergency: proportionality issues concerning derogations under Article 15 of the European Convention on Human Rights (Doc. 14506) Resolution 2210 (2018) Climate change and implementation of the Paris Agreement (Doc. 14521) Resolution 2211 (2018) Funding of the terrorist group Daesh: lessons learned (Doc. 14510) Resolution 2212 (2018) The protection of editorial integrity (Doc. 14526) Resolution 2213 (2018) The status of journalists in Europe (Doc. 14505) Resolution 2214 (2018) Humanitarian needs and rights of internally displaced persons in Europe (Doc. 14527) Resolution 2215 (2018) The situation in Libya: prospects and role of the Council of Europe (Doc. 14519) Resolution 2216 (2018) Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly (Doc. 14540) Resolution 2217 (2018) Legal challenges related to hybrid war and human rights obligations (Doc. 14523) Resolution 2218 (2018) Fighting organised crime by facilitating the confiscation of illegal assets (Doc. 14516) Resolution 2219 (2018) Drug-resistant tuberculosis in Europe (Doc. 14525) Resolution 2220 (2018) Integration, empowerment and protection of migrant children through compulsory (Doc. 14524)
·. Recommendations 2125 to 2130
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Recommendation 2125 (2018)1 Provisional version
State of emergency: proportionality issues concerning derogations under Article 15 of the European Convention on Human Rights
Parliamentary Assembly i
1. The Parliamentary Assembly refers to its Resolution 2209 (2018) "State of emergency: proportionality issues concerning derogations under Article 15 of the European Convention on Human Rights".
2. The Assembly recommends that the Committee of Ministers examine State practice in relation to derogations from the European Convention on Human Rights (ETS No. 5), in the light of the requirements of Article 15 and the case law of the European Court of Human Rights, the requirements of international law and the Assembly's findings and recommendations in Resolution 2209 (2018), with a view to identifying legal standards and good practice and, on that basis, adopt a recommendation to member States on the matter. ••
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1. Assembly debate on 24 April 2018 (12th Sitting) (see Doc. 14506, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Raphael Comte). Text adopted by the Assembly on 24 April2018 (12th Sitting). " Recommendation 2126 (2018)1 Provisional version
Humanitarian needs and rights of internally displaced persons in Europe
Parliamentary Assembly
1. Recalling Committee of Ministers Recommendation Rec(2006)6 on internally displaced persons and the judgments of the European Court of Human Rights concerning the human rights of internally displaced persons (lOPs), the Parliamentary Assembly refers to its Resolution 2214 (2018) on the humanitarian needs and rights of internally displaced persons in Europe and recommends that the Committee of Ministers ensure I that such judgments of the Court be executed as a matter of priority and urgency, using Article 46.4 of the European Convention on Human Rights (ETS No. 5) in cases where a respondent State refuses to execute a judgment.
2. The Assembly recommends that the Committee of Ministers step up its efforts and practical action to ensure that all respondent States abide by the decisions of the European Court of Human Rights regarding I compensation awarded in respect of the denial of the use and ownership of lOPs' property and other non '' pecuniary losses.
3. Recalling Articles 7 and 8 (2.b.xiii) of the Rome Statute of the International Criminal Court, the Assembly recommends that the Committee of Ministers ask the Committee of Legal Advisers on Public r International Law (CAHOI) to establish, in accordance with Article 12 of the United Nations Convention on Jurisdictional Immunities of States and Their Property and the general principles of international law, guidelines for the recognition and enforcement by domestic courts in other member States of judgments of the European Court of Human Rights awarding financial compensation to lOPs, if a respondent State refuses to execute such a judgment. .'
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1. Assembly debate on 25 April 2018 (15th Sitting) (see Doc. 14527, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Mr Killion Munyama). Text adopted by the Assembly on 25 April2018 (15th Sitting). Recommendation 2127 (2018)1 Provisional version
The situation in Libya: prospects and role of the Council of Europe
Parliamentary Assembly
I 1. The Parliamentary Assembly refers to its Resolution 2215 (2018) "The situation in Libya - prospects and the role of the Council of Europe".
2. Being aware that only the establishment of unified state structures will help to end widespread and daily violations of human rights and humanitarian law in Libya and will be able to lastingly reduce the terrorist threat I and stem migration flows, which are realities affecting the member States directly, the Assembly considers that the Council of Europe has good reason to contribute to the efforts of the United Nations Support Mission in Libya to this end, bearing in mind its expertise in institutional matters and the objectives set by the Special Representative of the United Nations Secretary-General for Libya in his Action Plan of 20 September 2017.
3. Noting that the establishment of this co-operation organised on an ad hoc basis could partly be carried •• out within a regional framework by favouring the opening of targeted programmes, currently covering countries like Tunisia, to representatives of the administrations of the Libyan Government of National Accord, the Assembly, subject to the Libyan authorities' request, requests the Committee of Ministers to be ready to assist in a timely manner in: 3.1. the establishment of criteria for monitoring the respect for human rights of migrants in Libya and in Libyan territorial waters based on the relevant conventions and in particular on the European Convention on Human Rights (ETS No. 5) and its case law; 3.2. the establishment of electoral assistance in preparation for a constitutional referendum and then for parliamentary and presidential elections; l ' 3.3. the creation of a media environment capable of reporting on the above elections, working as much as possible in line with international ethical standards for journalists. ' '
' ' 1. Assembly debate on 25 April 2018 (15th Sitting) (see Doc. 14519, report of the Committee on Political Affairs and Democracy, rapporteur: Mr Attila Korodi; and Doc. 14534, opinion of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Tin eke Strik). Text adopted by the Assembly on 25 April 2018 (15th Sitting). '' W Parliamentary Assembly ~~ Assemblee parlementaire ~-,~ ~ dffiill~~~~·~·~·~·~·mBaaaammmm~.. =-~ammaaa.a~._BE_.~ma~~ CONSEIL DE lEUROPE
Recommendation 2128 (2018)1 Provisional version
Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly
Parliamentary Assembly
1. ·With reference to Resolution 2216 (2018) on follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly, the Parliamentary Assembly affirms its determination to promote an atmosphere of zero tolerance towards corruption and to fully recover its t institutional and political credibility within the Council of Europe. It recalls the decisions it has taken to deal ' with the allegations of corruption and fostering of interests made against some of its members or former members, which have led it to improve its integrity and transparency framework.
2. On 22 April2018, the Independent External investigation Body on allegations of corruption (IBAC), set up a year earlier on the Assembly's initiative to conduct a detailed independent investigation into the '' allegations of corruption and fostering of interests, delivered its report.
3. As the Investigation Body acknowledges, "the Parliamentary Assembly is to be commended for its courage in reacting to these allegations and making clear its determination not to tolerate corruption within its ranks. It has done so not only by inviting GRECO [the Group of States against Corruption] to assess and recommend improvements to the regulatory framework governing the conduct of members of the Assembly but by responding to the call, made both inside and outside the institution itself, for an independent investigation of the allegations of corruption and other forms of unethical conduct. In doing so, it has set an example to other national and international institutions confronted with similar grave challenges" (report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly, .' paragraph 759).
4. The Assembly intends to draw all the necessary consequences, on all levels, from the recommendations and conclusions of the Investigation Body's report, be they the recommendations aimed at improving its general operating framework and at remedying shortcomings in the transparency of parliamentary procedures, or the conclusions criticising the conduct of some members or former members of the Assembly who had conflicts of interest and breached the Assembly's rules of conduct.
5. The Assembly nevertheless notes that, although the Investigation Body cannot provide proof of the existence of a co-ordinated network of corruption within the Assembly, the failings of some members and former members clearly involve corrupt practices extending far beyond the scope of the Parliamentary Assembly itself and, indeed, the parliamentary environment itself: they were only possible, and might still persist, as a result of the direct involvement, the active support or, at the very least, the culpable abstention of governments of Council of Europe member States. The Assembly deplores this behaviour and invites them to take appropriate action.
.' 1. Assembly debate on 26 April 2018 (16th Sitting) (see Doc. 14540, report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Ms Petra De Sutter; and Doc. 14543, opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Ms Olen a Sotnyk). Text adopted by 1/Je Assembly on 26 April2018 (16th Sitting). ' ' Recommendation 2128 (2018)
6. The Assembly therefore invites the Committee of Ministers to take due stock of the steps taken by the Assembly since January 2017 and to support it in its efforts. "The fight against corruption ... is not one for the Assembly alone", as the Investigation Body stresses. l..L/;:?-- Parliamentary Assembly ttfl~ Assemblee parlementaire ~-,~ ~ dnernf/~fl-1l!Eli·:ru•!l'tA:ill Recommendation 2129 (2018)1 Provisional version Copenhagen Declaration, appreciation and follow-up Parliamentary Assembly 1. The Parliamentary Assembly takes note of the Declaration adopted at the conference on the European human rights system in the future Europe, organised in Copenhagen on 12 and 13 April 2018 by the Danish chairmanship of the Committee of Ministers. 2. The Assembly recalls its own previous work on U1e reinforcement and reform of the system of the European Convention on Human Rights (ETS No. 5, "the Convention"), notably Resolution 1726 (201 0) !' "Effective implementation of the European Convention on Human Rights: the Interlaken Process", Resolution 1856 (2012) "Guaranteeing the authority and effectiveness of the European Convention on Human Rights" and Resolution 2055 (2015) "The effectiveness of the European Convention on Human Rights: the Brighton Declaration and beyond". 3. The Assembly welcomes the reaffirmation in the Copenhagen Declaration by the States Parties of their " commitment to the Convention, to the fulfilment of their obligations thereunder and to the right of individual application as a cornerstone of the system. It shares their recognition of the fact that the Convention has made an extraordinary contribution to the protection and promotion of human rights and the rule of law in Europe and continues to play a central role in maintaining democratic security and improving good governance. 4. The Assembly is also appreciative of the fact that the Copenhagen Declaration as adopted largely reflects the approach advocated by the Assembly in its declaration adopted by the Standing Committee on 16 March 2018. In particular, it fully agrees that ineffective national implementation "remains the principal challenge confronting the Convention system" and that the case load of the European Court of Human Rights ("the Court") "still gives reason for serious concern". It also welcomes the States' reaffirmation of their "strong '' commitment to the full, effective and prompt execution of judgments". 5. The Assembly is nevertheless greatly concerned about the fact that a founding member of the Council of Europe saw fit to submit a draft declaration that would have put in question some of the fundamental " principles on which the Convention system depends. This is all the more disappointing for the fact of apparently being motivated by purely domestic considerations, regardless of their consequences for Europe's core human rights protection mechanism. The Assembly trusts that future chairmanships of the Committee of Ministers will take a more constructive and supportive approach towards the Convention and the Court. 6. Despite the significant progress made in refining the initial draft text in order to arrive at the final, adopted version, the Assembly nevertheless has certain concerns with regard to the Copenhagen Declaration, in particular the following: 6.1. whilst recognising that ineffective national implementation and inadequate execution of Court judgments are still the main problems facing the Convention system, the Declaration proposes very little that can be called new by way of solutions; " 1. Assembly debate on 26 April 2018 (17th Sitting) (see Doc. 14539, report of the Committee on Legal Affairs and Human Rights, rapporteur: Ms Thorhildur Sunna JEvarsd6ttir). Text adopted by the Assembly on 26 April 2018 (17th Sitting). '' Recommendation 2129 (2018) 6.2. the Declaration still contains vaguely defined and conceptually problematic ideas about "dialogue" between the States Parties and the Court, including on the interpretation of Convention rights, which could be developed in ways that would threaten the Court's independence; 6.3. the Declaration fails adequately to appreciate and encourage the role and contributions of other stakeholders and actors, including the Assembly, national parliaments, the Council of Europe Commissioner for Human Rights and civil society. 7. The Assembly therefore calls on the Committee of Ministers to: 7.1. take concerted and effective action to address the problems of ineffective national implementation of the Convention, including inadequate execution of Court judgments, notably on the basis of recommendations contained in Assembly Resolutions 1726 (2010), 1856 (2012) and 2055 (2015) and Recommendations 1991 (2012) and 2070 (2015), and in the intergovernmental expert reports prepared in the course of the Interlaken reform process; 7.2. avoid any statements or actions that might undermine the independence of the Court when exercising its jurisdiction under Article 32 of the Convention, and call on States Parties to seek to influence the Court's interpretation of the Convention only in the course of judicial proceedings, including through third-party interventions; 7.3. engage fully all stakeholders in the Convention system, including the Assembly, in the reform process, and ensure that their roles and contributions are recognised and encouraged as part of the overall package of measures intended to reinforce the Convention system. 8. The Assembly resolves to continue following the process of reform of the Convention system, with a view to protecting its fundamental principles, including the independence of the Court, reinforcing the role of national parliaments and holding States Parties to account for the fulfilment of their obligations. ~ Parliamentary Assembly lftL~ Assemblee parlementaire ~~ ~::::=- *;m'!lfl~lil-m·l!!nl!'MfESI!Iml•:il!·filiD:DIIIilil!llllllll!llllllllllllllilil!lll!!!llllllllllllllll!lllillllllllllllll!ililllllllll!llllllllllil-llllll!llllll!lllllllllll CONSEILDE LEUROPE Recommendation 2130 (2018)1 Provisional version Legal challenges related to hybrid war and human rights obligations Parliamentary Assembly 1. The Parliamentary Assembly refers to its Resolution 2217 (2018) on legal challenges related to hybrid war and human rights obligations. 2. The Assembly recommends that the Committee of Ministers: ! 2.1. conduct a study on hybrid war threats, with a special focus on non-military means, in order to ' identify key vulnerabilities and specific hybrid-related indicators, potentially affecting national and European structures and networks and to identify legal gaps and develop appropriate legal standards, including considering a new Council of Europe convention on this subject; 2.2. develop principles for regulatory reform of social media platforms to ensure transparency in the ,, conduct of free and fair elections; 2.3. examine State practice in countering hybrid war threats, with a view to identifying legal standards and good practice and ensuring compliance of this practice with the safeguards provided for by the European Convention on Human Rights (ETS No.5); 2.4. step up co-operation with other international organisations working in this field, in particular the European Union and the North Atlantic Treaty Organisation (NATO); 2.5. promote the ratification by member and non-member States of the Convention on Cybercrime (ETS No. 185); 2.6. examine ways in which the Convention on Cybercrime is implemented by its States Parties and initiate a reflection on whether it could be improved. .' ' ' 1. Assembly debate on 26 April 2018 (17th Sitting) (see Doc. 14523, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Boriss Cilevics; and Doc. 14536, opinion of the Committee on Culture, Science, Education and Media, rapporteur: Mr Volodymyr Ariev). Text adopted by the Assembly on 26 April2018 (17th Sitting). Resolutions 2209 to 2220 I. I' •• •• " .' W Parliamentary Assembly ttfl~ Assemblee parlementaire ~-,~ ~~~ diimlflm:rnm!'i£AIH,gihi~~mmmmm..a .. .aRBa&amama&a&a& .... mmaaBBaaBmBE._._ Resolution 2209 (2018)1 Provisional version State of emergency: proportionality issues concerning derogations under Article 15 of the European Convention on Human Rights Parliamentary Assembly I 1. It is the State's responsibility to take preventive measures to protect the interests of society in time of war or other public emergency threatening the life of the nation, as the Parliamentary Assembly has l previously noted in Resolution 1659 (2009) on the protection of human rights in emergency situations. Such situations may even require restrictive measures that exceed what is normally permitted under the European Convention on Human Rights (ETS No. 5, "the Convention"). Without appropriate guarantees, such measures create serious risks for democracy, human rights and the rule of law. 2. The Convention is adaptable to any and all circumstances, continuing to regulate the State's actions ' even in the event of national crisis. Article 15 of the Convention allows States to derogate from certain of their ~· obligations in time of war or other public emergency threatening the life of the nation. In no circumstances, however, does it allow national authorities to act without constraint. 3. There can be no derogation at all from certain rights, as specified in Article 15; nor may derogations r from other rights violate international humanitarian law or peremptory norms of international law, or procedural guarantees in such a way as to circumvent the protection of non-derogable rights. Fundamental safeguards of the rule of law, in particular legality, effective parliamentary oversight, independent judicial control and effective domestic remedies, must be maintained even during a state of emergency. Due democratic process, including separation of powers, as well as political pluralism and the independence of civil society and the media must also continue to be respected and protected. •• 4. Beyond these constraints, the overarching principle of proportionality limits the action that may be taken, via the stringent test of what is "strictly required by the exigencies of the situation". Normal measures or restrictions permitted by the Convention for the maintenance of public safety, health and order must be plainly inadequate before derogatory, emergency measures are permissible. A state of emergency that requires derogation from the Convention must be limited in duration, circumstance and scope. Emergency powers may be exercised only for the purposes for which they were granted. The duration of emergency measures and their effects may not exceed that of the state of emergency. 5. The State must, without any unavoidable delay, inform the Secretary General of the Council of Europe of the measures taken and the reasons for them, and of when such measures have ceased to operate and the Convention is again being fully applied. 6. Three States have or, until very recently, had derogations in force: in chronological order, Ukraine, France and Turkey. [, 1. Assembly debate on 24 April 2018 (12th Sitting) (see Doc. 14506, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Raphael Comte). Text adopted by the Assembly on 24 April 2018 (12th Sitting). See also Recommendation 2125 (2018). I' Resolution 2209 (2018) 7. Ukraine notified the Secretary General of its derogation on 9 June 2015. It stated that the "public emergency threatening the life of the nation" consisted of the "ongoing armed aggression of the Russian Federation against Ukraine, together with war crimes and crimes against humanity committed both by regular Armed Forces of the Russian Federation and by the illegal armed groups guided, controlled and financed by the Russian Federation". Ukraine's derogation concerns four specific laws adopted on 12 August 2014. It extends only to certain specified localities in the Donetsk and Luhansk oblasts. The notification specifies the Convention rights from which Ukraine derogates and indicates the nature of the circumstances in which the derogation may be withdrawn. 8. The Assembly reiterates its condemnation of the Russian aggression in Ukraine, in violation of international law and the principles upheld by the Council of Europe, and recalls the credible reports of violations of international human rights and humanitarian law by all sides to the conflict. 9. The Assembly is concerned about the provision in one of the Ukrainian laws permitting preventive detention for up to 30 days. Whilst this provision seems not to have been applied, its potential duration may be disproportionate. The Assembly is also concerned about the manner in which some of the other laws have been applied, in particular administration of and material conditions at the crossing points between government-controlled and non government-controlled territory, and the functioning of courts transferred from non government-controlled territory to government-controlled territory. 10. France notified the Secretary General of its derogation on 24 November 2015. The notification recalls that "on 13 November 2015, large-scale terrorist attacks took place in the Paris region" and asserts that "the terrorist threat in France is of lasting nature"; later notifications prolonging the derogation refer also to "an imminent danger resulting from serious breaches of public order". France's derogation relates to its application of Law No. 55-385 of 3 April 1955 on the state of emergency ("the 1955 Law"), which grants a range of restrictive powers to the administrative authorities throughout metropolitan France and its overseas territories. The state of emergency has been prolonged on several occasions, sometimes with modifications made to the 1955 Law and its application. The notifications do not specify the Convention rights from which France derogated. 11. The Assembly reiterates its condemnation of these terrorist attacks, which target the very values of democracy and freedom, recalling that since November 2015, France has repeatedly suffered further such atrocities. 12. The Assembly notes with concern the various criticisms made of the state of emergency in France, including its use of subjective and insufficiently precise terms to define the scope of application and its reliance on posterior judicial review by the administrative courts, including on the basis of notes blanches provided by the intelligence services, instead of the prior authorisation by the ordinary courts required under criminal law. It is also concerned about the cases of improper behaviour by police during administrative searches and the application of emergency measures to situations not directly related to the grounds for the state of emergency. It notes that these matters have been carefully examined by the competent domestic courts. It welcomes the structured, continuous parliamentary oversight of the state of emergency and the close scrutiny given to it by national human rights structures, civil society and the media, to whose criticisms the government remained attentive. 13. On 30 October 2017, France adopted a new law on "reinforcing domestic security and the fight against terrorism" ("the 2017 Law"), including measures with a similar aim to some of those previously available under the state of emergency, subject to enhanced legal guarantees. This permitted the lifting of the state of emergency and the withdrawal of the derogation. The Assembly, recognising the legal and political complexities involved, welcomes the end of the state of emergency in France, whose duration had become questionably long. It encourages the French authorities to ensure that the 2017 law is applied in full compliance with Council of Europe standards, including those of the Convention. 14. Turkey notified the Secretary General of its derogation on 21 July 2016, stating that the measures taken may involve derogation from the obligations under the Convention, permissible under Article 15. The notification refers to the failed coup attempt of 15 July 2016 and its aftermath, which, "together with other terrorist acts have posed severe dangers to public security and order, amounting to a threat to the life of the nation in the meaning of Article 15 of the Convention". Turkey's derogation relates to the successive emergency decree-laws that have been passed under the state of emergency that was declared on 20 July 2016 and prolonged on several occasions since. Turkey has notified the Secretary General of all prolongations of the state of emergency and all of the decree-laws. It has not explained whether there were particular circumstances to justify the prolongations. The notifications do not specify the Convention rights fmm \Mhir.h TtirkP\1 rlPmn~tP~ thi<:: nnt hPinn ::t n:::ontlirpm,::.nt nf Artir.IP. 1 1=\ Resolution 2209 (2018) 15. The Assembly reiterates its firm condemnation of the criminal attempt to overthrow Turkey's democratically elected institutions and again fully acknowledges that these events were traumatic for Turkish society. II also reiterates its recognition of the multiple threats and challenges facing Turkey, the existence of a legitimate reason to declare a state of emergency, and Turkey's right and duty to fight terrorism and address security issues in order to protect its citizens and its democratic institutions. The Assembly also firmly condemns terrorist attacks, which target the very values of democracy and freedom, recalling that since the coup attempt, Turkey has repeatedly suffered further such atrocities. 16. The Assembly recalls the conclusions it reached on the state of emergency in Resolution 2156 (2017) on the functioning of democratic institutions in Turkey. It also recalls the relevant positions taken by the Congress of Local and Regional Authorities of the Council of Europe, the Council of Europe Commissioner for Human Rights, the Conference of International Non-governmental Organisations and the European Commission for Democracy through Law (Venice Commission), among others. On this basis, it considers that Turkey's response to the unquestionably serious situation described in the derogation is disproportionate on numerous grounds, in particular: 16.1. the powers granted to the government have been used for certain purposes going beyond what is strictly required by the exigencies of the situation giving rise to the state of emergency; 16.2. the duration of the state of emergency has exceeded what is strictly required; 16.3. emergency powers have been used, without effective parliamentary or judicial oversight, to i make permanent changes both to the status and rights of natural and legal persons and to legislation, including in areas of particular political and legal significance; 16.4. the overall impact of emergency measures on natural and legal persons has been excessive, both in scope and by being indiscriminate as to the degree of alleged culpability and permanent in !' effect; 16.5. delays in implementing a timely effective remedy for such a large number of cases have unduly prolonged the impact of emergency measures on persons who may have been wrongly affected. 17. The Assembly also reiterates its concerns about the wider situation in Turkey concerning political pluralism, local democracy, the judiciary, the situation of human rights defenders and civil society and the ,, media, notably in relation to application of anti-terrorism laws. This background heightens the Assembly's concerns in relation to the disproportionality of measures taken under the state of emergency; the Assembly will continue to follow up this issue. The Assembly is particularly concerned about the fact that on 18 April 2018, the President of Turkey called for the presidential and parliamentary elections, previously expected in November 2019, to be brought forward to 24 June 2018, just hours before the Turkish Parliament renewed the state of emergency for a further three months. In this respect, the Assembly recalls the clear position of the Venice Commission against the holding of elections or referenda under a state of emergency, when normal democratic freedoms may be severely restricted, as is currently the case in Turkey. 18. The Assembly therefore recommends that: 18.1. Ukraine: .' 18.1.1. reconsider the utility and hence the necessity of maintaining the provision on 30-day preventive detention, which the Constitutional Court should be given the opportunity of examining; 18.1.2. make further efforts to enhance material conditions for people in the Donetsk and " Luhansk regions using the crossing points between government-controlled territories and territories temporarily under the effective control of the Russian authorities; 18.1.3. make further efforts to ensure the proper functioning of and sufficiency of resources for courts transferred from territories in the Donetsk and Luhansk regions temporarily under the effective control of the Russian authorities; 18.1.4. ensure that parliamentary scrutiny of the emergency measures is sufficient and effective; 18.2. France: 18.2.1. review the 1955 Law, which remains on the statute books and could be used again in future, in light of recent criticisms and the availability of comparable measures under the 2017 Law, examining in particular concerns relating to definitions used in certain provisions, the effectiveness of judicial oversight, individual remedies for damage or misconduct committed by .' 3 " Resolution 2209 (2018) 19.6. ensure that the normal checks and balances of a pluralistic democracy governed by the rule of law continue to operate to the maximum extent possible, respecting democratic process and the authority of parliament and local authorities, the independence of the judiciary and national human rights structures and the freedoms of association and expression, especially of civil society and the media. 20. The Assembly recommends that the Secretary General of the Council of Europe: 20.1. as depository of the Convention, provide advice to any State Party considering the possibility of derogating on whether derogation is necessary and, if so, how to limit strictly its scope; 20.2. open an inquiry under Article 52 of the Convention in relation to any State that derogates from the Convention; 20.3. on the basis of information provided in response to such an inquiry, engage in dialogue with the State concerned with a view to ensuring the compatibility of the state of emergency with Convention standards, whilst respecting the legal competence of the European Court of Human Rights. j I' •• " l ' ~ Parliamentary Assembly ltfL~ Assemblee parlementaire ~"~ ==--i!ffill'll\m\lj\1111!.!:'1\li·ruarn.mi!!ll!l!llllllli!IIIIIIIBII!III ______II!IIIIIIIIlllllllll-l!llillillllll!lli-ill!illl CONSEIL DE tEUROPE Resolution 2210 (2018)1 Provisional version Climate change and implementation of the Paris Agreement Parliamentary Assembly 1. By signing the Paris Agreement in December 2015, 194 countries of the United Nations and the European Union recognised climate change as an existential threat to humanity: there is no planet "B", and i the health of our planet is key to our own prosperity. The entry into force of the Agreement just one year after its signature was a remarkable sign of the global community's resolve to act deep and wide, moving towards a "bottom-up" approach as opposed to the "top-down" logic pursued previously. Despite the recent withdrawal of the United States federal administration, over 70% of global greenhouse gas emissions remain covered by I nationally determined contributions under the Paris Agreement. However, to stop global temperatures from ' rising more than 2"C by 2050, additional efforts are required over the next decade. 2. The Parliamentary Assembly hails European leadership in steering the global process to prevent the planet from overheating. Cleaner, more sustainable development is the only way forward to correctly I accommodate the needs of the present and future generations, wherever they live. Considering that ,, developing countries are most severely affected by climate change, although they are far less responsible for the greenhouse gas emissions than developed countries, more solidarity between developed and developing countries is needed to share know-how, (financial) resources and clean technologies, especially with the small island developing States (as agreed in the Small Island Developing States Accelerated Modalities of Action (Samoa Pathway)). 3. The Assembly therefore believes that implementation of the Paris Agreement should go hand in hand with the Sustainable Development Goals (SDGs) of the 2030 Agenda for Sustainable Development agreed by the global community in the same year. It refers to the ample evidence showing that investment in more environmentally friendly development and global sustainable policies makes good economic sense, as well as ' being a responsible policy choice for the future. Worldwide, the cost of extreme climatic events is ever . increasing, as is the cost of inaction; in Europe, the cost of damage incurred from climatic disasters has already doubled between the 1980s and the 2000s, totalling as much as €436 billion according to the European Environment Agency. " 4. The Assembly welcomes the launch of the Marrakech Partnership for Global Climate Action with a view to the implementation of the Paris Agreement. This strategy aims to involve multiple actors in pro-climate action: it supports voluntary collaboration of civil society, the private sector, financial institutions, local and subnational authorities, and local communities, as applicable. In this context, urban, estuarial and island development models deserve special support so as to tap the huge potential of green growth in serving both the population and the climate cause, as well as low carbon growth and renewable energies. 5. Mainstreaming sustainable development and resilience to climate change in national policies through law remains a considerable challenge for European countries. The Assembly regrets that official national delegations to global climate change meetings (COPs) rarely include parliamentarians and urges European countries to lead the change by example and systematically include parliamentarians in their delegations. 1. Assembly debate on 24 April 2018 (13th Sitting) (see Doc. 14521, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Mr John Prescott). Text adopted by the Assembly on 24 April 2018 (13th Sitting). '' Resolution 2210 (2018) Such closer involvement of legislators should enable better policy coherence with a view to honouring domestic and international commitments under the Paris Agreement, ensuring a more balanced allocation of budgetary resources, and putting into place the legislative framework for green investment. 6. In the light of the above considerations, the Assembly calls for strong national measures to promote the implementation of the Paris Agreement at all levels of governance. It invites the member States to: 6.1. draw up an ambitious national strategy accompanied by a concrete action plan, built and implemented with the active and direct participation of regional authorities, for mainstreaming the Sustainable Development Goals, in particular where they relate to climate change concerns, across the main policy fields; 6.2. draft a National Capital Raising Plan detailing the financial resources to be mobilised in order to implement those action plans, considering both national and international funding sources, thus providing certainty to domestic and foreign investors and making the most of the growth potential of sustainable development; 6.3. hold regular consultations with different stakeholders (civil society, the private sector, financial and academic institutions, local and subnational authorities, and local communities) to monitor progress in cutting emissions and adapting to the negative impacts of climate change, and to identify problem areas that hinder the attainment of nationally determined contributions; 6.4. take advantage of regional opportunities for exchanges of good practice and co-investment in climate-friendly development models under the Marrakech Partnership for Global Climate Action; 6.5. make pledges and honour their commitments towards replenishing the Green Climate Fund set up under the United Nations Framework Convention on Climate Change (UNFCCC) in 2010, in line with the principle of common but differentiated responsibilities; 6.6. advance the transition to the circular economy, devise incentives for both public and private sectors for the re-use of materials at the end of the product cycle, as well as to establish ambitious national recycling targets for 2030 and 2050; 6.7. promote a sustainable urbanisation vision by pursuing smart-city policies to turn European cities into global leaders in attracting sustainable investment, with special attention to energy efficiency in buildings, the means for cutting greenhouse gas emissions from transport, district heating and cooling, renewable energy generation, waste management and sustainable, innovative industrial activities; 6.8. map out the transition to more sustainable, innovative farming practices so that the use of natural resources is optimised, value-added generation is maximised, European biodiversity is protected, and greenhouse gas emissions are significantly reduced or captured and diverted to other uses; 6.9. foster participation of the private sector- through both voluntary and binding measures - to ensure that it contributes its fair share to achieving domestic climate goals; 6.1 0. restructure their energy production and consumption in such a way that fossil materials are increasingly diverted to non-energy uses and gradually replaced by renewable energy sources; 6.11. foster the adoption of ambitious measures on green public procurement, reinforcing the role of the public sector in creating a market pull for low-carbon, innovative solutions and reinforcing the role of Europe's industry in providing those solutions; 6.12. secure the involvement of national parliamentarians in global climate negotiations and in prior governmental consultations on the national negotiating position; 6.13. where feasible, consider joining the European Emissions Trading System following the example of non-European Union countries that have already done so; 6.14. assure gender-responsive climate policy by implementing the Gender Action Plan as agreed by the COP23. 7. The Assembly stresses the importance of parliamentary action in relation to the above measures. It believes that legislators of the Parties to the Paris Agreement have the duty to check that the five-year roadmap for assessing national climate policies is on track and in line with the agreed national targets. The Assembly therefore calls on national parliaments to ensure that dedicated structures, mechanisms and resources are in place for stepping up national efforts on climate change. Resolution 2210 (2018) 8. Finally, the Assembly urges the three member States (the Russian Federation, San Marino and Turkey) that have not yet ratified the Paris Agreement to do so at the earliest opportunity. I ,, ! •• •• " " ~ Parliamentary Assembly ttfl~ Assemblee parlementaire ~~ ~~ df~l~ru·~~~a.BEmBBBRmUBBBBBUBBBRmaB.OBm&BB&mBBmBa5 Resolution 2211 (2018)1 Provisional version Funding of the terrorist group Daesh: lessons learned Parliamentary Assembly 1. The Parliamentary Assembly continues to be concerned about the threat posed by terrorist I organisations such as Daesh to peace and stability in the Middle East, even if the plan by Daesh to create a caliphate in Syria/Iraq has failed, thanks mainly to military action by Iraqi and Syrian, including Kurdish, fighters, supported by the international community. 2. The Assembly warns that the military defeat of Daesh in Iraq and Syria does not necessarily mean the i end of this terrorist group as it will probably morph into something different. It is therefore important to ensure that it will not be able to use the funding sources it has used in the past. In addition, although some of these sources are specific to Daesh, many can be- and are indeed- used by other terrorist organisations. 3. Daesh operations have included terrorist attacks undertaken within the Arab World but also beyond. The organisation has claimed responsibility for attacks in many countries around the world. While these .' tragedies are sometimes the fruit of a more organised group-led attack, often they are carried out by so-called "lone wolves" or isolated individuals, who have been radicalised. One of the most serious challenges to Europe and the United States is posed by these individuals, especially foreign fighters coming home from Iraq and Syria who are likely to revive underground networks in their countries. The Assembly refers in this respect to its Resolution 2091 (2016) on foreign fighters in Syria and Iraq. 4. The fight against Daesh has taught us that a terrorist group driven by an extreme lslamist ideology can cause wholesale destruction while capturing territory in which people can be enslaved and money raised through the sale of national resources and extortion. The money can also be exported to other fundamentalists around the world sharing the same ideology, using or bypassing the existing global financial system. •• 5. The foundation underpinning lslamist terrorism, and therefore its funding, is the extreme ideology which drives adherence to the terrorist cause. There therefore needs to be a global initiative to root out extremism and intolerant religion. " 6. The Assembly welcomes the resolutions taken and implemented by member States and international bodies aimed at tackling the financing of terrorism. In particular, the Assembly hopes for the swift and effective implementation of the Financial Action Task Force (FATF) standards worldwide, specifically of its Forty Recommendations on Combating Money Laundering and the Financing of Terrorism and Proliferation. These should be used by member States to cut off flows of funds and financial and economic assets of individuals and entities on the Daesh and AI-Qaida Sanctions List, as underlined by United Nations Resolution 2253. 7. The Assembly also appreciates the decision taken by the FATF to broaden its geographic representation and global engagement to counter terrorism financing. Indeed, terrorism (and as such Daesh) is a fluid, transnational phenomenon, which affects every different part of the world. International bodies and organisations should thus keep their doors open to any new member who wishes to implement legal and I' 1. Assembly debate on 24 April 2018 (13th Sitting) (see Doc. 14510, report of the Committee on Political Affairs and Democracy, rapporteur: Mr Phil Wilson). Text adopted by the Assembly on 24 April 2018 (13th Sitting). I' Resolution 2211 (2018) financial tools to stop the financing of terrorism. Most importantly, however, they should provide support and advice to underdeveloped countries, which often lack the resources and have strategic deficiencies when it comes to effectively tackling terrorism. 8. Effective financial operations are indispensable when it comes to stopping terrorist organisations such as Daesh. National (and international) bodies such as the Financial Intelligence Units can be particularly helpful in identifying terrorist networks and their financial backers, and should thus continue to be supported and used by member States. Collective law-enforcement channels such as Interpol and Europol should also be used more by member States, especially in order to be able to prosecute and penalise foreign terrorist fighters and everyone else who gives material support to Daesh. 9. The Assembly acknowledges the work done by the Council of Europe in this field, namely by the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) and the Committee of Experts on Terrorism (CODEXTER). 10. The Assembly also recalls the important help provided by the European Union-United States Terrorist Financing Tracking Programme (TFTP) with regard to leads in tracking financial networks and channels of terrorist organisations and thus calls on member States to use the programme more proactively. 11. The way in which international terrorist organisations such as Daesh finance their operations around the world can only be tackled by countries acting in concert against such activity; and by employing a comprehensive strategy involving a number of measures focusing on international co-operation and preventive measures, including military action where appropriate. The challenge is also to share among international organisations financial information which will be able to disrupt and ultimately stop terrorist activity. 12. Therefore, the Assembly calls on member States to: 12.1. oppose and stop, in any way possible, all financial sources, techniques and channels supporting Daesh and other terrorist organisations, among which extortion, taxation, exploitation of natural resources, smuggling of antiquities, drug trafficking, bani< looting, looting of civilians and cultural property, external donations and kidnapping for ransom; 12.2. continue to promote and support research on the sources and channels of the funding of terrorism, in order to always be up to date on new alternative sources of financing, such as virtual currencies; 12.3. engage in and develop collaboration and co-operation efforts across borders, as well as with international bodies and institutions, in order to promote a more transparent, efficient and rapid exchange of information and intelligence; 12.4. intensify capacity building and technical assistance in relation to terrorism financing hotspots, as set out in the Action Plan on Countering Terrorism drafted by the G20 member States; 12.5. reaffirm the need to build local capability to investigate and counter terrorist financing, including corruption; 12.6. study and develop new technologies, in order to be able to better track, monitor and eventually shut down channels of terrorist financing, and assess whether virtual and crypto currencies, block chain and Fin Tech technologies help fund terrorism and should be regulated in a co-ordinated way; 12.7. improve the effective implementation of the international standards of transparency, as set out in the United Nations and FATF recommendations; 12.8. sign and ratify, if they have not already done so, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (GETS No. 198). It notes in this respect that Andorra, the Czech Republic, Ireland, Liechtenstein, Norway and Switzerland have not signed it, while Austria, Estonia, Finland, Iceland, Lithuania, Luxembourg and Monaco have signed but not ratified it; 12.9. adopt such initiatives as the United Kingdom's Joint Money Laundering Intelligence Taskforce to facilitate greater intelligence sharing on terrorist financing; 12.1 0. develop, following the example of France, updated national guidelines, based on international standards, providing concrete advice to businesses and people whose sectors have been listed among the sources of Daesh's financing; Resolution 2211 (2018) 12.11. oblige banks to monitor pre-paid debit cards, so as to ensure that they can only be reloaded via bank transfers and personally identifiable accounts; 12.12. consider banning new business relationships with banks in Syria. Due diligence is needed concerning financial transfers and transactions in Iraq, Syria and Libya as well as in the border regions; 12.13. establish a second layer of security that vets the names of clans/tribes at airports or land borders, taking into account the increasing number of refugees and diaspora in Europe from Syria and North Africa; 12.14. work across government departments and agencies to better co-ordinate action against the funding of terrorism; 12.15. pay close attention to the ability of lone-wolf operatives, inspired by extreme ideological beliefs, to raise money by, for example, using welfare payments or prepayment cards to undertake acts of terrorism. 13. Finally, the Assembly calls on the member States of the European Union to implement the proposals made in the 2016 Action Plan for Strengthening the Fight against Terrorist Financing, in particular to: bring virtual currency exchange platforms under the supervision of the Anti-Money Laundering Directive; revise the prohibition of centralised registers providing all bank accounts belonging to one person; extend the scope of j the Financial Intelligence Units; and improve the efficiency of freezing measures based on the United States listings. I, ' .' .' ' ' ' ' .' lL/;?- Parliamentary Assembly lift~ Assemblee parlementaire '->~~ ~~&dlru~a-~rurnmm~B&B&gg&a~EB.. m&~BBBBRRBEBBBBRRB&aa .... • CONSEIL DE tEUROPE Resolution 2212 (2018)1 Provisional version The protection of editorial integrity Parliamentary Assembly 1. The Parliamentary Assembly recalls that the fundamental right to freedom of expression and ' information carries with it duties and responsibilities. Media professionals are accountable to the public; they I, have to keep high editorial standards and adopt codes of conduct that promote essential ethical principles, such as truth and accuracy, independence, fairness and impartiality, humanity and accountability. In this context, the Assembly supports the Declaration of Principles on the Conduct of Journalists adopted by the International Federation of Journalists. ! 2. The Assembly is aware that several challenges to the editorial integrity and independence of the media are arising in the member States. The emergence of the new internet-based media and the rapid proliferation of media-like information sources have triggered a dramatic decline in revenues of traditional media. The reduced audience and less profitable obsolete business models, but also increased threats from organised crime, terrorism and armed conflicts, compromise both the independence of the media and their editorial integrity. 3. Criminal defamation laws, including provisions for imprisonment, remain in the criminal codes of a majority of member States, and the risk of high fines often acts as another brake on journalistic investigations. In this respect, the Assembly recalls its Resolution 1577 (2007) "Towards decriminalisation of defamation" and reaffirms that statements or allegations in the media, even if they prove to be inaccurate, should not be punishable, provided that they were made without knowledge of their inaccuracy, without conscious intention to cause harm and that their truthfulness was checked with proper diligence. 4. Editorial integrity in the media calls not only for accuracy, honesty and fairness, but also for sound and ,, independent judgment by editors and journalists. Journalists and media outlets must be free to investigate, report and publish without undue constraints and without fear of violence or arbitrary treatment at the hands of State authorities. In this connection, the Assembly is concerned that in an environment where several member States have assumed extra surveillance and law-enforcement powers in the name of countering terrorism and protecting the public, the media's capacity to conduct difficult and lengthy investigations, relying on " confidential sources of information, has been significantly reduced. 5. Journalists are increasingly being threatened, harassed, intimidated, subjected to surveillance, arbitrarily deprived of their liberty, physically attacked, tortured and even killed. They feel pressure to self censor by withholding information in their reports and sometimes there is no mechanism they can trust to report harassment or threats. In this context, the Assembly recalls Committee of Ministers Recommendation CM/Rec(2016)4 on the protection of journalism and the safety of journalists and other media actors, as well as its Resolution 2179 (2017) on political influence over independent media and journalists, in which the Assembly had expressed its deep concern about the range of tactics used to erode media freedom, force journalists into self-censorship or take control of media outlets and subjugate them to vested interests. i ' 1. Assembly debate on 25 April2018 (14th and 15th Sittings) (see Doc. 14526, report of the Committee on Culture, Science, Education and Media, rapporteur: Mr Volodymyr Ariev). Text adopted by the Assembly on 25 April 2018 (15th Sitting). '"'""""''"' ' ' Resolution 2212 (2018) 6. The Assembly is also alarmed by the fact that State authorities intervene directly in the media sphere, not only by means of direct ownership, but also through partisan appointments to leadership positions in broadcasting and allocation of broadcasting licences, favouring selected media and weakening others by inequitable allocation of advertising budgets of government agencies and public companies. 7. In some cases, State-directed media have been turned into propaganda tools and misused to transmit false news or incite xenophobic hatred against minorities and vulnerable groups. This leads to a lack of independence and low ethical standards of a number of media outlets and explains the increasing lack of trust from the public. In this respect, the Assembly reaffirms its support for the decision of the European Council 2015 to counteract a stream of disinformation and inflammatory falsehoods emanating from media outlets and online accounts in the Russian Federation by setting up the East StratCom Task Force. It furthermore welcomes the Joint Declaration by the United Nations Special Rapporteur on Freedom of Expression and three regional rapporteurs in 2017, affirming that State actors should not make, sponsor or disseminate disinformation or propaganda. 8. The Assembly considers that in the present challenging context, the need for journalists to protect their editorial integrity and to keep high professional and ethical standards has become particularly topical. Consequently, the Assembly recommends that member States: 8.1. fully implement Recommendation CM/Rec(2016)4 on the protection of journalism and the safety of journalists and other media actors, with a view to fulfilling their positive obligation to protect media professionals and guarantee freedom of the media; 8.2. actively support the goals of the United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity, which calls on State authorities to put an end to impunity for physical and verbal attacks against journalists and create a safe and enabling environment for the media to do their work; 8.3. fully respect Council of Europe standards regarding independence and pluralism of public service media, putting an end to the widespread attempts to influence them or to turn them into government media; 8.4. review their national legislation on: 8.4.1. defamation and its practical application in accordance with Assembly Resolution 1577 (2007) and with a view to ensuring its compatibility with Article ·1 0 of the European Convention on Human Rights (ETS No. 5); 8.4.2. extra surveillance and law-enforcement powers in the name of countering terrorism and protecting the public, with a view to safeguarding the capacity for media to play their watchdog role; 8.4.3. regulatory authorities in the media field, with a view to ensuring - via their independence vis-a-vis political and economic forces - increased transparency of media ownership and media content diversity; 8.5. examine the issue of the enormous imbalance in revenues between news media outlets and internet corporations, and find legal and practical solutions to rectify this imbalance, including by: 8.5. 1. channelling some of the great profits from digital advertising placed on search engines and social media back to the media that invest mainly in reporting the news; this could be done for example via changes in taxation and copyright rules; 8.5.2. finding appropriate ways for the internet companies to take more editorial responsibility as publishers and not merely as digital platforms; 8.6. legally prohibit propaganda for war and advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence; 8.7. consider establishing a national observatory to track dissemination of disinformation, propaganda and fake news and propose adequate measures to counteract these phenomena. 9. The Assembly invites media professionals and media outlets to: 9. 1. increase voluntary adherence to, and respect for, professional codes of ethics in order to maintain high journalistic standards and editorial integrity, and restore public trust in the media; 9.2. use their effective right to refuse to carry out work that infringes on their professional ethical codes and editorial integrity; Resolution 2212 (2018) 9.3. maintain a clear separation between the activities of their editorial staff and the work of their advertising and commercial departments; clear rules should be followed to avoid conflicts of interest and self-censorship; 9.4. develop internal oversight mechanisms such as a readers editor or ombudsperson, as well as self-regulatory mechanisms, to ensure that persons considering themselves targets of unreasonable press intrusion and inaccurate reporting have ready access to an effective system of complaints and redress, while safeguarding editorial integrity and independence; 9.5. establish or strengthen responsibility for disseminating fake news, flag such false information whenever it appears either in traditional or social media and, in this connection, develop within the profession strong and tight co-operation in combating disinformation, propaganda and fake news; 9.6. organise adequate training to enhance journalists' skills to meet editorial challenges, including skills regarding data management and other technologies, and their knowledge of journalists' rights and duties under domestic and international law. 10. The Assembly invites: 10.1. the European Federation of Journalists to promote awareness of the issues raised in this resolution among its members and to facilitate exchanges of experience and good practices regarding I editorial integrity and high-quality journalism; 10.2. the European Broadcasting Union to continue to promote its Editorial Principles and Guidelines and to encourage European public service media to fully implement them, keeping in mind their particular role in a democratic society as an independent source of unbiased, accurate and relevant ! information and diverse political opinions; 10.3. the Alliance of Independent Press Councils of Europe to strengthen co-ordination among its members, in order to raise ethical and professional standards in Europe, facilitate complaints procedures across borders and raise awareness among the public; 10.4. the Ethical Journalism Network to continue advocating among journalists editorial integrity and •• transparency, while at the same time warning against unprofessional and unethical behaviour that is contrary to professional ethics. ., .. .' '' ~ Parliamentary Assembly lffL~ Assemblee parlementaire ~'~ ~~~ re'ifil'm'~!'hlji.iiOMili··~~mrn .... .-._ .. _.._._._ .. ._._._.. .__.._._.__.... Resolution 2213 (2018)1 Provisional version The status of journalists in Europe Parliamentary Assembly 1. The Parliamentary Assembly reiterates that freedom of expression and information is a fundamental I right guaranteed by Article 10 of the European Convention on Human Rights (ETS No. 5). That right includes media freedom, which is a key prerequisite for the existence and development of a democratic society. 2. Professional journalists have a mission to provide the public with information on general or specialist topics of interest as responsibly and as objectively as possible. Accordingly, the Assembly is concerned to ! observe a gradual slide into precarity of the profession of journalist, directly linked to the collapse of the traditional financing model used for many media following technological change and the development of online media, with their impact sometimes exacerbated by political factors related to growing tendencies driven by populism, authoritarianism or the favouring of private interests. Some media have thus seen their editorial independence undermined while others have had to lay off staff. However, the Assembly notes that I technological changes have also had a positive impact on journalists' work, in particular by facilitating ,, research, communication and the creation of international networks and globally accessible databases with journalistic sources and works. 3. A drop in revenue of most media, the casting around of publishers for new business models and the virtually systematic outsourcing of work have all substantially contributed to the boom in the number of freelance journalists. The latter are confronted with a lack of professional recognition: although working in the same conditions as journalists employed on full-time contracts, they do not have the same rights and are unable, in several countries, to be represented by trade unions and negotiate their rates. 4. The Assembly is further concerned that journalists' working conditions continue to deteriorate: they are ,, working longer hours; the demand for high output affects their ability to check information sources, investigate sensitive issues and analyse facts with a degree of detachment; many media companies do not allocate adequate resources to training; freelancers often lack preparation or insurance for working in areas where there are risks or conflicts. " 5. In addition, the Assembly observes unacceptable inequality between women and men in the profession: women's careers are shorter than men's; it is considerably more difficult for them to reach managerial level; female journalists are the main victims of cyberbullying and sexist violence. In this connection, the Assembly reminds the member States of Committee of Ministers Recommendation CM/ Rec(2013)1 on gender equality and media, and the need to implement it. 6. Consequently, the Assembly recommends that member States: 6.1. fully respect their obligations stemming from Article 10 of the European Convention of Human Rights as regards journalists and other media actors' freedom of expression, and in particular their right not to reveal journalistic sources and their right to receive or impart information; "' 1. Assembly debate on 25 April 2018 (14th and 15th Sittings) (see Doc. 14505, report of the Committee on Culture, Science, Education and Media, rapporteur: Ms Elvira Drobinski-Weiss; and Doc. 14535, opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Ms Thorhildur Sunna JEvarsd6ttir). Text adopted by the Assembly on 25 April 2018 (15th Sitting). l'il~fil '' Resolution2213 (2018) 6.2. take all necessary measures to strengthen the safety of journalists and other media actors, to stop any harassment (including of a judicial, administrative or financial nature) against them and put an end to impunity for attacks against them, notably by conducting effective investigations into killings and other offences against their physical integrity; in this respect, member States of the Council of Europe should implement the guidelines set out in the appendix to Committee of Ministers Recommendation CM/Rec(2016)4 on the protection of journalism and safety of journalists and other media actors; 6.3. review their domestic legislation on the status of journalists with a view to: 6.3.1. identifying any areas to be updated, taking recent technological and economic developments into account; 6.3.2. ensuring that such legislation protects journalists from arbitrary dismissal or reprisals and from precarious working conditions that may expose them to undue pressures obliging them to depart from accepted journalistic ethics and standards; 6.3.3. providing a legal definition of journalists wide enough to encompass all forms of contemporary professional journalistic work, including internet-based; 6.3.4. repealing disproportionately restrictive defamation laws and ensuring adequate procedural guarantees in libel proceedings brought against journalists; 6.4. explore avenues for alternative funding in a new media ecosystem, including: 6.4.1. the redistribution of advertising revenue generated by search engines or social media; 6.4.2. the inclusion of freelance journalists within the scope of labour legislation in terms of minimum pay; 6.4.3. the institutionalisation of innovatory crowdfunding initiatives, for example by giving decision-making power to donors providing more than 1% of registered capital; 6.5. support action plans to tackle the problem of gender inequality on the labour market in the media sector, including: 6.5.1. the drawing up of studies containing statistical indicators; 6.5.2. the introduction of mechanisms inciting employers' organisations to seriously tackle this problem in the long term; 6.6. support the involvement of representative social partners in the media sector to promote dialogue between employees and freelancers, on one hand, and employers, on the other; 6.7. ensure that journalists' right to freedom of association is respected, in particular as regards adhering to trade unions and journalists' associations. 7. The Assembly calls on trade unions and journalists' organisations to: 7.1. adjust to rapid societal changes, including with regard to the status of journalists, which should be adaptable, as its essence lies in the tasks and not in the legal definition; 7.2. promote membership, particularly among young people and women, but also among providers and managers of content, currently excluded from many trade unions, while ensuring that all members have the requisite professional expertise; 7.3. promote the practice of mentoring for young journalists in general, enabling them to benefit from the professional experience of their more experienced colleagues, and for young female journalists in particular, to better equip them against discriminatory mentalities, harassment and sexist violence; 7.4. stimulate dialogue between professional journalists and other content-provider professions on questions of quality, professional standards and responsibility; 7.5. diversify themes and fields of training, adapting to the demands of the new media environment, and develop services for their members, in response to their specific requirements; 7.6. represent all journalists in collective bargaining and agreements, above all for basic rights such as working hours, wages, paid leave after a certain length of service and social insurance contributions covering pensions, social security and unemployment; 7.7. include and defend the rights of freelance journalists in the workplace and within social legislation in general, conferring upon them a core of common rights granted to salaried employees. Resolution 2213 (2018) 8. The Assembly invites the European Federation of Journalists to promote awareness of the issues raised in this resolution among its members and to facilitate exchanges of experience and the passing on of good practices regarding high-quality journalism that follows codes of ethics and is worthy of public trust. 9. The Assembly calls on member States to support the Platform to promote the protection of journalism and safety of journalists with adequate financial contributions and by co-operating in its functioning, in particular by responding to alerts and by engaging in follow-up initiated by the Secretary General of the Council of Europe. 10. The Assembly strongly condemns the assassinations of journalists Daphne Caruana Galizia in Malta, Jan Kuciak in the Slovak Republic and Maxim Borodin in the Russian Federation. It calls on the Maltese, Slovak and Russian authorities to conduct effective investigations into these deaths, in line with the procedural guarantees stemming from Article 2 of the European Convention on Human Rights. i ,, " " '' ~ Parliamentary Assembly ~~ Assemblee parlementaire ~-,~ =-- ri Resolution 2214 (2018)1 Provisional version Humanitarian needs and rights of internally displaced persons in Europe Parliamentary Assembly I 1. On the occasion of the 20th anniversary of the adoption by the United Nations of the Guiding Principles on Internal Displacement, the Parliamentary Assembly is alarmed by the fact that, within Europe, more than four million people are displaced inside their own country due to armed conflicts and violence. Through the massive displacement caused by the war in eastern Ukraine and the annexation of the Crimean Peninsula of r, Ukraine by the Russian Federation, the suffering of some 1.7 million internally displaced persons (lOPs) has ' been added to the long-standing suffering of the I DPs affected by earlier conflicts in Europe, in particular in Azerbaijan, Cyprus and Georgia. 2. The Assembly recalls that, under the Statute of the International Criminal Court, it constitutes a war crime for an occupying power to transfer, directly or indirectly, parts of its own civilian population into the ' territory it occupies, or to deport or transfer all or parts of the population of the occupied territory within or ' outside this territory. Any displacement of persons must not be carried out in a manner that violates the rights to life, dignity, liberty and security of those affected. Regardless of ethnicity, lOPs and their families must be able to fully enjoy their human rights, including also fundamental social, cultural and economic rights as enshrined in international law. While lOPs have the right to voluntarily resettle in another part of their country, this does not affect their rights as lOPs. 3. Welcoming the enormous efforts in favour of lOPs undertaken by the member States affected by armed conflicts or other causes of forced displacement, the Assembly invites those States to regularly assess and publish the humanitarian needs of their lOPs, possibly together with the United Nations, the European Union ., and the International Committee of the Red Cross (ICRC), in particular regarding the needs of lOPs in terms of housing, education, health care, employment and financial assistance. Member States must respect the rights enshrined in the European Social Charter (revised) (ETS No. 163) which, in accordance with the jurisprudence of the European Court of Human Rights on extra-territorial obligations, binds also member States which exercise control outside their own territory. .' 4. The Assembly deplores the fact that the humanitarian situation of most lOPs in Europe has been negatively affected for an excessively long time by the fact that underlying conflicts are protracted and forced displacements, which were often perpetrated on ethnic grounds, have been thus maintained by the de facto authorities controlling the territories of the former homes and places of habitual residence of lOPs. It is therefore important that the human rights and humanitarian needs of lOPs are made a central point in all international efforts to monitor and mediate those conflicts. .' 1. Assembly debate on 25 April 2018 (15th Sitting) (see Doc. 14527, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Mr Killion Munyama). Text adopted by the Assembly on 25 April2018 (15th Sitting). See also Recommendation 2126 (2018). ' ' Resolution 2214 (2018) 5. Referring to United Nations Security Council Resolutions 193 (1964) and 360 (197 4) and its Resolution 1628 (2008), the Assembly welcomes the important progress made in the humanitarian situation of lOPs in Cyprus over the past decades and invites the authorities of Cyprus and Turkey to: 5.1. continue supporting the work of the Committee on Missing Persons in Cyprus, which serves essential humanitarian needs of lOPs, and provide all possible information on the fate of the missing persons who disappeared either in Cyprus or were transferred to Turkey as prisoners of war; 5.2. encourage the parties to the Cyprus problem to return to the negotiating table with the aim of reaching a final settlement to the protracted Cyprus problem that would of course include all property issues and remedies for the benefit of all Cypriots; 5.3. continue the demining work of the United Nations Peacekeeping Force in Cyprus, in accordance with United Nations Security Council Resolution 2398 (2018), and provide access to the remaining minefields in the buffer zone, hence ensuring that lOPs and others are not exposed to life-threatening risks; 5.4. open more crossing points for Cypriots at the buffer zone, and promote intercommunal contacts and projects on both sides of the buffer zone, such as the good example of the restoration of the Monastery of Apostolos Andreas from 2013 to 2016, and ensure that all the religious and cultural rights of lOPs are fully respected and protected, notwithstanding that all these confidence-building measures are conducive to creating a climate of good will but cannot contribute substantially to addressing the problems of lOPs in Cyprus. 6. Referring to United Nations Security Council Resolutions 822 (1993), 853 (1993), 87 4 (1993) and 884 (1993) as well as its Resolution 1416 (2005), the Assembly deplores the fact that the Nagorno-Karabakh conflict remains protracted since 1994, commends the immense humanitarian efforts in favour of lOPs in Azerbaijan and invites the authorities of Armenia and Azerbaijan to: 6.1. give priority to the humanitarian needs and rights of lOPs in their actions and bilateral negotiations facilitated by the Minsk Group of the Organization for Security and Co-operation in Europe (OSCE), and fully implement without further delay the relevant decisions of the European Court of Human Rights; 6.2. enable the ICRC to enter the area of Nagorno-Karabakh and its surrounding districts to pursue forensic work on cases of missing persons, in particular in mass graves at Heyvali/Drmbon, Khojaly/ lvanyan, Oazanc;:1/Kazanchi and Karakend/Berdashen, and analyse and publish the data found, in close co-operation with the Azerbaijan Red Crescent Society and the Armenian Red Cross Society; 6.3. establish, in accordance with the relevant judgments of the European Court of Human Rights, national commissions for the compensation or return of lOPs' possessions and property which have been destroyed or whose use has been made impossible by the forced displacement, and accept and process individual or collective claims; 6.4. mandate the OSCE to conduct a detailed assessment mission following up the 2010 assessment mission, including a humanitarian component, to the territories affected by the conflict, and to continue and support de mining projects in the conflict area; 6.5. restore people-to-people contacts between Armenians and Azerbaijanis, as recommended by the OSCE Minsk Group Co-Chairs on 7 December 2017, including Armenians originating from the area of Nagorno-Karabakh and its surrounding districts, as well as lOPs within Azerbaijan; 6.6. welcoming reports about the restoration of the Upper Govhar Agha Mosque in Shusha, extend such restoration to other sites of cultural importance to lOPs. 7. Referring to United Nations Security Council Resolutions 849 (1993) and 1808 (2008), the Final Declarations of the OSCE Heads of States Summits in 1994, 1996 and 1999 as well as the Resolutions 1633 (2008), 1647 (2009), 1683 (2009), 1664 (2009) and 1916 (2013) adopted by the Assembly, the Assembly deplores the forcible expulsion of people from Abkhazia, Georgia and Tskhinvali region/South Ossetia, Georgia in the 1990s and again in 2008, and the fact that this conflict in Georgia remains unresolved, and commends the immense efforts provided in favour of lOPs in Georgia. In this regard, the Assembly: 7.1. underlines the importance of the Co-ordination Mechanism on Missing Persons created in 2010 with the help of the ICRC and encourages the participants to engage constructively; Resolution 2214 (2018) 7.2. calls on the Russian Federation as an authority exercising control over Abkhazia, Georgia and Tskhinvali region/South Ossetia, Georgia to: 7.2.1. recognise formally and effectively the right of safe and dignified return of all lOPs, including those from the 2008 war, to their original places of residence to Abkhazia, Georgia and the Tskhinvali region/South Ossetia, Georgia in line with paragraphs 9.9 and 9.11 of Resolution 1647 (2009); 7.2.2. welcoming the demining of Abkhazia, Georgia by the HALO Trust from 1997 to 2011 and taking note that the demining action in Tskhinvali region/South Ossetia, Georgia by the Ministry of Emergency Situations of the Russian Federation in 2016 as the authority exercising effective control, ensure also the withdrawal of ammunition and weapons from the conflict areas, which pose a serious risk to IDPs and others and have the potential to cause further displacements; 7.2.3. open more so-called crossing points and cease the practice of installation of barbed wire fences and other artificial barriers guarded by Russian military along the occupation line in order not to hinder the freedom of movement; 7.2.4. support the use of the Georgian language and alphabet in schools in the conflict area, in order to avoid further ethnic discrimination and displacement; ' 7.2.5. fully implement the European Union-mediated ceasefire agreement, including and in particular to grant the European Union Monitoring Mission (EUMM) full access to the entire internationally-recognised territory of Georgia and work towards a new internationalised r· peacekeeping format; 7.2.6. initiate credible investigations into acts of ethnic cleansing of Georgians from those regions and implement measures to reverse it, including taking measures to effectively protect the property left behind by lOPs from both recent and previous conflicts with a view to securing restitution of such property in the future. .' 8. Recalling its Resolution 2198 (2018) on the humanitarian consequences of the Russian war against Ukraine, the Assembly further invites the authorities of the Russian Federation and Ukraine to: 8.1. support Restoring Family Links projects by the Ukrainian Red Cross Society and the Russian Red Cross Society and to enable the ICRC to enter, with due protection and safety, the areas affected by the conflict in order to pursue forensic work on cases of missing persons; 8.2. establish a commission for the compensation or return of lOPs' possessions and property, in accordance with the jurisprudence of the European Court of Human Rights under Article 1 of the Protocol to the European Convention on Human Rights (ETS No. 9); 8.3. support and assist demining action in all areas affected by the conflict, such as the action of the .' Danish Demining Group of the Danish Refugee Council, the Government of Japan and the United Nations Office for Project Services, the Science for Peace and Security project on Humanitarian Demining in Ukraine of the North Atlantic Treaty Organization (NATO), the Geneva International Centre for Humanitarian Demining as well as the HALO Trust; .. 8.4. abstain from any action that will prolong or cause further internal displacement of persons and aggravate the humanitarian situation of lOPs, in violation of international humanitarian law. 9. Deploring the fact that the Southern Military District of the Armed Forces of the Russian Federation extends beyond its borders, the Assembly calls on the Russian Government to respect the rights of IDPs, in particular by: 9.1. refraining from supplying weapons, ammunition and military personnel, which leads to continued violations of international humanitarian law and human rights of IDPs in the respective conflict areas; 9.2. allowing international humanitarian observer missions to enter the respective conflict areas in order to analyse the humanitarian needs of lOPs and provide humanitarian assistance. 10. Referring to the report on the human rights situation in south-east Turkey prepared by the United Nations High Commissioner for Human Rights in February 2017, the Assembly invites the Turkish authorities to organise an international humanitarian assessment mission to the areas affected by anti-terrorist operations '' in Turkey. .. Resoluiion 2214 (2018) 11. Recalling the judgments of the European Court of Human Rights on the human rights of lOPs, the Assembly calls on all member States to ensure that those judgments are executed fully and without delay and to act appropriately in cases where a respondent State refuses to execute a judgment and pay financial compensation to lOPs or their surviving family members. 12. Recalling its Resolution 1613 (2008) on the use of experience of the "truth commissions", the Assembly recommends that member States establish national, bilateral or international commissions which record and display publicly the stories and suffering of lOPs, analyse inter-ethnic life before internal displacement and promote future inter-ethnic co-operation projects, in order to achieve sustainable reconciliation. 13. The Assembly invites the Commissioner for Human Rights to co-operate with member States and the Committee of Ministers in their work for IDPs and to follow up on the Human Rights Comment "Internally displaced persons in Europe: Another lost generation?" of 2012. Resolution 2215 (2018)1 Provisional version The situation in Libya: prospects and role of the Council of Europe Parliamentary Assembly I 1. The Parliamentary Assembly regrets that the "Revolution of 17 February" which occurred in Libya in 2011 in the wake of the Arab Spring was not able to result in a successful political transition and that foreign military interventions also did not contribute to the return of domestic stability. It notes that the two elections held in 2012 and 2014 did not make it possible to avoid a serious fragmentation of the country on an I institutional, regional and societal level. This fragmentation plunged the country into chaos and, for the European continent, resulted in an increased security risk and migratory flows. The Assembly notes that the collapse of Libyan Arab Jamahiriya led to the complete disappearance of a unified State apparatus and service infrastructure. ' 2. Bearing in mind that the first victims of the situation in Libya are first and foremost the Libyans ~. themselves, the Assembly calls on all the parties to prevent and to stop committing violations of human rights and humanitarian law and to protect the human rights and fundamental freedoms of persons belonging to vulnerable groups such as displaced persons, women, children, human rights defenders and media professionals. '": 3. The Assembly also condemns all discrimination against women, whether with regard to their freedom of movement or their right to pass on their nationality to their children. 4. The Assembly notes that the situation in Libya has contributed and still contributes directly to the destabilisation of the region. This was initially of a large-scale economic nature, affecting countries such as Tunisia and Egypt, which lost a major trading partner and were deprived of the funds transferred by nationals employed in Libya. It soon became a security problem owing to the plunder of Libyan arsenals, the spread of terrorist groups in the Sahel-Saharan region and the Teturn to their countries of origin of mercenaries employed by the Gaddafi regime. 5. The Assembly notes and welcomes the successes in the fight against terrorism in Libya, particularly ' ' against Daesh, which has not been able to establish itself lastingly, as in Syria and Iraq. In this connection, it points out that this fight must be carried out with due regard for Libya's sovereignty, independence and territorial integrity. 6. The Assembly is perfectly aware that between 2014 and 2016, one of its member States, Italy, had to cope ·with the arrival of very large numbers of migrants from Libya, some of whom came from countries where respect for human rights is not under threat. It notes that the European Union's response, particularly its Triton and Sophia air and sea operations, resulted in a reduction of nearly 32% of arrivals on the Italian coasts between November 2016 and November 2017, that these operations have saved over 200 000 lives since 2014 .and that the European Union provides much of the funding for the activities of the United Nations High Commissioner for Refugees and the International Organisation for Migration in aid of refugees and migrants. 1. Assembly debate on 25 April 2018 (15th Sitting) (see Doc. 14519, report of the Committee on Political Affairs and ' ' Democracy, rapporteur: Mr Attila Korodi; and Doc. 14534, opinion of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Tineke Strik). Text adopted by the Assembly on 25 Apdl2018 (15th Sitting). See also Recommendation 2127 (2018). lil~[il " Resolution 2215 (2018) 7. Nonetheless, the Assembly calls on the Council of Europe member States to comply with their obligations under Article 3 of the European Convention on Human Rights (ETS No. 5), which requires them to refrain from sending migrants back to countries where they are exposed to the risk of torture and inhuman or degrading treatment or punishment. 8. The Assembly recognises that this is a real risk in Libya, as borne out by the regular reports by the United Nations Secretary-General to the Security Council, the reports and studies of the United Nations High Commissioner for Human Rights, the reports of the United Nations Support Mission in Libya (UNSMIL), the reports of non-governmental organisations and various documentaries providing evidence of slavery. 9. The Assembly urges the member States of the Council of Europe, and in particular those members which are also members of the European Union, to do more than simply managing the migration problem as it currently applies to Libya and to devise a new framework which would make it possible to protect migrants, examine asylum applications in dignified conditions and respect State sovereignty regarding access to territory. 10. In this connection, the Assembly supports recent moves to: 10.1. have the asylum applications of persons considered by the High Commissioner for Refugees to be "extremely vulnerable" investigated in safer, adjoining countries, as the French Office for the Protection of Refugees and Stateless Persons recently did. In this context, the Assembly asks member States and the international community to propose a contingent of protected persons to the High Commissioner for Refugees as a precondition for dealing with potential beneficiaries in Libya; 10.2. prevent irregular migrants from entering Libya by reinforcing border security at the southern border in Fezzan; 10. 3. set up a task force involving European and African States to combat human traffickers, as decided at the African Union-European Union Summit in Abidjan on 29 and 30 November 2017. 11. In parallel with the establishment of this new framework, the Assembly calls on the European Union member States to: 11.1. make any co-operation with the Libyan coastguards dependent on the respect for refugees' and migrants' fundamental rights, particularly by refraining from exposing them to situations in which they risk being subject to severe ill-treatment, in accordance with its Resolution 2174 (2017) on human rights implications of the European response to transit migration across the Mediterranean; 11.2. ensure that all co-operation with the Libyan Coast Guard is contingent on a system of monitoring and sanctions which will ensure compliance with international law in Libyan waters and that this co operation is immediately suspended in the case of repeated human rights violations; 11.3. ensure that the Libyan Coast Guard is trained in international human rights law and the law of the sea, including the principle of non-refoulement, and follows the rules of the high seas in order to support rescue missions and facilitate co-operation with humanitarian NGOs in civil rescue operations, with the aim of avoiding endangering the lives of refugees and migrants; 11.4. delay the setting up of a new Maritime Rescue Co-ordination Centre in Libya until capacity building measures have proved successful in improving governance structures; 11.5. propose an alternative solution to the detention centres officially managed by the Ministry of the Interior, where migrants are cooped up in conditions which UNSMIL describes as inhuman, and which are reported by the High Commissioner for Human Rights to be broken beyond repair. The dismantlement of the detention centres and the creation of transit and departure facilities allowing the transfer of refugees, on a voluntary basis, to third countries could be a viable solution, on the condition that the management of these facilities by the Libyan authorities really respects human rights; 11.6. carry out an exhaustive financial and results-based assessment of the success of the implementation of the principles set out in the 2017 Malta Declaration. 12. The Assembly also urges member States to step up their contributions to development co-operation with the countries to the south of Libya, which will help to reduce the number of departures from countries not in conflict. 13. The Assembly unreservedly supports the Action Plan which the Special Representative of the United Nations Secretary-General for Libya presented on 20 September 2017. It considers that the Libyan Political Aqreement siqned in Skhirat on 17 December 2015 is still the onlv framework in which an end can be brouqht Resolution 2215 (2018) to the Libyan crisis, that only the institutions deriving from this, particularly the Government of National Accord, have, quite rightly, obtained international recognition, and that the validity of this agreement extends beyond 17 December 2017. 14. The Assembly welcomes the fact that the Special Representative wishes to make this Agreement more effective by prompting the various parties to amend those provisions which currently impede its full application. 15. The Assembly supports the Special Representative's efforts to promote the most inclusive possible dialogue between Libyans without outside interference. It believes that the national conference provided for by the Action Plan should enable Libyan players who have been ostracised or who have purposely distanced themselves from the Libyan Political Agreement to be involved in the current political negotiations. The Assembly calls on the Special Representative and the Libyan authorities to: 15.1. ensure that this national conference can be attended by representatives not only of the relevant political and military forces but also of social movements, tribes and local stakeholders; 15.2. draw a clear line between the inclusive nature of the national conference, which might enable non-jihadist militias to take part, and accepting some of the practices of these militias, particularly those which claim to be Madkhalists, whose aim is to impose restrictions on public freedoms in the name of a j radical view of Islam. 16. The Assembly considers that the adoption of a Libyan constitutional framework is a prerequisite for holding parliamentary and presidential elections. It takes the view that if it is difficult to reach agreement on all the provisions of the draft Constitution, at least those should be adopted which relate to the functioning of the I institutional authorities alone, in Chapter 3 of the draft Constitution. This minimum constitutional framework : should be adopted before parliamentary and presidential elections are held. 17. The Assembly agrees with the Special Representative that elections should only be held if their results cannot be contested by any of the various Libyan players and that this concern should take precedence over any desire to hold the elections as quickly as possible. If this is so, the Assembly is prepared to provide l., assistance to the Libyan authorities with election observation when they consider this to be appropriate. 18. The Assembly would point out that, alongside dialogue between Libyans, national reconciliation cannot be brought about unless justice is done, whether this takes the form of transitional courts, international courts for the most serious crimes, or so-called hybrid courts, in other words partly national courts with a considerable international presence. 19. Being aware that only the establishment of unified State structures will help to end widespread and daily violations of human rights and humanitarian law in Libya and will be able to lastingly reduce the terrorist threat and stem migration flows, which are realities affecting the member States directly, the Assembly , considers that the Council of Europe should contribute to the efforts of the United Nations Support Mission in . Libya to this end, bearing in mind its expertise in institutional matters and the objectives set by the Special Representative of the United Nations Secretary-General for Libya in his Action Plan of 20 September 2017. Its contribution could, in particular, focus on: 19.1. the drafting of the Libyan Constitution, through the European Commission for Democracy " through Law (Venice Commission); 19.2. the establishment of support for electoral procedures in preparation for a constitutional referendum and then for parliamentary and presidential elections, the Assembly being prepared, for its part, to serve as an election observer; 19.3. the creation of a media environment capable of reporting on the above elections, working as much as possible in line with international ethical standards for journalists. " Parliamentary Assembly Assemblee parlementaire t'-"-,--;~ ~~~ td""'l!l"""""'~'·~~~~~mB.U&BEUEUsm&m~BBEBEBBDRBEE .. ~--m&~BBEE CONSEIL DE I: EUROPE Resolution 2216 (2018)1 Provisional version Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly Parliamentary Assembly I 1. · In January 2017, the Parliamentary Assembly took a firm step in response to the allegations of corruption and fostering of interests against members or former members ofthe Assembly, and put in place a strategy to promote the principles of integrity and transparency in its functioning and strengthen the duty of I integrity of its members. In this connection, the Assembly draws attention to its Resolution 2182 (2017) ! "Follow-up to Resolution 1903 (2012): promoting and strengthening transparency, accountability and integrity of Parliamentary Assembly members", which helped to improve its rules of conduct and in particular to make provisions related to conflicts of interest more consistent. 2. On 24 April 2017, the Assembly approved the terms of reference of an independent external body of investigation into allegations of corruption (IBAC), which was tasked with conducting a detailed independent investigation into the allegations of corruption and fostering of interests with a view to putting an end to impunity and restoring confidence in the Parliamentary Assembly, its activities and its decisions. r 3. The Assembly took note of the report submitted by the I BAG, which was published on 22 April 2018. The allegations made by non-governmental organisations and by the media through reports, reporting or journalistic inquiries, which had until recently been criticised, challenged or denied, are now indisputable. 4. The Assembly expresses its sincere thanks to the members of the IBAC, Sir Nicolas Bratza, Mr Jean Louis Bruguiere and Ms Elisabet Fura, and to its secretariat, for their invaluable assistance to the Assembly " during this critical period. It also pays tribute to their excellent work, which was carried out in difficult conditions, given the time constraints to which they were subjected and the specific and restricted scope of the investigation, as well as the fact that the I BAG could not be granted robust investigatory powers such as those of national parliamentary committees of inquiry and judicial authorities. " 5. The Assembly therefore could not and did not expect the IBAC to provide proof in the judicial sense of any corrupt wrongdoings it became aware of, let alone of any criminal offences potentially involved. This is the task of the competent national authorities. The Assembly and its national delegations invite them to follow up the information provided by the IBAC. In this context, the Assembly stresses the need for all findings and other information contained in the IBAC report on the corrupt activities of certain countries to be duly followed up, without exception. 6. The Assembly believes that although the report deals principally with allegations and facts concerning Azerbaijan, similar practices have clearly also been used by the authorities and parliamentary delegations of other member States. The Assembly notes that the report presented by the IBAC gives grounds to hope that the image of integrity of the Assembly and the confidence in its some 600 other members can be restored, given that the allegations concern the conduct of only a few members or former members. The Assembly has .' 1. Assembly debate on 26 April 2018 (16th Sitting) (see Doc. 14540, report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Ms Petra De Sutter; and Doc. 14543, opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Ms Olena Sotnyk). Text adopted by the Assembly on 26 April 2018 (16th Sitting). See also Recommendation 2128 (2018). .' Resolution 2216 (2018) the vital support of a large number of upright and committed parliamentarians, who have been unfairly brought into disrepute on account of these allegations of corruption against a number of their peers. Nevertheless, the report uncovers practices of which few parliamentarians are unaware, but which they may have allowed to prosper for too long through their silence, their indifference or their passive complicity. 7. The Assembly, seeking to restore its credibility, has undertaken to establish an environment of zero tolerance of corruption and of any practice which may leave any doubt as to a possible conflict of interests; it is up to its members to ensure that this is achieved, without compromise. 8. In the context of its terms of reference, the IBAC was asked not only to review and update the conduct and practices which are incompatible with the rules of conduct of the Assembly, but also to make recommendations with regard to the measures required to address any weaknesses and shortcomings in those rules. The Assembly takes note of the IBAG's recommendations concerning its methods of functioning and its procedures. It notes that the report mentions problems in the appointment of the members of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) and of the Committee on Rules of Procedure, Immunities and Institutional Affairs, as well as in the appointment of rapporteurs. 9. The report identifies three former members of the Assembly who "engaged in activity of a corruptive nature" and "seriously breached the Code of Conduct of members of the Parliamentary Assembly". The report also refers to the use of financial means and corruptive activities in influencing the Assembly's work concerning Azerbaijan, and mentions the names of former members who have taken part in lobbying activities in the Assembly, in breach of the Code of Conduct. 10. The report also reveals a number of cases of breach of some of the provisions of the Code of Conduct for Assembly rapporteurs and/or the Code of Conduct for members of the Parliamentary Assembly by members or former members of the Assembly. 11. Moreover, the IBAC has drawn up a list of members and honorary members of the Assembly who refused to co-operate in the investigation. This is a serious matter and must be further investigated by the Committee on Rules of Procedure, Immunities and Institutional Affairs. 12. The Assembly believes that the conclusions of the IBAC with regard to the individual conduct of members of the Assembly mentioned in the report require action. It points out that the Code of Conduct which it revised in October 2017 establishes a precise and detailed procedure, including respect for the principle of adversarial proceedings and the rights of the defence, with which it intends to comply in the action it takes in response to these conclusions. 13. In response to the I BAG's report and with regard to the general recommendations and conclusions set out therein, the Assembly: 13.1. urges the political groups of the Assembly to review their practices, in particular their position and decisions with regard to appointments to the Monitoring Committee and the Committee on Rules of Procedure, Immunities and Institutional Affairs, and to the Committee on the Election of Judges to the European Court of Human Rights, as well as to ad hoc committees for the observation of elections, when putting forward candidatures for posts of rapporteur, or in elections of the bureaux of committees or sub-committees; 13.2. instructs the Committee on Rules of Procedure, Immunities and Institutional Affairs to implement the changes that must be made to the Rules of Procedure and to the integrity framework of the Assembly, bearing in mind the need for transparency and accountability; 13.3. particularly notes that the protection of the identity of members of staff giving evidence to further enquiries must be assured. 14. With regard to the recommendations and conclusions concerning the individual conduct of members or former members, the Assembly: 14.1. recalls the principle of individual political responsibility, including the possibility for those elected to relinquish their mandates; 14.2. invites the political groups of the Assembly, as well as the political groups within the national parliaments, to each draw the consequences of any allegations against their members; Resolution 2216 (2018) 14.3. invites the national parliaments of member States, and their national delegations to the Parliamentary Assembly, as well as the national governments, to examine the IBAC's report and to take the necessary measures in respect of the cases mentioned, which require their full attention, and report back to the Assembly by the end of 2018; 14.4. instructs the Committee on Rules of Procedure, Immunities and Institutional Affairs to implement, as soon as possible, the procedure provided for in paragraphs 20 et seq. of the Code of Conduct of members of the Parliamentary Assembly in respect of the members mentioned in the report, including those who have refused to co-operate with the IBAC, bearing in mind that it falls within the committee's remit to assess the degree of seriousness of alleged breaches of the Code of Conduct in respect of each member concerned. 15. The Assembly calls on the European Parliament and the parliamentary assemblies of other international organisations, in particular the Parliamentary Assembly of the Organization for Security and Co operation in Europe (OSCE), to follow the example of the Parliamentary Assembly and to draw on the recommendations of the IBAC. 16. Neither the measures taken nor any future measures concerning the examination of individual cases nor subsequent changes to rules and regulations must become the sole focus of debate. The Assembly must use this opportunity to make a fresh start and give all necessary foll0w-up to any allegations of wrongdoings; it i. requires a complete overhaul: and that calls for a profound and real change in parliamentary attitudes and practices. The Assembly therefore urges its members to put the interests of the 825 million European citizens they represent above any private interests, so as to restore the full political credibility of the Assembly, in strict compliance with the principles and values on which the Council of Europe was founded, in a period when the Council of Europe has a greater need of a strong parliamentary body than ever before. .' .' ' ' ~ Parliamentary Assembly ~~ Assemblee parlementaire ~'~ ~~~ dli'iirnJ/Bm'W!'RACm&,U·~~~~~._ ...... Ee .. DmDm~---- CONSEIL DE t:EUROPE Resolution 2217 (2018)1 Provisional version Legal challenges related to hybrid war and human rights obligations Parliamentary Assembly I 1. The Parliamentary Assembly recalls its Resolution 2133 (2016) on legal remedies to human rights violations on the Ukrainian territories outside the control of the Ukrainian authorities and Resolution 2132 (2016) on the political consequences of the conflict in Ukraine and its Resolution 2198 (2018) and Recommendation 2119 (2018) on the humanitarian consequences of the war in Ukraine concerning the I military operations in Ukraine. It also recalls its Resolution 2190 (2016) on prosecuting and punishing the i crimes against humanity or even possible genocide committed by Daesh. 2. The Assembly recalls its previous texts regarding cybercrime, including Recommendation 2077 (2015) on increasing co-operation against cyberterrorism and other large-scale attacks on the Internet, Resolution 1986 (2014) on improving user protection and security in cyberspace and Resolution 1565 (2007) on how to ,,' prevent cybercrime against State institutions in member and observer States? The policy guidelines contained therein are relevant as important instruments for the prevention of hybrid war consequences. 3. The Assembly notes with concern that today States are more and more often confronted with the phenomenon of "hybrid war", which poses a new type of threat based on a combination of military and non military means such as cyberattacks, mass disinformation campaigns, including fake news, in particular via social media, interference in election processes, disruption of communications and other networks and many others. Cyberattacks are particularly dangerous as they can hit a country's strategic infrastructure, such as energy supply, its air traffic control system or nuclear plants. Therefore, hybrid war can destabilise and undermine entire societies and cause numerous casualties. The increasingly widespread use of these new ,, tactics, especially in combination, raises concerns about the adequacy of existing legal norms. 4. The Assembly also expresses deep concern regarding numerous cases of mass disinformation campaigns intended to undermine security, public order and peaceful democratic processes. There is a vital need to develop tools to protect democracy from "information weapons", while preserving freedom of .. expression and freedom of the media in the country under attack. 5. The Assembly notes that there is no universally agreed definition of "hybrid war" and there is no "law of hybrid war". However, it is commonly agreed that the main feature of this phenomenon is "legal asymmetry", as hybrid adversaries, as a rule, deny their responsibility for hybrid operations and try to escape the legal consequences of their actions. They exploit lacunas in the law and legal complexity, operate across legal boundaries and in under-regulated spaces, exploit legal thresholds, are prepared to commit substantial violations of the law and generate confusion and ambiguity to mask their actions. 6. Despite the complexity of hybrid war, the Assembly stresses that hybrid adversaries do not operate in a legal vacuum and that relevant domestic and international law norms, including international human rights law, apply to their actions, although the question of attribution and hence accountability may raise difficulties. 1. Assembly debate on 26 April 2018 (17th Sitting) (see Doc. 14523, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Boriss Cilevics; and Doc. 14536, opinion of the Committee on Culture, Science, Education and Media, rapporteur: Mr Volodymyr Ariev). Text adopted by the Assembly on 26 Apri12018 (17th Sitting). See also Recommendation 2130 (2018). " Resolution 2217 (2018) If, in the framework of hybrid war, a State resorts to the use of force against another State, the latter State is allowed to invoke the right to self-defence on the basis of Article 51 of the Charter of the United Nations and norms of international humanitarian law will apply. However, in practice, hybrid adversaries avoid manifest use of force that would reach the required threshold for triggering application of the above norms, thereby creating a legal grey area. 7. The Assembly notes that in cases in which a hybrid adversary refrains from the use of military means, its actions should be examined in the light of domestic criminal law and, if necessary and depending on the situation, relevant international legal instruments covering specific policy areas (such as the law of the sea or norms on combating cybercrime, terrorism, hate speech or money laundering). 8. The Assembly recalls that when countering hybrid war, States are bound to respect human rights law. It is concerned that certain member States of the Council of Europe have already taken measures (such as criminal convictions for online statements, surveillance measures, blocking websites or expulsions) which raise questions concerning respect for human rights, such as the right to freedom of expression, including the right to information, the right to respect for one's privacy or freedom of movement. 9. The Assembly also recalls that although Article 15 of the European Convention on Human Rights (ETS No. 5, "the Convention") allows States Parties to derogate from certain obligations "in time of war or other public emergency threatening the life of the nation", any derogation from the rights enshrined therein shall be made according to certain substantive and procedural requirements. When countering hybrid war threats, States Parties to the Convention may also invoke "national security" as a "legitimate aim" to limit certain rights: the right to respect for private and family life (Article 8), freedom of expression (Article 10), freedom of assembly and association (Article 11 ), freedom of movement (Article 2.3 of Protocol No. 4 to the Convention (ETS No. 46)) and procedural safeguards in case of the expulsion of aliens (Article 1.2 of Protocol No.7 to the Convention (ETS No. 117)). Any restriction of the above rights shall be "prescribed by Jaw", "necessary in a democratic society" and proportionate. Experience gained by States in counterterrorism activity may be a useful source of guidance when identifying the limitations imposed by international Jaw on measures to counter hybrid war threats. 10. Therefore, the Assembly calls on member States to: 10.1. refrain from resorting to hybrid war in international relations and fully respect the provisions of international law, in particular the principles of sovereignty, territorial integrity and inviolability of frontiers, in accordance with their object and purpose, by not abusively exploiting perceived loopholes or ambiguities; 10.2. step up international co-operation in order to identify hybrid war adversaries and all types of hybrid war threats, as well as to establish the applicable legal framework; 10.3. maintain exchange of information regarding hybrid aggressions in Europe and share experience and good practice in countering hybrid threats; 10.4. take measures to increase the public's awareness of hybrid war threats and its ability to react speedily to such threats; 10.5. implement the Council of Europe Convention on Cybercrime (ETS No. 185), sign and ratify it where this is not already the case, and promote its ratification by non-member States. 11. The Assembly welcomes the measures taken by the European Union and the North Atlantic Treaty Organization (NATO) to counter hybrid war threats and to establish co-operation in this field. It also calls on all Council of Europe member States which are members of the European Union and NATO to share their best practices on countering hybrid war with other member States that may be affected by this phenomenon. 12. As regards measures aimed at countering hybrid war, the Assembly recalls its Resolution 1840 (2011) on human rights and the fight against terrorism. It calls on member States to ensure that such measures respect the requirements stemming from the European Convention on Human Rights, in line with interpretation given by the European Court of Human Rights. In particular, as regards rights that are subject to restrictions under the Convention, any limitation must be based on law, proportionate to the legitimate aim pursued (for example national security) and "necessary in a democratic society". ~ Parliamentary Assembly lffL~ Assemblee parlementaire ~~ ~~ dT~E-~~~~~BBBUBmBUEBggBUgggg.aagag.aESRm.. EBRmEB. Resolution 2218 (2018)1 Provisional version Fighting organised crime by facilitating the confiscation of illegal assets Parliamentary Assembly ! 1. The Parliamentary Assembly notes with deep concern that according to World Bank and European Union estimates organised criminals make hundreds of billions of euros in criminal profits every year. The illegal assets accumulated by criminals over time enable them to bribe and put pressure on politicians, law enforcement officials and witnesses and to distort entire markets, by distorting and even eliminating I competition. Such power threatens the stability of even the most solid democracies and the social contract between the citizens and the State on which all free societies are based. 2. Confiscation of illegal assets has multiple benefits: it makes crime less financially rewarding, saps the power bestowed on criminals by their wealth, deprives them of "seed money" needed for future crimes and generates resources to compensate victims and rebuild communities damaged by crime. 3. The Assembly notes that confiscation of criminal assets is often prevented by an unreasonably heavy burden of proof placed on the competent national authorities and by ineffective co-operation between the authorities in different countries in tracking, freezing and confiscating criminal assets across borders. 4. It further notes that Ireland, Italy, the Netherlands and the United Kingdom have passed specific legislation to facilitate the confiscation of illegal assets, in particular by reducing the authorities' burden of proof regarding the criminal origin of unexplained wealth, through the use of factual presumptions or even, under certain conditions, a de facto reversal of the burden of proof. 5. Such measures (also referred to as non-conviction-based confiscation, civil forfeiture, confiscation in rem or unexplained wealth orders) have successfully withstood scrutiny by the highest courts of the countries concerned and also by the European Court of Human Rights. They were found to be compatible with human rights, including the presumption of innocence and the right to peaceful enjoyment of one's possessions. 6. Provided sufficient safeguards exist, in particular full judicial review of any confiscatory measures by '' independent and impartial courts, the Assembly strongly supports non-conviction-based confiscation or similar measures as the most realistic way for States to tackle the enormous and inexorably growing financial power of organised crime, in order to defend democracy and the rule of law. 7. Effective international co-operation in tracking, freezing and confiscating criminal assets depends on an appropriate legal framework that ensures sufficient harmonisation of procedures whilst allowing for different national approaches, without discrimination. 8. Relevant international instruments include the 1959 European Convention on Mutual Assistance in Criminal Matters (ETS No. 30) and its two additional protocols {ETS Nos. 99 and 182), the 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141), the 2005 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (GETS No. 198) and several United Nations instruments (including the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the 2000 Convention against i ' 1. Assembly debate on 26 April 201.8 (17th Sitting) (see Doc. 14516, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Mart van de Ven). Text adopted by the Assembly on 26 April2018 (17th Sitting). lilt.:~l'il '' Resolution 2218 (2018) Transnational Organised Crime and the 2003 Convention against Corruption). Not all of these, however, have been ratified by all Council of Europe member States and other States having a special status with the Council of Europe or its Parliamentary Assembly. This state of affairs creates loopholes, through which organised criminals continue to escape confiscation of their illegal assets. 9. The Assembly therefore invites all member States of the Council of Europe and other States having a special status with the Council of Europe to: 9.1. provide for non-conviction-based confiscation in their national laws, as well as the possibility of equivalent value confiscation and taxation of criminal gains, whilst establishing appropriate safeguards, and adopt successfully tested good practices, including: 9.1.1. allowing for full judicial review, by an independent and impartial tribunal, within a reasonable time, of any decision to freeze or confiscate illegal assets; 9.1.2. granting compensation to persons whose assets were frozen or confiscated erroneously; 9.1.3. providing for legal aid for judicial review and compensation proceedings for persons who cannot afford a legal representative; 9.1.4. creating a specialised body to deal with the freezing and confiscation of illegal assets, with a professional, multidisciplinary staff having access to relevant information held by law enforcement bodies (in particular the police and customs) and the tax and social welfare authorities; 9.1.5. ensuring that the specialised body administers frozen assets in such a way as to preserve their value until they are definitively confiscated, and to dispose of confiscated assets in such a way as to maximise the benefit for society as a whole and to avoid inappropriate incentives; 9.1.6. allowing this specialised body to use special investigative tools, such as access to financial information held by other public bodies, undercover operations, and real-time monitoring of bank accounts; 9.1.7. regularly informing the general public of both operations successfully carried out and problems encountered; 9.2. promote international co-operation in this field by taking expeditious action and co-operating with each other to the widest extent possible for the purposes of investigations and proceedings aiming at the confiscation of instrumentalities and proceeds of crime, in particular by: 9.2.1. signing and ratifying all international legal instruments facilitating tracking, freezing and confiscating illegal assets (paragraph 8); 9.2.2. applying these instruments in a co-operative, non-bureaucratic way, placing a special emphasis on spontaneous exchanges of information, without insisting on reciprocity and without excluding or otherwise placing at a disadvantage those States that have already introduced non conviction-based confiscation regimes; 9.2.3. promoting international networks of competent professionals, such as the CARIN (Camden Asset Recovery Inter-Agency Network) and the ARO (Asset Recovery Offices) platform or other relevant fora; 9.2.4. setting up and using more frequently joint investigation teams, such as those set up with the assistance of Eurojust and Europol, and by promoting more frequent involvement of non-member States of the European Union in such teams; 9.2.5. making special investigative techniques available also in cross-border investigations; 9.2.6. defining clear rules for the sharing of successfully confiscated assets among the countries involved. ~ Parliamentary Assembly ml~ Assemblee parlementaire ~~ ~~~ #'i'ii"rnfJ~i'!iiJOI•@i•i'~GW~~mro.a.a.aa&BBB&.a&mBBBBmBEmBRBa.a.a.ame.aB&mmB CONS ElL DE ~EUROPE Resolution 2219 (2018)1 Provisional version Drug-resistant tuberculosis in Europe Parliamentary Assembly 1, In 2016, tuberculosis caused 1.7 million deaths worldwide, making it the world's leading infectious killer. I The World Health Organization European Region, where the disease was thought to be a thing of the past, has the highest rates of multidrug-resistant tuberculosis in the world. These are strains that are particularly difficult and expensive to treat 2. Tuberculosis is a "social" disease which disproportionately affects socially and economically r disadvantaged groups, such as homeless people and people using drugs. It often has a devastating impact on I the lives of the patients, as they face months, and sometimes years, of often difficult treatment with multiple side effects, and many end up suffering from long-term physical and psychological consequences of the disease. 3. The high rates of multidrug-resistant tuberculosis in the European Region are due to a number of factors which can differ from country to country, including out-dated health policies, weak and under-financed health-care infrastructures, and a large number of undiagnosed patients, all of which also contribute to the disease's transmission. The stigma associated with tuberculosis and the resulting social isolation often lead to treatment non-adherence, one of the main drivers of drug resistance. People living with HIV, prisoners, refugees and migrants are particularly vulnerable groups in the region, with higher risks of tuberculosis morbidity and mortality. 4. There is a significant lack of investment in research and development for new tuberculosis medicines, diagnostic tools and vaccines. The current pharmaceutical innovation model does not offer enough incentives for investing in a disease like tuberculosis: it is risky and costly because ideally it requires investment in new ' combination therapies rather than a single new product, and unprofitable because the greatest burden of the . disease falls on the poorest parts of the world. 5. The Parliamentary Assembly welcomes the fact that tuberculosis will receive unprecedented attention at a United Nations General Assembly high-level meeting to be held in September 2018. This is a historic .. opportunity to tackle this preventable and (most often) curable, yet still neglected disease, and to save millions of lives, as well as a significant cost to the global economy. Therefore, every effort should be made to maximise the impact of the upcoming high-level meeting. 6. In the light of these considerations, the Assembly calls on the Council of Europe member States to: 6.1, ensure that every tuberculosis patient is effectively diagnosed (including for different strains of the disease) and has access to appropriate, free, and when not possible affordable treatment and care, as well as complementary support services, and in particular psycho-social support, with a view to reducing the disease's burden on their lives and increasing treatment adherence; 6.2. provide integrated and people-centred health services, in particular by: 6.2. 1, ensuring effective collaboration between all stakeholders involved in the tuberculosis response, including government agencies, local authorities and civil society organisations; ' ' 1, Assembly debate on 27 April 2018 (18th Sitting) (see Doc. 14525, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Mr Serhii Kiral). Text adopted by the Assembly on 27 April2018 (18th Sitting). l'ilo<>;=l'i! '' Resolution 2219 (2018) 6.2.2. providing tuberculosis care mainly in the ambulatory and community settings, together with appropriate infection-control measures; 6.2.3. involving civil society organisations in patient follow-up and treatment support, also in view of decreasing the financial burdens of already socially vulnerable and disadvantaged groups of patients in need; 6.3. improve early detection mechanisms for tuberculosis by investing in active tuberculosis case finding among socially vulnerable groups, who face a higher risk of exposure and infection, including prisoners, people with HIV, refugees and migrants, and orient preventive treatment towards these groups to prevent latent tuberculosis from activating; 6.4. invest in research and development for new drugs, diagnostics and vaccines for tuberculosis, including by offering incentives and rewards for innovation; 6.5. develop, fund and implement a tailored national tuberculosis strategy; 6.6. fight the stigma associated with tuberculosis by debunking the myths and raising awareness of the realities of the disease; 6.7. continue to highlight the impact of antimicrobial resistance on tuberculosis and support international efforts to prevent its advance. 7. The Assembly strongly encourages all Heads of States of the Council of Europe member States to attend the United Nations high-level meeting on the fight against tuberculosis in 2018. 8. Finally, stressing that tuberculosis and poverty are inextricably linked, the Assembly calls on Council of Europe member States to step up efforts to reduce global and regional inequalities. In this context, it refers to its Resolution 1975 (2014) "Stepping up action against global inequalities: Europe's contribution to the Millennium Development Goals (MDGs)". ~ Parliamentary Assembly ltfL~ Assemblee parlementaire ~~ ~~ dP~~~-~wru~~~------maaamamaa.amaaBBBBa..as Resolution 2220 (2018)1 Provisional version Integration, empowerment and protection of migrant children through compulsory education Parliamentary Assembly I I 1. The right to education and States' duty to provide it are enshrined in Article 26 of the 1948 Universal Declaration of Human Rights, in Article 17.2 of the 1996 European Social Charter (revised) (ETS No. 163), in Article· 13 of the 1966 United Nations Covenant on Economic, Social and Cultural Rights and in the 1989 United Nations Convention on the Rights of the Child. 2. Despite this matrix of international legal provisions framing European countries' obligation to provide accessible, acceptable and adaptable education to all children, in 2016, only 61% of refugee children had access to primary education compared with a global level among non-refugees of 91%. An average of 23% refugee adolescents attended lower secondary school compared to 84% of non-refugee adolescents and only 1% of refugees were attending university compared to 36% worldwide. Out of 6.4 million primary and ,, secondary school-age refugees around the world, an estimated 3.5 million had no school to go to. 3. The Parliamentary Assembly is extremely concerned about Council of Europe member States' failure to implement their undertakings with respect to education for migrant and especially refugee children, and stresses the urgent need to remedy the situation by giving priority to providing inclusive and effective educational programmes as well as the infrastructure and teaching resources to support them. It calls on member States to respect their international undertakings, in particular the obligation to provide accessible and free primary and secondary education to all migrant children within their territory, whatever their origin, gender and background. In the light of the obligations subscribed under Article 17.2 of the European Social Charter (revised) the Assembly urges Croatia, the Czech Republic, Denmark, Germany, Iceland, ,, Luxembourg, Monaco, Poland, San Marino, Spain and the United Kingdom to ratify this instrument. 4. In conflict-affected regions, schools must be recognised as a sanctuary not to be used by military or police forces. In countries not directly touched by war or tensions, domestic legislation should prohibit the presence or entry of police or armed forces inside classrooms in any normal circumstances (for purposes of expulsion, for instance). Their presence is a source of trauma not only for the children concerned, but also for '' children who witness violations of rights, inhuman treatment and intimidation. In this regard, the Assembly calls on those member States which have not yet done so to sign the Safe Schools Declaration adopted at the May 2015 Oslo International Conference on Safe Schools. 5. :once integrated into mainstream classes, most countries provide the same services to migrant children as to others. The Assembly welcomes this state of affairs and urges States to extend equal treatment to all the different situations in which migrant and refugee children find themselves, from reception to integration and during relocation and resettlement, in order to ensure continuity in education, individual well-being and social stability in the host country, and to favour future integration. Children destined to return to their countries of origin will also suffer from gaps in their education once home. 1. Assembly debate on 27 April2018 (18th Sitting) (see Doc. 14524, report of the Committee on Migration, Refugees arid Displaced Persons, rapporteur: Ms Petra De Sutter). Text adopted by the Assembly on 27 April2018 (18th Sitting). " Resolution 2220 (2018) 6. The problems encountered by migrant and refugee families and unaccompanied children concern above all the precariousness and unpredictability of situations, waiting periods for access to education, language barriers, geographical accessibility, insufficient information and guidance for families, lack or absence of financial assistance for asylum applicants to cover educational expenses, and the treatment and integration of traumatised children. The Assembly therefore calls on member States to: 6.1. provide primary and secondary classroom education accessible to all migrant children and free of charge; 6.2. set national objectives for the school attendance of migrant and refugee children; 6.3. integrate education for migrant and refugee children and specialised teacher training into the budget of the Ministry for Education rather than into that of humanitarian and development assistance; 6.4. for educational purposes, not differentiate between children according to their asylum status; 6.5. encourage all children to attend secondary school until the age of 18, regardless of whether possible school-leaving ages are lower in either the host country or the country of origin; 6.6. provide full and comprehensible information to parents about the educational possibilities for their school-age children and their own responsibilities to allow their children to study; 6.7. put in place effective "firewalls" between the information systems of schools and immigration authorities to protect data on the status of migrants in irregular situations, in order to avoid its misuse to deny or complicate access to education for migrant children; 6.8. inform and give access, encouragement, learning incentives and assistance to unaccompanied minors to attend classes; 6.9. give access wherever possible to mainstream education in local classes and provide adequate transport and accompaniment to children accommodated in centres and camps; 6.1 0. make sure that if it is not possible to provide education in mixed local classes, the schooling provided follows recognised methods and curricula which can be used to establish levels of education later; 6.11. ensure that psycho-social assistance is provided in order to diagnose and address cases of trauma, as well as specific teacher training to recognise early signs of distress linked to refugee children's experiences; 6.12. address the infrastructural challenges in terms of educational facilities, which is one of the main obstacles to attaining high enrolment rates of refugee and migrant children. 7. Migrant and refugee children should be given the opportunity to attend pre-school structures in countries where these exist. Where pre-schools are not free of charge, help should be given to enable attendance. The Assembly welcomes the organisation of "welcoming classes" in primary education and international classes in secondary education; these should be provided on regular school premises rather than in dedicated centres and should not be used as a way to segregate migrant children (for example, the length of classes should not exceed the point where children are ready to join normal classes). 8. Language learning is an important part of integration and a precondition for the advancement of other learning abilities. Additional language courses should be made available free of charge to children (and parents) where needed. Where possible, access to mother-tongue educational resources should be made available. The Assembly also calls on all Council of Europe member States to encourage financially and structurally further and higher education for migrants, making use of tools such as the Council of Europe Language Support Toolkit for Adult Refugees and supporting projects such as the Council of Europe's European Qualifications Passport for Refugees piloted by Greece in 2017. 9. Gender-sensitive education should be in place and teachers trained in how to manage culturally sensitive situations linked to gender, to recognise gender-specific issues and to reject and avoid propagating stereotypes. These skills should be taught as a general rule, but the Assembly points out that they are all the more important when the cultures, habits and beliefs of migrants and refugees differ from those of the majority in the host country. Accepting difference and inciting curiosity about other cultures and indeed one's own culture and history begins in the classroom. Resolution 2220 (2018) 10. The Assembly therefore strongly urges member States to work actively towards fulfilment of the objectives set out above. Non-respect of the legal undertakings guaranteed by the implementation of these concrete measures constitutes a flagrant violation of children's rights. Education is a powerful tool for integration of migrants and refugees and for the empowerment of young people destabilised by situations for which they are not responsible. ; I '"' .' ' ' I' i..L/;?- Parliamentary Assembly ttfL~ Assemblee parlementaire 52,)~ ~~~ :ttdnt!m'IE..:::'-m~~~.--.-._.aa._.__.._._._._._._._. -- Doc.14513 23 April 2018 Second part of the 2018 Ordinary Session (23-27 April 2018) Agenda1 j .' '' 1. Adopted by the Assembly on 23 April 2018. Abbreviations Bur: Bureau of the Assembly Per: Standing Committee Pol: Committee on Political Affairs and Democracy Jur: Committee on Legal Affairs and Human Rights Soc: Committee on Social Affairs, Health and Sustainable Development Mig: Committee on Migration, Refugees and Displaced Persons Cult: Committee on Culture, Science, Education and Media Ega: Committee on Equality and Non-Discrimination Mon: Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Pro: Committee on Rules of Procedure, Immunities and Institutional Affairs Cdh: Committee on the Election of Judges to the European Court of Human Rights EPPICD: Group of the European People's Party SOC: Socialists, Democrats and Greens Group EC: European Conservatives Group ALDE: Alliance of Liberals and Democrats for Europe UEL: Group of the Unified European Left FDG: Free Democrats Group NR: Representatives not belonging to a political group Symbols li Presentation, statement (!) Deadline for tabling documents Ill Lists (speakers, questions) Q, Votes Meetings outside the Chamber Bureau of the Assembly Monday: 08:00-09:30 Friday: 08:30-10:00 Committees Monday: 14:00-15:00 Tuesday: 08:30-10:00 Tuesday: 14:00-15:30 Wednesday: 14:00-15:30 Thursday: 08:30-10:00 Thursday: 14:00-15:30 Political groups Monday: 09:30-11:30 Monday: 17:00-19:00 Wednesday: 08:30-10:00 Monday 23 April 2018 Sitting No. 10 (11:30-13:00) 1. Opening of the part-session 1.1. Statement by the President 1.2. Examination of credentials 0 List of delegations: o (Doc. 14532) 1.3. Changes in the membership of committees (Commissions (2018) 04) 1.4. Requests for debate: 1.4.1. Current affairs debate: "Illegal election of the President of the Russian Federation on the temporarily occupied territory of the Autonomous Republic of Crimea: a human rights violation" 1.4.2. Urgent procedure debate: "Copenhagen Declaration, appreciation and follow-up" 1.4.3. Current affairs debate: "Europe's role in peacemaking initiatives in Syria" 1.4.4. Urgent procedure debate: "Member States' respect for international rules-based agreements and principles in the context of the interventions by the Russian Federation in I Ukraine, Georgia, the Republic of Moldova and most recently in the United Kingdom and of a further recent transgression of international law by the regime in Syria and its sponsors" 1.4.5. Urgent procedure debate: "Follow-up to the report of the Independent Investigation Body ,, on the allegations of corruption within the Parliamentary Assembly" 1.5. Adoption ofthe agenda 1.6. Approval of the minutes of proceedings of the Standing Committee (Paris, 16 March 2018) (AS/Per (2018) PV 01) 2. Debate 2.1. Progress report of the Bureau and the Standing Committee 0 Presentation by: o Ms Liliane MAURY PASQUIER (Switzerland, SOC), Rapporteur AS/Bur (Doc. 14529, .' Doc. 14529 Add. 1, Doc. 14529 Add. 2, Doc. 14533) Ill List of speakers (deadline for registration: Monday 23 April, 1 0:00) G [possibly] Vote " Sitting No. 11 (15:00-17:00) 3. Debate 3.1. Progress report of the Bureau and the Standing Committee (continued) Ill List of speakers G [possibly] Vote 4. Debate 4.1. Free debate Ill List of speakers (deadline for registration: Monday 23 April, 12:00) i ' .' Tuesday 24 April 2018 Sitting No. 12 (10:00-13:00) 5. Election (1 0:00-13:00) 5.1. Judge to the European Court of Human Rights 0 List of candidates in respect of: o Montenegro (Doc. 14514, Doc. 14529 Add. 2) 6. Debate 6.1. State of emergency: proportionality issues concerning derogations under Article 15 of the European Convention on Human Rights 0 Presentation by: o Mr Raphael COMTE (Switzerland, ALOE), Rapporteur AS/Jur (Doc. 14506) 1 List of speakers (deadline for registration: Monday 23 April, 16:00) (!) Amendments (deadline for tabling: Monday 23 April, 16:00) G Votes on a draft resolution and a draft recommendation (Doc. 14506) 7. Address (12:00-13:00) 7.1. Mr Nikola DIMITROV, Minister for Foreign Affairs of "the former Yugoslav Republic of Macedonia" Speech (12:00-12:20) Questions and replies (12:20-13:00) 1 Questions Sitting No. 13 (15:30-20:00) 8. Election (continued) (15:30-17:00) 8.1. Judge to the European Court of Human Rights 9. Question time (15:30-16:00) 9.1. Mr Thorbjorn JAGLAND, Secretary General of the Council of Europe 1 Questions 10. Debate 10.1. Climate change and implementation of the Paris Agreement 0 Presentation by: o Mr John PRESCOTT (United Kingdom, SOC), Rapporteur AS/Soc (Doc. 14521) 1 List of speakers (deadline for registration: Tuesday 24 April, 12:00) (!) Amendments (deadline for tabling: Monday 23 April, 16:00) G Vote on a draft resolution (Doc. 14521) 11. Debate 11.1. Funding of the terrorist group Daesh: lessons learned 0 Presentation by: o Mr Phil WILSON (United Kingdom, SOC), Rapporteur AS/Pol (Doc. 14510) 1 List of speakers (deadline for registration: Tuesday 24 April, 12:00) (!) Amendments (deadline for tabling: Monday 23 April, 16:00) G Vote on a draft resolution (Doc. 14510) Wednesday 25 April 2018 Sitting No. 14 (10:00-13:00) 12. [Possibly 2nd round] Election (continued) (10:00-13:00) 12.1. Judge to the European Court of Human Rights 13. Address (10:00-11:00) 13.1. Communication from the Committee of Ministers CJ Presentation by; o Mr Anders SAMUELSEN, Minister for Foreign Affairs of Denmark, Chairman of the Committee of Ministers II Questions (deadline for registration: Wednesday 25 April, 12:00) 14. Joint debate i 14.1. The protection of editorial integrity CJ Presentation by; o Mr Volodymyr ARIEV (Ukraine, EPP/CD), Rapporteur AS/Cult (Doc. 14526) I, ' 14.2. The status of journalists in Europe CJ Presentation by; o Ms Elvira DR OBI NSKI-WEISS (Germany, SOC), Rapporteur AS/Cult (Doc. 14505) o Ms Thorhildur Sunna JEVARSD6TTIR (Iceland, SOC), Rapporteur for opinion AS/Jur (Doc. 14535) II List of speakers (deadline for registration: Tuesday 24 April, 19:00) (!) Amendments (deadline for tabling: Tuesday 24 April, 1 0:30) ld Vote on a draft resolution (Doc. 14526) ld Vote on a draft resolution (Doc. 14505) Sitting No. 15 (15:30-20:30) 15. [Possibly 2nd round] Election (continued) .' 15.1. Judge to the European Court of Human Rights 16. Joint debate (continued) (15:30-16:45) 16.1. The protection of editorial integrity ' ' 16.2. The status of journalists in Europe II List of speakers (deadline for registration: Tuesday 24 April, 19:00) (!) Amendments (deadline for tabling: Tuesday 24 April, 1 0:30) ld Vote on a draft resolution (Doc. 14526) ld Vote on a draft resolution (Doc. 14505) ' ' ' ' 17. Debate 17.1. Humanitarian needs and rights of internally displaced persons in Europe 0 Presentation by: o Mr Killion MUNYAMA (Poland, EPP/CD), Rapporteur AS/Mig (Doc. 14527) 0 Statement by: o Ms Cecilia JIMENEZ-DAMARY, United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons II List of speakers (deadline for registration: Wednesday 25 April, 12:00) (!) Amendments (deadline for tabling: Tuesday 24 April, 16:00) ld Votes on a draft resolution and a draft recommendation (Doc. 14527) 18. Debate 18.1. The situation in Libya: prospects and role of the Council of Europe 0 Presentation by: o Mr Attila KORODI (Romania, EPP/CD), Rapporteur AS/Pol (Doc. 14519) o Ms Tineke STRIK (Netherlands, SOC), Rapporteur for opinion AS/Mig (Doc. 14534) II List of speakers (deadline for registration: Wednesday 25 April, 12:00) (!) Amendments (deadline for tabling: Tuesday 24 April, 16:00) ld Votes on a draft resolution and a draft recommendation (Doc. 14519) Thursday 26 April 2018 Sitting No. 16 (10:00-13:00) 19. Debate under urgent procedure 19.1. Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly Cl Presentation by: o Ms Petra De SUTTER (Belgium, SOC), Rapporteur AS/Pro (Doc. 14540) o Ms Olena SOTNYK (Ukraine, ALDE), Rapporteur for opinion AS/Jur (Doc.) Ill List of speakers (deadline for registration: Wednesday 25 April, 19:30) (!) Amendments (deadline for tabling: Wednesday 25 April, 16:00) ld Votes on a draft resolution and a draft recommendation (Doc. 14540) 20. Current affairs debate ' 20.1. Europe's role in peacemaking initiatives in Syria · Ill List of speakers I, Sitting No. 17 (15:30-20:00) 21. Debate under urgent procedure 21.1. Copenhagen Declaration, appreciation and follow-up Cl Presentation by: o Ms Thorhildur Sunna A:VARSDOTTIR (Iceland, SOC), Rapporteur AS/Jur (Doc. 14539) Ill List of speakers (deadline for registration: Thursday 26 April, 12:00) (!) Amendments (deadline for tabling: Wednesday 25 April, 16:00) I" ld Vote on a draft recommendation (Doc. 14539) ' 22. Debate 22.1. Legal challenges related to hybrid war and human rights obligations I Cl Presentation by: .' o Mr Boriss CILEVICS (Latvia, SOC), Rapporteur AS/Jur (Doc. 14523) o MrVolodymyr ARIEV (Ukraine, EPP/CD), Rapporteur for opinion AS/Cult (Doc. 14536) Ill List of speakers (deadline for registration: Thursday 26 April, 12:00) (!) Amendments (deadline for tabling: Wednesday 25 April, 16:00) ' ' ld Votes on a draft resolution and a draft recommendation (Doc. 14523) 23. Debate 23.1. Fighting organised crime by facilitating the confiscation of illegal assets Cl Presentation by: o Mr Mart van de VEN (Netherlands, ALDE), Rapporteur AS/Jur (Doc. 14516) II List of speakers (deadline for registration: Thursday 26 April, 12:00) (!) Amendments (deadline for tabling: Wednesday 25 April, 16:00) ld Vote on a draft resolution (Doc. 14516) I ' ' ' Friday 27 April 2018 Sitting No. 18 (10:00-13:00) 24. Debate 24.1. Drug-resistant tuberculosis in Europe 0 Presentation by: o Mr Serhii KIRAL (Ukraine, EC), Rapporteur AS/Soc (Doc. 14525) II List of speakers (deadline for registration: Thursday 26 April, 19:00) ~ Amendments (deadline for tabling: Thursday 26 April, 10:30) G Vote on a draft resolution (Doc. 14525) 25. Debate 25.1. Integration, empowerment and protection of migrant children through compulsory education 0 Presentation by: o Ms Petra De SUTTER (Belgium, SOC), Rapporteur AS/Mig (Doc. 14524) II List of speakers (deadline for registration: Thursday 26 April, 19:00) ~ Amendments (deadline for tabling: Thursday 26 April, 10:30) Q, Vote on a draft resolution (Doc. 14524) 26. Progress report 26.1. Progress report of the Bureau and the Standing Committee (continued) 27. Closure of the part-session Parliamentary Assembly Assemblee parlementaire ~~~ ~ ~ ~~~m-~"mrn~•~·¥~£~~!$~mW~&~EIBIIRIRIRIRBIIRMIBIISEIISimiRDIIRmRBIIRE Draft Agenda of meetings of the Committees of the Assembly, the Bureau and Political Groups 2nd part of the 2018 Session: 23-27 April Also available on the internet site: http://assembly.coe.int 16/04/2018 version Date and time Meeting Room Languages SUNDAY 22 APRIL 2018 • I 0:00 to 13:00 Meeting of the Presidential Committee Room 17 (E only) J.' • 15:00 to 18:30 Bureau of the Assembly Room? (ElF) MONDAY 23 APRIL 2018 • 08:00 to 09:30 Bureau of the Assembly Room? l • 08:30 to 09:30 Women Working Group- Socialists , Democrats and Greens Group Room II (E/F) • 09:30 to I I :30 Group of the Unified European Left Room3 ~· • 09:30 to I I :30 Group of the European People's Pruty RoomS ~ • 09:30 to 11:30 Free Democrats Group Room6 (E/F/I) • 09:30 to 11:30 European Conservatives Group RoomS .' • 09:30 to I I :30 Socialists, Democrats and Greens Group Room9 • 09:30 to I 1:30 Group of the Alliance of Liberals ru1d Democrats for Europe Room 10 '' • 10:00 to I 1:30 Meetiog of the Secretaries of National Delegations Room II (E/F) • II :30 * * * **ASSEMBLY SITTING***** • 14:00 to 15:00 Committee on Equality and Non-Discrimination Room3 • 14:00 to 15:00 Sub-Committee on Education, Youth and Sport of the Committee on Culture, Room6 (ElF) Science, Education and Media • 14:00 to 15:00 Committee on Migration, Refugees and Displaced Persons RoomS .' • 14:00 to 15:00 Committee on Political Affairs and Democracy Room9 '' Date and time Meeting Room Languages • 14:00 to 14:SO Committee on Legal Affairs and Human Rights Room I 0 • 14:00 to IS:OO Committee on Social Affairs, Health and Sustainable Development Room II • 14:SO to IS:OO Sub-Committee on the implementation of judgments of the European Comi of Room 10 (ElF) Human Rights of the Conmlittee on Legal Affairs and Human Rights • IS:OO *****ASSEMBLY SITTING***** •17:00to 19:00 Group of the Unified European Left Room3 •17:00to 19:00 Group of the European People's Party RoomS • 17:00 to 19:00 Free Democrats Group Room6 (E/F/I) • 17:00 to 19:00 European Conservatives Group Room8 • 17:00 to 19:00 Socialists , Democrats and Greens Group Room9 • 17:00 to 19:00 Group of the Alliance of Liberals and Democrats for Europe Room 10 TUESDAY 24 APRIL 2018 • 08:30 to 10:00 Sub-Committee on disability and multiple and intersectional discrimination of Room3 (ElF) the Conmlittee on Equality and Non-Discrimination • 08:30 to 10:00 Committee on Rules of Procedure, I1111nunities and Institutional Affairs RoomS • 08:30 to 10:00 Committee on Culture, Science, Education and Media Room6 • 08:30 to 10:00 Sub-Committee on the Europe Prize of the Committee on Social Affairs, Health Room8 (ElF(+ and Sustainable Development D/IT passive)) • 08:30 to 10:00 Committee on Legal Affairs and Human Rigbts Room 10 • 08:30 to 10:00 Committee on the Honouring of obligations and committnents by member states Room 11 of the Council of Europe (Monitoring Committee) • 09:1S to 10:00 Sub-Cmmnittee on the Middle East and the Arab World of the Conm1ittee on Room9 (ElF) Political Affairs and Democracy • 10:00 *****ASSEMBLY SITTING***** • 14:00 to 14:30 Committee on Equality and Non-Discrimination RoomS • 14:00 to IS:30 Cmmnittee on Culture, Science, Education and Media Room6 • 14:00 t)l!S:30 Conffilittee on Social Affairs, Health and Sustainable Development Room? Date and time Meeting Room Languages • 14:00 to 1S:30 Committee on Migration, Refugees and Displaced Persons RoomS • 14:00 to 1S:30 Connnittee on Political Affairs and Democracy Room9 • 14:30 to 1S:30 Joint hearing of the Committee on Equality and the Legal Affairs Connnittee on RoomS "Alleged extreme discrimination and crimes against LGBTI people in the Chechen Republic (Russian Federation)" • IS:30 *****ASSEMBLY SITTING***** WEDNESDAY 25 APRIL 2018 • 08:30 to 10:00 Group of the Unified European Left Room3 • 08:30 to I 0:00 Group of the European People's Party RoomS I • 08:30 to 10:00 Free Democrats Group Room6 (ElF/I) • 08:30 to 10:00 Socialists , Democrats and Greens Group Room9 1 • 08:30 to 10:00 Group of the Alliance of Liberals and Democrats for Europe Room 10 • 09:00 to 10:00 European Conservatives Group Room8 i,, • 10:00 *****ASSEMBLY SJTTJNG***** • 14:00 to IS:30 Sub-Committee on the rights of minorities of the Committee on Equality and Room3 (ElF) '" Non-Discrimination • 14:00 to IS:30 Committee on Social Affairs, Health and Sustainable Development Room7 • 14:00 to IS:OO Committee on Migration, Refugees and Displaced Persons Room8 ,, • 14:00 to 1S:30 Committee on Political Affairs and Democracy Room9 t' • 14:00 to 1S:OO Committee on Legal Affairs and Human Rights Room 10 • 14:00 to 1S:30 Committee on the Honouring of obligations and conm1itments by member states Room 11 of the Council of Europe (Monitoring Connnittee) • 1S:OO to lS:lO Sub-Committee on Integration of the Committee on Migration, Refugees and RoomS (E/F) Displaced Persons • lS: 10 to 15:30 Sub-Committe on Diasporas of the Committee on Migration, Refugees and RoomS (ElF) Displaced Persons • 15:30 *****ASSEMBLY SITTING***** ~ ' THURSDAY 26 APRIL 2018 • 08:30 to 10:00 Committee On Equality and Non-Discrimination Room3 ~ '' Date and time Meeting Room Languages • 08:30 to 10:00 Committee on Culture, Science, Education and Media Room? • 08:30 to 10:00 Conm1ittee on Rules of Procedure, I1mnunities and Institutional Affairs RoomS (ElF) • 08:30 to 10:00 Committee on Political Affairs and Democracy Room9 • 08:30 to 10:00 Committee on Legal Affairs and Human Rights Room 10 • 08:30 to 10:00 Committee on the HollOUiing of obligations and commitments by member states Room 11 of the Council of Europe (Monitoring Committee) • 10:00 *****ASSEMBLY SITTING***** • 14:00 to 15:30 Committee on Equality and Non-Discrimination Room3 •14:00to 15:30 Committee on Culture, Science, Education and Media Room6 (TBC) • 14:00 to 15:30 Committee on Social Affairs, Health and Sustainable Development Room7 • 14:00 to 15:30 Committee on Migration, Refugees and Displaced Persons RoomS • 14:00 to 15:30 Ad hoc Committee of the Bureau on The role and mission of the Parliamentary Room9 (ElF) Assembly • 14:00 to 15:30 Committee on Legal Affairs and Human Rights Room 10 (TBC) • 15:30 *****ASSEMBLY SITTING***** • 20:00 Meeting of the Presidential Committee Strasbourg (E only) FRIDAY 27 APRIL 2018 • 08:30 to 10:00 Bureau of the Assembly Room7 • 10:00 *****ASSEMBLY SITTING***** lLJ?-- Parliamentary Assembly ttfL~ Assemblee parlementaire :.>~ii?~ ~~ w"'fcmm~llltiilllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllil!ll CONSEIL DE ~EUROPE Bureau of the Assembly AS/Bur/MR-PA (2018) OJ 03 3 April2018 Ad hoc Committee on The role and mission of the Parliamentary Assembly Draft agenda i of the meeting to be held in Strasbourg on Thursday, 26 April 2018 at 2 pm Room9 I I 1. Agenda [AS/Bur/MR-PA (2018) OJ03] Adoption of the draft agenda 2. Minutes [AS/Bur/MR-PA (2018) PV 02] Approval of the draft minutes 3. Consideration of a Memorandum prepared by the Chairperson [AS/Bur/MR-PA (2018) 03; AS/Bur/MR-PA (2018) 04, AS/Bur/MR-PA (2018) 05] i .' 4. Other business 5. Date and place of the next meeting Zagreb, Friday 1 June 2018, 2.30 pm To all participants of the Ad hoc Committee of the Bureau of the Assembly copy for information to secretaries of national delegations and political groups and Heads of the secretariat of the Assembly's general committees This document is also the convocation to the meeting Parliamentary Assembly Assemblee parlementaire t~~ ~~~~-·!1!·1!illlllllllllllllll _____llllllllllllllllllllllll_il!llll_llllllllllll- CONSEIL DE ~EUROPE Bureau of the Assembly AS/Bur/MR-PA (2018) OJ 04 27 April 2018 Ad hoc Committee on The role and mission of the Parliamentary Assembly Draft agenda ' of the meeting to be held in Zagreb on Friday 1 June 2018 from 2.30 pm to 6.00 pm I' Croatian Parliament- Hrvatski sabor, St Mark's Square 6-7 - Plenary Hall •• 1. Agenda [AS/Bur/MR-PA (2018) OJ04] Adoption of the draft agenda 2. Minutes [AS/Bur/MR-PA (2018) PV 03] Approval of the draft minutes •• 3. Consideration of a revised memorandum prepared by the Chairperson [AS/Bur/MR-PA (2018) 06] I' 4. Other business 5. Date and place of the next meeting During the 3'' part-session 2018 (25 to 29 June 2018) To all participants of the Ad hoc Committee of the Bureau of the Assembly copy for information to secretaries of national delegations and political groups and i' Heads of the secretariat of the Assembly's general committees L______:T.:.:h:..:is_:d:.::o-=c=um=en.:.:tc..:.is::...=al=-so=--· -"th.:.:ec-=c:...:o.:.:n_.:._vo::cc::a=ti=-o:..cn_.:._to'-t=-h:.::e_.:._m.:.:e:.::e-=cti'-"ng"------_j' • ·~ lL;y-- Parliamentary Assembly ml~ Assemblee parlementaire ~-,~ ------= ~ tdiiirrE~fiLi€!i£fuutUm! Committee on Legal Affairs and Human Rights Draft Agenda [~REEN lf!IGHLIGI;;ITIN§ INOIG~T!ES GflANGES sii'!GE Tf!E LAST ISSUE oF Tli!E AGENDA] for the meetings to be held in Strasbourg (Palais de I'Europe) on: - Monday 23 April 2018 from - (Room 1 0) Tuesday 24 April 2018 from 8.j·l1 ~jmJRhom 10) I' Tuesday 24 April 2018 from (Joint hearing on Chechen Republic with the Committee on Equality and Non-Discrimination) (Room 5) Wednesday 25 April 2018 from 2- 3pm (Room 10) i 1 ' [Thursday 26 April2018 from 8.30-8.45am (Room 10) ] . Thursday 26 April 2018 from 8.45-10am (Room 10) Thursday 26 April 2018 from 2-3.30pm (Room 10) 1. Agenda [ASIJur (2018) OJ 03 Rev] .' Adoption of the agenda " 2. Minutes [ASIJur (2018) PV 02] Approval of the minutes of the meeting held in Paris on 14 March 2018 1 Sub-committee on the implementation of judQments of the European Court of Human RiQhts- (Room 10) This draft agenda, addressed to members of the Committee and their alternates, is the convocation to the meeting Copy to Secretaries of delegations and political groups •• Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national f0, delegations): http://assembly.coe.int/extranet. · 1 f ' AS/Jur (2018) OJ 03 Rev 3. The status of journalists in Europe Rapporteur for opinion: Ms Thorhildur Sunna JEversd6ttir, Iceland, SOC Rapporteur for the Committee on Culture, Science, Education and Media: Ms Elvira Drobinski-Weiss, Germany, SOC [AS/Jur (2018) Ill Doc. 14505] Consideration of a report tabled by the Committee on Culture, Science, Education and Media Consideration and approval of the Committee's opinion 4. The continuing need to restore human rights and the rule of law in the North Caucasus region Rapporteur: Mr Frank Schwabe, Germany, SOC [AS/Jur (2018}1 0] Consideration of an introductory memorandum 5. Human rights situation in the occupied regions of Georgia (Rapporteur: Mr Pierre-Aiain Fridez, Switzerland, SOC) [AS/Jur (2018) 1111 Consideration of an introductory memorandum 6. How can inappropriate restrictions to NGO activities in Europe be prevented? (Rapporteur: Mr Yves Cruchten, Luxembourg, SOC [Letter addressed to the Vice-Chairperson Opinion of the Venice Commission] Follow-up to the request made to the Venice Commission for an opinion on the compatibility of the Romanian draft legislation on NGOs (draft law 140/2017, amending Law 2612000 on Associations and Foundations} 7. Appointment of rapporteurs [Appointment procedure document Rapporteur table Doc. 14479 Doc. 14483 1 For report: Daphne Caruana Galizia's assassination and the rule of law, in Malta and beyond: ensuring that the whole truth emerges Improving the protection of whistleblowers all over Europe 2 AS/Jur (2018) OJ 03 Rev **** Tuesday 24 Apri/2018 from 8.30-10am (Room 10) 10. State of emergency: proportionality issues concerning derogations under Article 15 of the European Convention on Human Rights Rapporteur: Mr Raphael Comte, Switzerland, ALOE [Doc. 14506 + amendments] Consideration of amendments to the draft resolution and draft recommendation Hearing: 11. The implementation of judgments of the European Court of Human Rights- 1O'h report Rapporteur: Mr Evangelos Venizelos, Greece, SOC [AS/Jur (2018) 04] Hearing with the participation of: I ! pas, Registrar, Registry of the Court of Human Rights, Strasbourg, France Mr Christos Giannopoulos, Doctor of Public Law, lnstitut de recherches Carre de Malberg (IRCM); Associate Lecturer in Public Law; Lecturer at the University of Strasbourg, France **** Joint hearing with the Committee on Equality and Non-Discrimination on: l ' ' ' ***** I ' ! ' 3 ~ AS/Jur (2018) OJ 03 Rev Wednesday 25 April 2018 from 2pm- 3pm 13. Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the "Cairo Declaration"? Rapporteur: Mr Antonio Gutierrez, Spain, SOC [AS/Jur (2018) lill Consideration of a revised introductory memorandum 14. Protecting human rights defenders in Council of Europe member States Rapporteur: Mr Egidijus Vareikis (Lithuania, EPP/CD [AS/Jur (2018) 05] the participation of ***** {Thursday 26 April 2018 from 8.30-8.45am (for information)l • Sub-Committee on the implementation of judgments of the European Court of Human Rights- (Room 10) Thursday 26 Apri/2018 from 8.45-10am 15. Fighting organised crime by facilitating the confiscation of illegal assets R~aplpliollirteur: Mr Mart van de Ven, Netherlands, ALOE ll! 11+ amendments] Consideration of amendments to the draft resolution and draft recommendation 16. Legal challenges related to the hybrid war and human rights obligations R"'iaplpiiiolrtleu~r: Mr Boriss Cilevics, Latvia, SOC ~ + amendments Doc .... (opinion AS/CULT)] Consideration of amendments to the draft resolution and draft recommendation ***** Thursday 26 Apri/2018 from 2-3.30pm 17. Handbook for parliamentarians: National parliaments as guarantors of human rights in Europe: [handbook] Report by the Chairperson of the Sub-Committee on the implementation of judgments of the European Court of Human Rights on the meeting held in Strasbourg on Thursday 26th April 2018. Consideration and approval of publication of the "Handbook for parliamentarians: National parliaments as guarantors of human rights in Europe" 4 AS/Jur (2018) OJ 03 Rev 19. Participation of members in conferences, meetings, seminars etc Reports by the following representatives: • The Council for Democratic Elections (of the Venice Commission), 15 March 2018: Lord Richard Balfe (United Kingdom, EC) • 79th plenary meeting of GRECO, 20-24 March 2018: Mr Georgii Logvynskyi (Ukraine, EPP/CD) 20. Other business http://website-pace.net/en GB/web/apce/vaclav-havel-human-riqhts-prize i 21. Next meetings l Plenary Committee: Reykjavik, Iceland, 22-23 May 2018 Strasbourg, during the Assembly's 3rd part-session of 2018 (25-29 June 2018) Paris, 10 September 2018 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 41h part-session of 2018 (8-12 October 2018) Paris, 12 November 2018 (Council of Europe Office) (to be confirmed) Paris, 13 December 2018 (Council of Europe Office) SUB-COMMITTEE MEETINGS DURING THE ASSEMBLY'S 2"dPART-SESSION: Sub-Committee on the implementation of judgments of the European Court of Human Rights • Strasbourg, Thursday 26 April 2018, 8.30 -8.45am (Room 10) ' ' ' ' I' ! ' 5 . Parliamentary Assembly Assemblee parlementaire '-"-;~ t:::::~/././// AS/Pol ~(2018) 1i'l1ml/~1.J.~------ OJ 03rev 18 April 2018 Apoj03rev _18 Committee on Political Affairs and Democracy Revised draft agenda ofthe meetings to be held in Strasbourg, Palais de !'Europe, on: . Monday 23 April2018, 14:00-15:00, room 9 . Tuesday 24 April2018, 14:00-15:30, room 9 . Wednesday 25 April2018, 14:00-15:30, room 9 !' Monday. 23 April2018. 14:00-15:00. room 9 1. Agenda [AS/Pol (2018) OJ 03rev] i' Adoption of the agenda ••' 2. Minutes [AS/Pol (2018) PV 02] Approval of the minutes of the meeting held Paris on 12 March 2018 •• 3. Strengthening co-operation with the United Nations Rapporteur: Mr Adf'w Silva, Portugal, EPPICD [UN Res A/71/17] " ::.' Mrril,., iriCVcfl'., i;J,,,,,,, rmraa of .,,.,,,P.!Hietl'§"aftm'erifi"o'f , ,,., Relation's., ,.,,., wfth'il'rlte\icfa'ff6n'8Pb'r, , ...,", ...... 9 'i'l'hls.:i'!lon's ...... i8Ha h.Jbn~Me';fber-J!L. §!il.te2,JPJr!J.<;tp,t; 4. Implementation of budgetary savings within the Assembly following the decisions by the Bureau Follow-up to the exchange of views of 12 March 2018 This draft agenda, addressed to full members of the Committee and their alternates, is the convocation to the meeting Copy to Secretaries of national delegations, of observer and partner for democracy delegations ' ' and of political groups Meeting documents are published on the Parliamentary Assembly extranet website (restricted area for national delegations): http://assembly.coe.int/extranet. ' ' AS/Pol (2018) OJ 03rev Tuesday, 24 April 2018, 14:00- 15:30, room 9 5. Funding of the terrorist group Daesh: lessons learned Rapporteur: Mr Phil Wilson, United Kingdom, SOC [Doc. 14510, Amendments, Doc. 14482] Consideration of the amendments to the draft resolution Deadline for amendments: Monday, 23 April 2018, 16:00 Debate in the Assembly: Tuesday, 24 April 2018, last debate of the afternoon 6. Counter-narratives to terrorism Rapporteur for opinion: Mr Jordi X ucla, Spain, ALOE [AS/Pol (2018) 08, Doc AS/Jur ... ] Consideration and approval of an opinion 7. Democracy hacked? How to respond? Rapporteur: Mr Frithjof Schmidt, Germany, SOC [Extracts from AS/Per (2017)PVD3] Statement by the Rapporteur 8. The situation in Kosovo' Rapporteur: Mr Jordi Roca, Spain, EPP/CD Exchange of views 9. Work programme [AS/Pol (2018) WP 03, AS/Pol/lnf (2018) 01 rev2] • Call for candidates Strengthening parliamentary dialogue with Algeria [Doc. 14476] • Appointment of institutional representatives of the Committee Appointment of the alternate for the European Commission against Racism and Intolerance Wednesday, 25 Apri12018, 14:00-15:30, room 9 10. The situation in Libya: prospects and role of the Council of Europe Rapporteur: Mr Attila Korodi, Romania, EPP/CD [Doc. 14519, Amendments, AS/Mig Opinion] Consideration of amendments to the draft resolution and draft recommendation Deadline for amendments: Tuesday, 24 April 2018, 16:00 Debate in the Assembly: Wednesday, 25 April 2018, last debate of the afternoon 11. Follow-up to Resolution 2172 (2017) and Recommendation 2107 (2017) on The situation in Belarus Former Rapporteur: Mr Andrea Rigoni, Italy, ALOE [Res 2172 (2017), Rec 2107 (2017), Doc. 14446 CM Reply, Press release 08.03.2018] Exchange ofviews with the participation of: - Mr Andrei Naumovich, Head of Working group on the Death penalty issues, Chairperson of the Standing Committee on Human rights, national relations and media, House of Representatives of the National Assembly of Belarus - Ms Alena Anisim, member of the• Committee on Education, Culture and Science, House of Representatives of the National Assembly of Belarus - Ms Tatsiana Karatkevich, member ofthe Belarus ian Social Democratic Party and civic campaign Tell the Truth ·, ·Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understood in i full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo. 2 AS/Pol (2018) OJ 03rev 12. Open discussion on current issues 13. Changes in the composition of the Sub-Committees 14. Authorisations by the Committee 15. Other business 16. Next meetings • Athens, 22 May 2018 [A&!Pol. ~20 1~~OJ 04.rcABII"(JIZio((iOh8)04, .:4.$/E'oi/Jnf(llota) ojr~i(, .lPt~rpref '' I ' ' " l ' I' 3 ~ Parliamentary Assembly ttfL~ Assemblee parlementaire ~~ ~-i!Jl\P!'iil""""'ii1!!l!·!lil·!ll0ll!l\!iiii<•!'ii@!UI!olilll!lllllllllllllllllllllllllllllllllllllllllllllllllll ___llllllllllllllllllll ____ CONSEIL DE tEUROPE AS/Soc (2018) OJ 03 28 March 2018 Asocoj03_2018 Cimmlffvvin 14•111 &ffiilr•, H•41fh 1nd IY!t!!n~•lt!2vvil~mmtnt Draft agenda 1 for the meetings to be held in Strasbourg on Monday, 23 April2018, from 2 to 3 pm [Room 11] Tuesday, 24 April 2018, from 2 to 3.30 pm [Room 7] Wednesday, 25 April2018, from 2 to 3.30 pm [Room 7] I Thursday, 26 April 2018, from 2 to 3.30 pm [Room 7] [Sub-Committee on the Europe Prize, room 8 r on Tuesday, 24 Apri12018, from 8.30 to 10 am in camera] Monday, 23 Apri/2018, from 2 to 3 pm [Room 111 1. Agenda [AS/Soc (2018) OJ 03] " Adoption of the draft agenda 2. Minutes [AS/Soc (2017) PV 02] Approval of the draft minutes of the meeting held in Paris on 20 March 2018 3. Striking a balance between the best interest of the child and the need to keep the families together •• Rapporteur: Mr Valeriu Ghiletchi, Republic of Moldova, EPP/CD [AS/Soc (2018) 11] Consideration of a draft report and adoption of a draft resolution " 4. Protecting the rights of people with psychosocial disabilities with regard to involuntary measures in psychiatry Rapporteur: Ms Reina de Bruijn-Wezeman, Netherlands, ALOE [AS/Soc (2018) 16] Consideration of an introductory memorandum 1This draft agenda, addressed to full members of the Committee and their alternates, is the convocation to the meeting Copy to Secretaries of national delegations, of observer and partner for democracy delegations ' ' and of political groups " AS/Soc (2018) OJ 03 5. Changes in Sub-Committees [List of the Sub-Committees] Tuesday, 24 April 2018, from 2 to 3.30 pm [Room 71 6. Climate change and implementation of the Paris Agreement Rapporteur: Lord John Prescott, United Kingdom, SOC [Doc ... , amendments] Consideration of amendments 7. Sub-Committee on the Europe Prize -/ Report by the Chairperson of the Sub-Committee on its meeting in Strasbourg on 24 April 2018 -/ Approval of the proposals submitted by the Sub-Committee for the different prizes 8. Children's mental health and child-friendly justice Follow-up to the Parliamentary Seminar on "Children's mental health and child-friendly justice" organised by the UK parliament in co-operation with the Sub-Committee on children held in London on 6-7 November 2017: -/ Presentation of the report by Baroness Doreen Massey, Chairperson of the Sub-Committee -/ Statement by Mr Michele Nicoletti, President of the Parliamentary Assembly (to be confirmed) -/ Hearing with the participation of: o Ms Maryam Bi, YoungMinds, United Kingdom o Mr Victor Azubuike, Student, University of Warwick, United Kingdom o Ms Stella Kyriakides, former President of the Parliamentary Assembly o Ms Regina Jensdottir, Head of the Children's Rights Division of the Council of Europe Wednesday. 25 Apri/2018, from 2 to 3.30 pm (Room 71 9. The treatment of Palestinian minors in the Israeli justice system Rapporteur: Ms Liliane Maury Pasquier, Switzerland, SOC [AS/Soc (2018) 17] Consideration of a draft report and adoption of a draft resolution 10. Committee's work programme and priorities [AS/Soc (2018) 10rev, AS/Soc (2018) 01rev2, AS/Soc (2018) 02rev2] 10.1. Committee's priorities in view of the budgetary situation: Exchange of views 10.2. Appointment of Committee representatives to external events: 10.3. Reports from Committee representatives to external events: -/ 41h Meeting of the Ad hoc Committee for the Rights of the Child (CAHENF), 21-23 March 2018, Strasbourg, France: Lord Don Touhig (United Kingdom, SOC); -/ 1381h Assembly of the Inter-Parliamentary Union, Interactive session on Sustainable Development Goals, 27 March 2018, Geneva, Switzerland: Ms Jennifer de Temmerman (France, NR); -/ 341h Session of the Congress of Local and Regional Authorities of the Council of Europe, 27-28 March 2018, Strasbourg, France: Mr Luis Leite Ramos (Portugal, EPP/CD). \' 2 AS/Soc (2018) OJ 03 Thursday, 26 Apri/2018, from 2 to 3.30 pm [Room 77 11. Drug-resistant tuberculosis in Europe Rapporteur: Mr Serhii Kiral, Ukraine, EC [Doc ... , amendments] Consideration of amendments 12. The role of national authorities in successful decentralisation processes Rapporteur: Mr Luis Leite Ramos, Portugal, EPPICD [AS/Soc (2018) 18] -/ Consideration of a preliminary draft report -/ Exchange of views with experts 13. Nuclear safety and security in Europe Rapporteur: Ms Emine Nur GOnay, Turkey, EC [AS/Soc (2018) 15] -/ Statement by the Rapporteur on her fact-finding visit to the Nuclear Energy Agency (NEA) -/ Consideration of a preliminary draft report 14. Other business I National developments I 15. Date and place of next meetings i Plenary committee: L Third part-session 2018 of the Assembly, 25-29 June 2018, Strasbourg; Monday 17 September and Tuesday 18 September 2018, Lisbon (Portugal); Fourth part-session 2018 of the Assembly, 8-12 October 2018, Strasbourg; Tuesday 4 December 2018, Paris (Council of Europe Office). t' ' I ~' " i L 3 Parliamentary Assembly Assemblee parlementaire t~~ ~~~ dilli1lllli1!!i!'illliik·~~~~~~mgmgmgmgmg~~~~ED~--~~EEEm •~· " CONSEIL DE tEUROPE AS/Mig (2018) OJ 03 REV 2 21 April 2018 amoj03 REV 2_2018 Committee on Migration, Refugees and Displaced Persons Revised draft agenda 2 of the meeting to be held in Strasbourg on - Monday, 23 April 2018, from 2.00 to 3.00 pm (Room 8) - Tuesday 24 April 2018, from 2.00 to 3.30 pm (Room 8) - Wednesday, 25 April2018, from 2.00 to 3.00 pm (Room 8) I - Thursday, 26 April 2018, from 2.00 to 3.30 pm (Room 8) r Sub-Committee meetings are foreseen for Wednesday. 25 April (Room 8) as follows: i Sub-Committee on Integration: from 3.00 to 3.10 pm Sub-Committee on Diasporas from 3.10 to 3.30 pm 1. Agenda [AS/Mig (2018) OJ 03 REV 2] Adoption of the agenda 2. Minutes .' [AS/Mig (2018) PV 02] Approval of the draft minutes of the meeting held in Amman (Jordan) on 21 and 22 March 2018 ' ' 3. Statement by the Chair of the Committee [AS/Bur/CB (2018) 04] This draft agenda, addressed to full members of the Committee and their alternates, is the convocation to the meeting Copy to secretaries of delegations and political groups .' Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe.int/extranet. I' AS/Mig (2018) OJ 03 REV 2 4. The situation in Libya: prospects and role of the Council of Europe Rapporteur for opinion: Ms Tineke Strik (Netherlands, SOC) [Doc. 14519] [AS/Mig (2018) 13] Consideration and approval of an opinion 5. Joint hearing on two reports: [report of GRETA] Refugees and migrants as an easy target for trafficking and exploitation Rapporteur: Mr Cezar-Fiorin Preda, Romania, EPPICD [AS/Mig (2017) 20] Missing refugee and migrant children in Europe Rapporteur: Ms Serap Ya§ar, Turkey, EC [AS/Mig (2018) 09] Consideration of an introductory memorandum on "Missing refugee and migrant children in Europe" Exchange of views with the participation of: .f Mr Markus Lehner, Secretariat of the Council of Europe Convention on Action against Trafficking in Human Beings (GRETA) Ms Federica Toscano, Project Officer, Missing Children Europe NGO, Brussels (via video conference) 6. Priorities of the Committee in 2018 [AS/Migllnf (2018) 07 REV 2- replies to the questionnaire] Views on the national priorities in the area of migration and refugees 7. Statement by Ms Cecilia Jimenez-Damary, UN Special Rapporteur on the Human Rights of Internally Displaced Persons Exchange of views B. Human rights impact of the "external dimension" of European Union asylum and migration policy: out of sight, out of rights? Rapporteur: Ms Tineke Strik, Netherlands, SOC [AS/Mig (2018) 14] Consideration of a preliminary draft report Exchange of views with Ms Gauri van Gulik, Amnesty International Director for Europe 2 AS/Mig (2018) OJ 03 REV 2 9. The humanitarian situation of refugees in the countries neighbouring Syria Rapporteur: Mr Manlio DiStefano, Italy, NR [AS/Mig (2018) 07] Consideration of a preliminary draft report Exchange of views with: v" Mr Erkan Doganay, Head of the Intervention Department of AFAD (Disaster and Emergency Management Authority), Turkey Ms Seniha <;etinel, Migration Expert, AFAD, Turkey 10. A legal status for "climate refugees" Rapporteur: Ms Marie-Christine Verdier-Jouclas, France, NR [AS/Mig (2018) 12] i. Consideration of an introductory memorandum I 11. Humanitarian needs and rights of internally displaced persons in Europe Rapporteur: Mr Killion Munyama, Poland, EPP/CD [Doc. 14527] [Amendments to Doc. 14527] •• Consideration of possible amendments tabled to the draft resolution and the draft recommendation [Assembly debate: Wednesday 25 April 2018 afternoon] [Deadline for tabling amendments: Tuesday 24 April at 4.00 pm] 12. The legal and practical requirements for extra-territorial processing of asylum claims Rapporteur: Mr Domagoj Hajdukov/6, Croatia, SOC [AS/Mig (2018) 11] Consideration of a preliminary draft report " 13. Blockchain as an opportunity in the context of migration [AS/Mig/lnf (2018) 10] " Exchange of views with Mr James Song, CEO of ExsuiCoin Consideration and adoption of a draft motion for a resolution on the topic to be tabled on behalf of the Committee 14. Defining guidelines for international NGOs Rapporteur: Ms Daphne Dumery, Belgium, NR [AS/Mig (2018) 10] Consideration of an introductory memorandum I ' 3 '' AS/Mig (2018) OJ 03 REV 2 ,Th1,1rsday, 26 April 2018 (2.00 to 3.30 pm) 15. Integration, empowerment and protection of migrant children through compulsory education Rapporteur: Ms Petra De Sutter, Belgium, SOC [Doc. 14524] [Amendments to Doc. 14524] Consideration of possible amendments tabled to the draft resolution [Assembly debate: Friday 27 April 2018] [Deadline for tabling amendments: Thursday 26 April at 10.30 am] 16. UN Global Compact for migration [Comments by the SRSG] Exchange of views with: ./ Mr Eduard Gnesa, former Ambassador for international migration, Chair of the Expert group to the Global Forum on Migration and Development ./ Ambassador Tomas Bocek, Special Representative of the Secretary General on migration and refugees 17. Sub-Committee on Diasporas Statement by the Chairperson of the Sub-Committee on the meetings held in Strasbourg on 24 January, in Rabat (Morocco) on 8 February and in Strasbourg on 25 April 2018 18. Parliamentary Network on Diaspora Policies [AS/Mig (2018) 15] Statement by the Coordinator, Mr Andrea Rigoni (Italy, ALOE) on the next meeting of the Sub Committee on Diasporas in the context of the Annual Diaspora Forum in Geneva (18 May 2018), subject to the authorisation by the Bureau 19. Radicalisation of migrants and diaspora communities in Europe Rapporteur: Ms Sahiba Gafarova, Azerbaijan, EC [AS/Mig (2018) 08] Consideration of a preliminary draft report and exchange of views with Ms Karin Heremans, Ran Network (Radicalisation Awareness Network), European Commission 20. Sub-Committee on Integration Statement by the Chairperson of the Sub-Committee on the meeting held in Strasbourg on 25 April 2018 21. Sub-Committee on Refugee and Migrant Children and Young People Statement by the Vice-Chairperson of the Sub-Committee on the joint meeting with the Sub Committee on Culture, Diversity and Heritage held in London on 26 March 2018 4 AS/Mig (2018) OJ 03 REV 2 22. Recommendation 2108 (2017) on "A comprehensive humanitarian and political response to the migration and refugee crisis and the continuing flows into Europe" (Rapporteur: Mr Duarte Marques, Portugal, EPP/CD) and Recommendation 2109 (2017) on "Migration as an opportunity for European Development" (rapporteur: Mr Andrea Rigoni, Italy, ALOE) [Rec. 2108 (2017)] [Rec 2109 (2017)] [Doc. 14456] Consideration of the joint reply from the Committee of Ministers to Recommendation 2108 (2017) and Recommendation 2109 (2017) 23. Vaclav Havel Prize Call for nominations for the 2018 Vaclav Havel Human Rights Prize 24. Work programme [AS/MigNVP (2018) 03] Appointment of rapporteurs for reports i. Concerted action on human trafficking [Doc. 144 78] Violence and discrimination against religious minorities in refugee camps across Europe t· [Doc. 14429] '. Investment migration: trends, advantages, standards (subject to the referral of the motion to the Committee for report by the Assembly) [Doc. 14441] •• 25. Representation of the Committee at various events Statement 91" Meeting of the Committee of experts on administrative detention of migrants (CJ-DAM), 21-23 February 2018, Paris: statement by Ms Tineke Strik (Netherlands, SOC) 26. Composition of the Sub-Committees [AS/Mig/List (2018) 03] ., Possible modifications of the composition of the Sub-Committees 27. Free debate " 28. Other business 29. Next meetings • Paris, 4 June 2018 • Strasbourg, during the 3rd part-session 2018 (25-29 June) • Paris, 21 September 2018 • Strasbourg, during the 4th part-session 2018 (8-12 October) • Paris, 5 December 2018 Other • Geneva (Switzerland), 18 May 2018, meeting of the Sub-Committee on Diasporas in the context of the Annual Diaspora Forum, subject to the authorisation by the Bureau " 5 Parliamentary Assembly Assemblee parlementaire t~~ ~~~ d'im1lif~!l~lii~~~~mBBRBRU&EBBRmBmBmBmBRBBBBBB&mBREmBU&-. AS/Cult (2018) OJ 03rev 13 April 2018 AAC OJ03rev_18 Committee on Culture, Science, Education and Media Draft agenda of the meeting to be held in Strasbourg, Palais de !'Europe, on: Tuesday 24 April 2018 from 8.30 am to 10 am (Room 6) Tuesday 24 April 2018 from 2 pm to 3.30 pm (Room 6) Thursday 26 April2018 from 8.30 am to 10 am (Room 7) Thursday 26 April2018 from 2 pm to 3.30 pm (Room 6) l' Please note: ' Monday 23 April 2018 from 2 pm to 3 pm {Room 6): Meeting of the Sub-committee on education, youth and sport Tuesday 24 April2018 at 8.30 pm: Presentation ceremony of the Council of Europe Museum Prize 2018 (Palais Rohan, 2 Place du Chateau, Strasbourg- bus transport will be provided at 8.15 pm from the Palais de •• I' Europe) Tuesday 24 April 2018 from 8.30 am to 10 am (Room 6) 1. Agenda [AS/Cult (2018) OJ 03rev] Adoption of the agenda for the meeting ,, 2. Minutes [AS/Cult (2018) PV 02] Approval of the minutes of the meeting held in Paris on 22 March 2018; matters arising from the minutes " 3. Legal challenges related to the hybrid war and human rights obligations Rapporteur for opinion: Mr Volodymyr Ariev, Ukraine, EPPICD Rapporteur AS/Jur: Mr Boriss Cilevics, Latvia, SOC [AS/Cult(2018) 13; Doc.14523] Adoption of a draft opinion of the committee This draft agenda, addressed to members of the Committee and their alternates, is the convocation to the meeting Copy to Secretaries of delegations and political groups '' Meeting documents will be published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe.int/extranet. " AS/Cult (2018) OJ 03rev 4. Deliberate destruction and illegal trafficking of cultural heritage Rapporteur: Mr Stefan Schennach. Austria, SOC [AS/Cult (2018) 14] Adoption of a draft resolution and draft recommendation and approval of a report. 5. Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the "Cairo Declaration"? Rapporteur for opinion: Mr Johan Nissinen, Sweden, NR Rapporteur AS/Jur: Mr Antonio Gutierrez, Spain, SOC [AS/Cult (2018) 15] Preliminary discussion 6. References to the committee and appointment of rapporteurs' [AS/Cult/In! (2018) 01 bii-April] Appointment of rapporteurs following references for rapport: Towards a system of monitoring and regulation to counter misinformation in and manipulation by social media (Doc. 14458) Jewish cultural heritage preservation (Doc. 14477) Tuesday 24 April 2018 from 2 pm to 3.30 pm (Room 6) 7. The protection of editorial integrity Rapporteur: Mr Volodymyr Ariev, Ukraine, EPPICD [Doc.14526] Debate in the Assembly: Wednesday 25 April, morning and afternoon (tbc) Deadline for amendments: Tuesday 24 April at 10.30 am (tbc) Consideration of amendments of the draft resolution 8. The status of journalists in Europe Rapporteur: Ms Elvira Drobinski-Weiss, Germany, SOC Rapporteur for opinion AS/Jur: Ms Thorhildur Sunna 1Eversd6ttir, Iceland, SOC [Doc. 14505 ; Doc ....] Debate in the Assembly: Wednesday 25 April, morning and afternoon (tbc) Deadline for amendments: Tuesday 24 April at 10.30 (tbc) Consideration of amendments of the draft resolution 9. Museum Prize of the Council of Europe Rapporteur: Ms Adele Gambaro, Italy, FOG Exchange of views with the participation of: Ms Jette Sandahl, Chairperson of the European Museum Forum (EMF) Ms Amina Krvavac, Executive Director, and Mr Jasminko Halilovi6, Founder and Director of the War Childhood Museum, Sarajevo, Bosnia and Herzegovina, winner of the Council of Europe Museum Prize 2018 1 This item may be taken at any time 2 AS/Cult (2018) OJ 03rev Thursday 26 April2018 from 8.30 am to 10 am !Room 7) 10. The value of cultural heritage in a democratic society' Rapporteur: Alexander [the Earl of] Dundee, United Kingdom, EC [AS/Cult (2018) 16] Consideration of an introductory memorandum 11. Education and culture: new partnerships to support personal development and cohesion Rapporteur: Mr Mogens Jensen, Denmark, SOC Exchange of views with the participation of Ms Joan Parr, Head of Creative Learning, Creative Scotland, Edinburgh Thursday 26 April 2018 from 2 pm to 3.30 pm (Room 6) 12. The role of education in the digital era: from "digital natives" to "digital citizens" ' Rapporteur: Mr Constant/nos Efstathiou, Cyprus, SOC [AS/Cult (2018) 17] Consideration of an information memorandum and exchange of views with the participation of !' Mr Villano Qiriazi, Head of Division Education Policy, Education Department, DG II - Directorate of ' Democratic Citizenship and Participation, Council of Europe 13. Membership of sub-committees' [AS/Cult (2018) 02 bil -April] ,. 14. Replies for the Committee of Ministers' 15. Committee work programme' [AS/Cult (2018) 01- April] 15.1. Extension of references 15.2. Reports on recent meetings 15.3. Approval of rapporteurs' fact-finding visits 15.4. Designation of representatives for forthcoming events 15.5. Draft motions of resolutions and recommendations 15.6. Sub-Committees " 16. Other business 17. Next meetings " Paris, 25 May 2018 Strasbourg, 3rd part-session (25-29 June 2018) Tbilisi, 25 September 2018 Strasbourg, 41" part-session (8-12 October 2018) Paris, 6-7 December 2018 2 This item may be taken at any time " 3 ~ Parliamentary Assembly ~~ Assemblee parlementaire ~~ - _ dnmPI~''ll!fi.illlil'!i'liliilllllllllllllll!llllllll!lilllllilllllilllllllllllllillllllllllll-illilllllllllillilllllllllillillillillillillillill- AS/Ega (2018) OJ 03 22 March 2018 Committee on Equality and Non-Discrimination Draft agenda of the meeting to be held in Strasbourg on Monday 23 April2018, from 2 to 3 pm, room 3 Tuesday 24 April 2018, from 2 to 3.30 pm, room 3 ' Thursday 26 April2018, from 8.30 to 10 am, room 3 [Meeting of the sub-committee on Disability, Multiple and Intersectional Discrimination: Tuesday 24 April2018, from 8.30 to 10 am, room 3 Meeting of the sub-committee on the Rights of Minorities: Wednesday 25 April 2018, from 2 to 3.30 pm, room 3] Monday 23 April 2018, from 2 to 3 pm, room 3 1. Agenda H [AS/Ega (2018} OJ 03] Adoption of the draft agenda. 2. Election of the Bureau of the Committee .. [List of members of the Committee] Election of the 2nd Vice-Chairperson. " 3. Minutes [AS/Ega (2018) PV 02 and addendum] Approval of the draft minutes of the meeting of the committee held in Copenhagen on 1 March 2018; approval and declassification of the draft minutes of the Conference on Private and family life for LGBTI people held in Copenhagen on 2 March 2018. This draft agenda, addressed to full members of the Committee and their alternates, is the convocation to the meeting Copy to secretaries of delegations and political groups Meeting documents are published on PACE extranei website (restricted area for PACE Members) ' ' when they become available: http://assemblv.coe.int/extranet ' ' AS/Ega (2018) OJ 03 4. Detainees with severe disabilities in Europe Rapporteur: Mr Manuel Tornare (Switzerland, SOC) [AS/Ega (2018) ... ] Consideration and approval of a draft report, adoption of a draft resolution and a draft recommendation. 5. Promoting diversity and equality in politic Rapporteur: Mr Killion Munyama (Poland, EPPICD) [AS/Ega (2018) ... ] Consideration and approval of a draft report, adoption of a draft resolution. 6. Information on forthcoming events Men as agents of change for gender equality, "Barbershop" event sponsored by Ms Rosa Bjork Brynj61fsd6ttir, Chairperson of the Icelandic Delegation, Thursday 26 April 2018, 1pm-2pm, Room 5, [programme]; Vaclav Havel Human Rights Prize, 2018 edition. The deadline for submission of applications is 30 April 2018. Forms and regulations are available on the prize website. 7. New! Information on recent Council of Europe documents and resources Council of Europe webpage on gender mainstreaming: https://www.coe.int/en/web/genderequality/gender-mainstreaming Council of Europe Gender Equality Strategy 2018-2023, adopted by the Committee of Ministers on 7 March 2018: https ://rm .coe. int/ge-strategy-20 18-2023/1680791246 No Hate Action Page https://www.coe.inUen/web/human-rights-channel/-/no-hate Tuesday 24 April 2018, from 2 to 3.30 pm, room 3 8. Alleged extreme discrimination·and crimes against homosexuals in the Chechen Republic (Russian Federation) Rapporteur: Mr Piet de Bruyn (Belgium, NR) [AS/Ega (2018) ... ] [Letters] Hearing (speakers to be confirmed} Consideration of a preliminary draft report. 9. Forced marriage in Europe Rapporteur: Ms Beatrice Fresko-Rolfo (Monaco, EPPICD) [AS/Ega (2018) ... ] Consideration of a preliminary draft report. 2 AS/Ega (2018) OJ 03 10. Migration from a gender perspective: empowering women as key actors for integration Rapporteur: Ms Gabriela Heinrich (Germany, SOC) [AS/Ega (2018) ... ] Consideration of a preliminary draft report. 11. Private and family life: achieving equality regardless of sexual orientation Rapporteur: Mr Jonas Gunnarsson (Sweden, SOC) [AS/Ega (2018) ... ] Consideration of an information memorandum. 12. For a disability-inclusive workforce Rapporteur: Mr Adao Silva (Portugal, EPP/CD) [AS/Ega (2018) ... ] Consideration of an information memorandum. Thursday 26 April2018, from 8.30 to 10 am, room 3 I 13. Promoting the rights of persons belonging to national minorities Rapporteur: Mr Viorel Riceard Badea (Romania, EPP/CD) [AS/Ega (2018) ... ] Consideration of an introductory memorandum. 14. Work programme [AS/Ega/lnf (2018) 01 rev.2; AS/Ega (2018) ... ] i. Consideration of the Work Programme ii. Appointment of a rapporteur for report on: - Russian racial discrimination of Crimean Tatars in Crimea, motion for a resolution tabled by Ms Kerstin Lundgren (Sweden, ALOE) and other members of the Assembly [Doc. 14262] .' iii. Appointment of rapporteurs for opinion on: Compatibility of Sharia law with the European Convention on Human Rights: can States .' Parties to the Convention be signatories of the "Cairo Declaration"?, motion for a resolution tabled by Mr Pieter Omtzigt (Netherlands, EPP/CD) and other members of the Assembly; [Doc. 13965] - Concerted action on human trafficking, motion for a resolution tabled by Mr Vernon Croaker (United Kingdom, SOC) and other members of the Assembly [Doc. 14478] 15. Appointment of representatives (subject to the availability of funds) [ ... ; CAHROM (2018) 4 prov.] - Invitation to Ms Elvira Kovacs (Serbia, EPP/CD) to participate in the Conference to launch the Council of Europe Gender Equality Strategy 2018-2023: "Gender Equality: the long road ahead", Copenhagen, 3-4 May 2018; Invitation to participate in the 151h Plenary meeting of the Ad hoc Committee of Experts on Roma and Traveller Issues (CAHROM), Athens, 22-25 May 2018. '' " 3 AS/Ega (2018) OJ 03 16. Reporting back Ms GOlsOn Bilgehan (Turkey, SOC), in her capacity as General Rapporteur on violence against women, on her participation at the meeting of the Inter-parliamentary Committee of the European Parliament on the theme of "Empowering women and girls in media and ICT: key for the future" held in Brussels on 8 March 2018; Mr David Davies (United Kingdom, EC) on his participation in the 75th meeting of the European Commission against Racism and Intolerance (ECRI) held in Strasbourg on 21-23 March 2018; Ms Gabriella Heinrich (Germany, SOC) on her participation in The Evaluation and Closing Conference of the No Hate Speech Movement youth campaign, held on 10-12 April 2018 at the European Youth Centre, Strasbourg. 17. Other business 18. Next meetings of the Committee Paris, 23 May 2018 5 June 2018 (Council of Europe Office); Strasbourg, during the 3rd part-session 2018 of the Assembly (25-29 June); Paris, 19 September 2018 (Council of Europe Office); Strasbourg, during the 4th part-session 2018 of the Assembly (8-12 October); Paris, 3 December 2018 (Council of Europe Office). 4 Parliamentary Assembly Assemblee parlementaire ~ t'-" -:>"5) ) _;.),/_/ ./ ./ ~~- .. r4'Fill"!B/~&h10ti4§ii\·~~mm~mBGBBBBBBBBBBBBBBBBBaBggBaaRBBBBBBBBE&~ AS/Mon (2018) OJ 03 3 April2018 amonoj03_2018 Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Draft agenda for the meeting to be held in camera in Strasbourg on -Tuesday 24 April2018 from 8.30 am to 10 am (room 11) I -Wednesday 25 April 2018 from 2.00 pm to 3.30 pm (room 11) I. -Thursday 26 April2018 from 8.30 am to 10.00 am (room 11) Tuesday 24 April2018 from 8.30 am to 10 am (room 11) !' 1. Draft agenda [AS/Man (2018) OJ 03] Adoption of the draft agenda. 2. Draft minutes [AS/Man (2018) PV 02] Approval of the draft minutes of the meeting held in Paris on 13 March 2018. 3. Ukraine r ! Co-rapporteurs: Mr Eerik-Niiles Kross, Estonia, ALOE and ... • Appointment of a co-rapporteur to replace Mr Axel Fischer (Germany, EPP/CD); • Report by the co-rapporteur on his fact-finding visit to Kyiv (19-21 March 2018) . 4. Preliminary draft periodic review reports on countries not under the monitoring procedure stricto sensu or engaged-in a post-monitoring dialogue Rapporteur ex officio: Sir Roger Gale, United Kingdom, EC [AS/Mon(2018) 05] '' Consideration of a preliminary draft periodic review report on Italy. This draft agenda, addressed to members of the Committee, is the convocation to the meeting. It also constitutes the invitations foreseen in Resolution 1115 (1997), paragraph 10.' Copy to Secretaries of national delegations and of political groups Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe.int/extranet. 1 Resolution 1115, paragraph 10: "When a monitoring procedure is initiated, two members of the parliamentary delegation of the member state concerned (to represent the governing majority and the opposition) shall be invited to take part, without the right to vote, in the relevant debates of the committee unless one or both are already represented on the committee. By analogy with Rule 6, paragraph 8, no member of the parliamentary delegation of the member state concerned shall participate in a vote on any question concerning this state." " AS!Mon(2018)0J03 Wednesday 25 April2018 from 2.00 pm to 3.30 pm (room 11) 5. Romania Exchange of views on recent reforms of the judiciary, including in the context of the fight against corruption. 6. Russian Federation Co-rapporteurs: Ms Liliane Maury Pasquier, Switzerland, SOC and ... Appointment of a co-rapporteur to replace Ms Theodora Bakoyannis (Greece, EPP/CD). Thursday 26 April2018 from 8.30 am to 10.00 am (room 11) 7. Turkey Co-rapporteurs: Ms Marianne Mikko, Estonia, SOC and Mr Nigel Evans, United Kingdom, EC Report by the co-rapporteurs on their fact finding visit to Ankara and Istanbul (28-30 March 2018). 8. Republic of Moldova Co-rapporteurs: Mr Egidijus Vareikis, Lithuania, EPPICD, and Ms Maryvonne Blondin, France, SOC Report by the co-rapporteurs on their fact finding visit to Chisinau and Com rat (3-5 April 2018). 9. Council for Democratic Elections (Venice Commission) Appointment of a substitute to represent the committee at the Council for Democratic Elections for the year 2018. 10. Authorisation offact-finding visits 11. Other business Information documents: State of procedures [AS/Mon/lnf(2018)05] Work programme [ASIMon/lnf(2018)06] 12. Next meetings Paris, 30 May 2018 (to be confirmed); Strasbourg, 25-29 June 2018 (during the Assembly part-session). 2 fii'YI-1vhc C · lLJ?-- Parliamentary Assembly COUNCIL OF EUROPE ~~ Assemblee parlementaire ~~ ~==::-~1~1/!&;t;iGil'l""'!llil"llllll!lllllllllllllllilllillllllli!lilll_iillili_ililllll!lmlillllllllllllilllllllllll!ili1lliH!iililiiiiiliiiilll CONSEIL DE LEUROPE BUREAU OF THE ASSEMBLY AS/Bur/CB (2018) 04 22 April 2018 To the Members of the Assembly Synopsis of the meeting held in Strasbourg on 22 April 2018 The Bureau of the Assembly, meeting on Sunday 22 April 2018 in Strasbourg with Mr Michele Nicoletti, President of the Assembly, in the Chair, as regards: Independent external investigation body on the allegations of corruption within the Assembly: received the report of the Investigation body and held an exchange of views in camera with its members: Sir Nicolas Bratza (United Kingdom), former President of the European Court of Human Rights I Mr Jean-Louis Bruguiere (France), former judge in charge of investigations in particular on cases related to terrorism, expert with international organisations and states on anti-terrorism issues Ms Elisabet Fura (Sweden), former parliamentary Ombudsman of Sweden, former Judge at the European Court of Human Rights Actions by the Bureau in response to the report of the investigation body: held a discussion and '' decided to: invite the current and former members of the Assembly whose behavior has been found by the investigation body as unethical or in violation of the Assembly's code of conduct, or who have refused to co-operate with the investigation body, to suspend all their activities within the Assembly with immediate effect; invite the Committee on Rules of Procedure, Immunities and Institutional Affairs to consider further possible actions; invite the Committee on Rules of Procedure, Immunities and Institutional Affairs to ensure proper follow-up to the recommendations for the Assembly's ethical framework made in the report; ' ' Date and place of the next meeting: Monday 23 April 2018, Strasbourg, at 8.00 am. lsild Heurtin ' ' Copy to: Secretary General of the Parliamentary Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe I ' ' ' lLJ?-- . Parliamentary Assembly tffL~ Assemblee parlementaire ~~ ~~~ 4iiD'i'IJI~i1Mi.lg81U·~~~mmm...... CONSEJL DE ~EUROPE BUREAU OF THE ASSEMBLY AS/Bur/CB (2018) 05 23 April2018 To the Members of the Assembly Synopsis of the meeting held in Strasbourg on 23 April 2018 I The Bureau of the Assembly, meeting on Monday 23 April 2018 in Strasbourg with Mr Michele Nicoletti, President of the Assembly, in the Chair, as regards: Communication: took note of the communication by the President of the Assembly; r I Second part-session of 2018 (Strasbourg, 23-27 April): L Request for debate under urgent procedure: took note of the withdrawal of the request tabled by Mr Akif Qagatay Kili9 (Turl took note of the request tabled by the Unified European Left (UEL) and decided to recommend to the Assembly to hold a debate under urgent procedure on Copenhagen Declaration, appreciation and follow-up and to refer the matter to the Committee on Legal Affairs and Human Rights; took note of the request tabled by Sir Roger Gale (United Kingdom, EC), and 19 members of the Assembly, and decided to recommend to the Assembly not to hold a debate under urgent procedure on Member States' respect for international rules-based agreements and principles in ' ' the context of the interventions by the Russian Federation in Ukraine, Georgia, Moldova and most recently in the United Kingdom and of a further recent transgression of international law by the regime in Syria and its sponsors and, should the Assembly decide otherwise, to refer the matter to the Committee on Political Affairs and Democracy; ' ' took note of the request tabled by the Socialists, Democrats and Greens Group (SOC) and decided to recommend to the Assembly to hold a debate under urgent procedure on the Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly and to refer the matter to the Committee on Rules of Procedure, Immunities and Institutional Affairs; ii. Requests for current affairs debates: took note of the request of the Ukrainian delegation and decided to recommend to the Assembly not to hold a current affairs debate on Illegal election of the President of the Russian Federation on the temporarily occupied territory of the Autonomous Republic of Crimea: a human rights violation; took note of the request of the Icelandic delegation and decided to recommend to the Assembly to hold a current affairs debate on Europe ·s Role in Peace Making Initiatives in Syria and appointed .' Ms R6sa Bjork Brynj61fsd6ttir (Iceland, UEL) as the first speaker; '' ASIBuriCB (2018) 05 iii. Draft agenda: updated the draft agenda; iv. Election of judges to the European Court of Human Rights: took note of the report drawn up by the Committee on the Election of Judges following interviews with candidates for the post of a judge in respect of Montenegro; Elections observation: i. Azerbaijan: presidential election (11 April 2018): took note of the statement of the observation mission; ii. Montenegro: presidential election (15 April 2018): took note of the statement of the observation mission; iii. Turkey: early presidential and parliamentary elections (24 June 2018): subject to receiving an invitation, decided to observe this election and constituted an ad hoc committee for this purpose composed of 31 members (EPPICD-10; SOC-10; EC-5; ALDE-3; UEL-2; FDG-1), as well as of the 2 co-rapporteurs of the Monitoring Committee, and to conduct a pre-electoral mission; Progress report of the Bureau of the Assembly and of the Standing Committee (26 January- 21 April 2018) (Rapporteur: Ms Liliane Maury Pasquier (Switzerland, SOC)): approved the Progress report; Composition of the Committee on Rules of Procedure, Immunities and Institutional Affairs: on the basis of a proposal by the UEL Group, nominated Mr Nikolaj Villumsen, Denmark, subject to ratification by the Assembly; Resolution 1376 (2004) relating to Cyprus: took note of the letter from one of the Turkish Cypriot political parties (the National Unity Party) informing the President of the Assembly of the name of one of the "elected representatives of the Turkish Cypriot community" entitled to sit in the Assembly in 2018, namely Mr Ham sa Ersan Saner, subject to ratification by the Assembly; Date and place of the next meeting: Friday 27 April 2018, Strasbourg, at 8.30 am. lsild Heurtin, Angela Garabagiu Copy to: Secretary General of the Parliamentary Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 2 I Parliamentary Assembly Assemblee parlementaire t~~~~ •~~~lil--"mnml'Jroll!!rm£· ·il!JIIll,illi!llll ______CONSEIL DE lEUROPE Bureau of the Assembly AS/Bur/MR-PA/CB (2018) 03 27 April 2018 Ad hoc Committee on The role and mission of the Parliamentary Assembly Synopsis of the meeting held in Strasbourg on 26 April 2018 The Ad hoc Committee of the Bureau, meeting on Thursday, 26 April 2018, in Strasbourg with Mr Michele r Nicoletti, President of the Assembly, in the Chair, as regards: i Consideration of a Memorandum prepared by the Chairperson: • heard a statement by the Chairperson; ,, • took note of the contributions from Belgium and Switzerland, as well as from the ALDE and SOC groups; • held an exchange of views on the basis of the memorandum prepared by the Chairperson and; r • agreed to invite the participants to submit any additional comments on issues raised in the memorandum, in writing before 15 May 2018. Date and place of next meetings . 1 June 2018 (2.30 pm), in Zagreb . During the 3'' part-session (25-29 June 2018), in Strasbourg '' Despina Chatzivassiliou, lsild Heurtin Copy to: Secretary General of the Parliamentary Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers I ' Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication f ' )ff67Q75 ~!ffisb'o!/rg~flli [assArribly@!co\!.ih! i f~: +33 366 ~q;oqq I .fax: +33 38P41 2716 lLL?-- Parliamentary Assembly ttfl~ Assemblee parlementaire ~~~ di'tiUPi~':e!'AS!!ll•i!!J¥!11lllhi ______CONSEIL DE ~EUROPE SECRETARIAT AS/Pol (201 B) CB 03 27 April 2018 To the members of the Committee on Political Affairs and Democracy Synopsis of the meetings held in Strasbourg from 23 to 25 April2018 I The Committee on Political Affairs and Democracy, meeting in Strasbourg from 23 to 25 April 2018, with Ms Ria Oomen-Ruijten (Netherlands, EPP/CD) in the Chair: !' Monday 23 April2018. 14:00-15:00, room 9, as regards: : Strengthening co-operation with the United Nations (Rapporteur: Mr Adao Silva, Portugal, EPPICD): held an exchange of views with the participation of Ms Marja Ruotanen, Director of Human Dignity, Equality and Sport Values, Directorate General of Democracy of the Council of Europe, and Mr Jiri Vagi, Head of the Department of Relations with International Organisations and Non-Member States, Directorate of External Relations of the Council of Europe; Implementation of budgetary savings within the Assembly following the decisions by the Bureau: held an exchange of views with Mr Wojciech Sawicki, Secretary General of the Assembly; Tuesday 24 April 2018, 14:00- 15:30, room 9, as regards: The situation in Libya: prospects and role of the Council of Europe (Rapporteur: Mr Atti/a Korodi, Romania, EPPICD): approved 2 amendments to the draft resolution proposed by the Rapporteur and asked its Chairperson to table them in the name of the Committee; ' ' Funding of the terrorist group Daesh: lessons learned (Rapporteur: Mr Phil Wilson, United Kingdom, SOC): took position on the 4 amendments to the draft resolution; Counter-narratives to terrorism (Rapporteur for opinion: Mr Jordi Xucla, Spain, ALOE): in the absence of the Rapporteur, considered and approved an opinion, including 7 amendments to the draft resolution and 1 amendment to the draft recommendation; Democracy hacked? How to respond? (Rapporteur: Mr Frithjof Schmidt, Germany, SOC): heard a statement by the Rapporteur, followed by an exchange of views; The situation in Kosovo* (Rapporteur: Mr Jordi Roca, Spain, EPPICD): heard a statement by the Chairperson on recent developments, followed by an exchange of views with the participation of the delegations of Serbia and of the Assembly of Kosovo; *Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understood in I ' full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo. This document is available on the Parliamentary Assembly Extranet website (restricted area for PACE Members) http ://assembly. coe. inti extranet. .' F:.,:-67075 SliaSt>.bufd CeO;ex 'f aSserhbty@ccl&.-irli J t~: f 33'3 88 41. -?!:(do J:"-ff8X:-+33 3$ 41 27 33 ' ' AS/Pol (2018) CB 03 Work programme: • took note of the declaration of absence of conflict of interest by Mr Ervin Bushati (Albania, SOC), Rapporteur on The activities of the Organisation for Economic Co-operation and Development (OECD) in 2018-2019, • called for candidates for report on Strengthening parliamentary dialogue with Algeria, and took note that members may put forward their candidature until the appointment which will take place during the June 2018 part-session, • further to the invitation from the Croatian Delegation to the Assembly, decided to set up an ad hoc sub-committee to participate in the conference on Building democratic security in the Mediterranean: Common challenges, Shared responsibility, to take place in Dubrovnik, Croatia, on 6 November 2018, subject to the authorisation of the Bureau of the Assembly, and took note of a preliminary draft programme; • decided to declassify the introductory memorandum (AS/Pol (2018) 04) by Ms Doris Fiala (Switzerland, ALOE) on Assessing political consequences of foreign funding of Islam in Europe; Wednesday 25 Apri12018, 14:00-15:30, room 9. as regards: The situation in Libya: prospects and role of the Council of Europe (Rapporteur: Mr Attila Korodi, Romania, EPP/CD): as regards the draft resolution, took position on 15 amendments, including 1 oral amendment, and approved 1 oral sub-amendment; as regards the draft recommendation, took position on 1 amendment; Follow-up to Resolution 2172 (2017) and Recommendation 2107 (2017) on The situation in Belarus (Former Rapporteur: Mr Andrea Rigoni, Italy, ALOE): held an exchange of views with the participation of Mr Andrei Naumovich, Head of Working group on the Death penalty issues, Chairperson of the Standing Committee on Human rights, national relations and media, House of Representatives of the National Assembly of Belarus; Ms Alena Anisim, member of the Committee on Education, Culture and Science, House of Representatives of the National Assembly of Belarus; and Ms Tatsiana Karatkevich, Chairperson of the Civic Campaign Tell the Truth; Open discussion on current issues: held an exchange of views on the recent Polish law amending the Act on the Institute of National Remembrance with the participation of Ms Aliza Lavie, Chairperson of the Israeli observer delegation to the Assembly, and Mr J6zef Lesniak, member of the Polish delegation to the Assembly; Request for extension of reference: agreed to transmit to the Bureau of the Assembly a request for the extension of the reference on Setting minimum standards for electoral systems in order to offer the basis for free and fair elections until 24 December 2018; Requests for visit authorisations: approved the requests by: • Ms Theodora Bakoyannis (Greece, EPP/CD), Rapporteur on The situation in Syria and its effects upon surrounding countries, to carry out a fact-finding visit to Jordan, in June 2018, in the framework of the preparation of her report, subject to the authorisation of the Bureau of the Assembly and the availability of funds, • Mr Adao Silva (Portugal, EPP/CD), Rapporteur on Strengthening co-operation with the United Nations, to carry out a fact-finding visit to the United Nations in New York, USA, in June 2018, in the framework of the preparation of his report, subject to the authorisation of the Bureau of the Assembly and the availability of funds; Other business: • took note of the call for nominations for the 2018 Vaclav Havel Prize, and of the fact that the deadline for applications was 30 April 2018; 2 AS/Pol (2018) CB 03 • decided to authorise the elected representatives of the Turkish Cypriot community to attend the meetings of the Committee throughout 2018; Next meetings: decided on forthcoming meetings as follows: • Athens, 22 May 2018 • Strasbourg, during the Assembly's 3rd part-session, 25-29 June 2018 • Paris, 11 September 2018 • Strasbourg, during the Assembly's 4th part-session, 8-12 October 2018 • Paris, 13 November 2018 (!be) • Paris, 11 December 2018. ***** The Sub-Committee on the Middle East and the Arab World (of the Committee on Political Affairs and Democracy), meeting in Strasbourg on 24 April 2018 with Ms Kerstin Lundgren (Sweden, ALDE) in the Chair, as regards: A two-State solution in Israel and Palestine (Rapporteur: Mr Titus Corlafean, Romania, SOC): heard a statement by the Rapporteur followed by an exchange of views; r The political transition in Egypt (Rapporteur: Mr Jordi Xuc/a, Spain, ALOE): did not take this item as the Rapporteur had suspended his activities within the Assembly, in light of the Report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly and in line with the decision of the Bureau; The evaluation of the partnership for democracy in respect of the Parliament of Jordan (Rapporteur: Mr Mogens Jensen, Denmark, SOC): heard a statement by the Rapporteur and held an exchange of views with the participation of the Jordanian partner for democracy delegation to the Assembly; Future work: tasked its Chairperson to write to the delegations of Israel, Palestine and Jordan in respect of a possible meeting in the region in September or October 2018; Date and place of the next meeting: left it to the Chairperson to convene its next meeting. .' D. Chatzivassiliou, J. Ary, P. Chevtchenko, S. Arzilli, A. Salanson " cc. Secretary General of the Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe ' ' '' 3 Parliamentary Assembly Assemblee parlementaire iii"'~ :t ~~-~tt!Jlt SECRETARIAT ASIJur (2018) CB 03 27 April 2018 To the members of the Committee on Legal Affairs and Human Rights Synopsis of the meeting held in Strasbourg on 23-26 April 2018 i The Committee on Legal Affairs and Human Rights, meeting in Strasbourg from 23 to 26 April 2018 with Mr Frank Schwabe (Germany, SOC) in the Chair, as regards: r • on Monday 23 April 2018 at 2pm, Appointment of a Rapporteur - debate under urgent procedure on "Copenhagen Declaration, appreciation and follow-up": appointed Ms Thorhildur Sunna .IEversdottir (Iceland, SOC) and heard from her a declaration of absence of conflict of interest: '•• The status ofjournalists in Europe (Rapporteur for opinion: Ms Thorhildur Sunna 1Eversd6ttir, Iceland, SOC) (Rapporteur for the Committee on Culture, Science, Education and Media: Ms Elvira Drobinski Weiss, Germany, SOC): considered a report tabled by the Committee on Culture, Science, Education and Media and considered and approved the Committee's opinion: Appointment of rapporteurs: For report: Daphne Caruana Galizia's assassination and the rule of law, in Malta and beyond: ensuring that the whole truth emerges: appointed Mr Pieter Omtzigt (Netherlands, EPP/CD) and heard from him a .' declaration of absence of conflict of interest; Improving the protection of whistleblowers all over Europe: appointed Mr Sylvain Waserman (France, ALDE) and heard from him a declaration of absence of conflict of interest; " Request for authorisation for fact-finding visits for the following reports: authorised Mr Mart van de Ven (Netherlands, ALDE), Rapporteur for "New challenges in the fight against organised crime and money laundering- the need to improve international co-operation" and Lord Donald Anderson (United Kingdom, SOC), Rapporteur for "Sergei Magnitsky and beyond- fighting impunity by targeted sanctions" to carry out a fact-finding visits, both to London, United Kingdom, on 14 May 2018, subject to the availability of funds; Motion referred to the Committee for information: took note of the motion on "So-called "tax optimisation" and policy, two incompatible concepts" referred to the Committee for information: • on Tuesday 24 April 2018 at 8.30am, Debate under urgent procedure "Copenhagen Declaration, appreciation and follow-up" .' (Rapporteur: Ms Thorhi/dur Sunna 1Eversd6ttir, Iceland, SOC): considered a draft report and adopted a draft recommendation: .' State of emergency: proportionality issues concerning derogations under Article 15 of the European Convention on Human Rights (Rapporteur: Mr Raphael Comte, Switzerland, ALOE): took position on 19 amendments to the draft resolution; Appointment of a Rapporteur for opinion on the report for debate under urgent procedure on "Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly": appointed Ms Olena Sotnyk (Ukraine, ALOE) and heard from her a declaration of absence of conflict of interest; The continuing need to restore human rights and the rule of Jaw in the North Caucasus region, (Rapporteur: Frank Schwabe Germany, SOC): in anticipation of the joint hearing with the Committee on Equality and Non-Discrimination on "Alleged extreme discrimination and crimes against LGBTI people in the Chechen Republic (Russian Federation)", agreed to share the rapporteur's introductory memorandum with members of the Committee on Equality and Non-Discrimination and to open the hearing to the public; The implementation of judgments of the European Court of Human Rights - 10th report (Rapporteur: Mr Evangelos Venizelos, Greece, SOC): held a hearing with the participation of Mr Christos Giakoumopoulos, Director General of Human Rights and Rule of Law of the Council of Europe, Mr Abel de Campos, Section Registrar, Registry of the Court of Human Rights, and Mr Christos Giannopoulos, Doctor of Public Law, Lecturer at the University of Strasbourg, France; • on Tuesday 24 April 2018 at 2.30pm, Alleged extreme discrimination and crimes against LGBTJ people in the Chechen Republic (Russian Federation): held a joint hearing with the Committee on Equality and Non-Discrimination with the participation of Mr Igor Kochetkov, Chairperson of the Russian LGBT Network, Saint Petersburg, and Ms Tanya Lokshina, Russia Programme Director, Human Rights Watch, Moscow, Russian Federation, in the framework of the preparation of the reports on "Alleged extreme discrimination and crimes against LGBTI people in the Chechen Republic (Russian Federation)" (Rapporteur of the Committee on Equality and Non-Discrimination: Mr Pie! de Bruyn, Belgium, NR), and "The continuing need to restore human rights and the rule of law in the North Caucasus region" (Rapporteur of the Committee on Legal Affairs and Human Rights: Mr Frank Schwabe, Germany, SOC); • Wednesday 25 April 2018 at 2pm, Opinion on the report under urgent procedure on the "Follow-up to the report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly" (Rapporteur for opinion: Ms Olena Sotnyk, Ukraine, ALOE), (Rapporteur for the Committee on Rules of Procedure, Immunities and Institutional Affairs: Ms Petra De Sutter, Belgium, SOC): considered a report tabled by the Committee on Rules of Procedure, Immunities and Institutional Affairs and considered and approved the Committee's opinion; Protecting human rights defenders in Council of Europe member States (Rapporteur: Mr Egidijus Vareikis, Lithuania, EPP/CD): held an exchange of views with the participation of Mr Michel Forst, UN Special Rapporteur on the situation of human rights defenders {open to the public); Interference in democratic elections: discussed a possible motion to be presented on behalf of the Committee then agreed to request the Bureau to be seized for an opinion on the report under preparation by the Committee on Political Affairs and Democracy on "Democracy hacked? How to respond?"; • on Thursday 26 April2018 at 8.45am, Debate under urgent procedure "Copenhagen Declaration, appreciation and follow-up" (Rapporteur: Ms Thorhi/dur Sunna 1Eversd6ttir, Iceland, SOC): took note that no amendments had been tabled to the draft recommendation; Fighting organised crime by facilitating the confiscation of illegal assets (Rapporteur: Mr Mart van de Ven, Netherlands, ALOE): took note that no amendments had been tabled to the draft resolution; Legal challenges related to the hybrid war and human rights obligations (Rapporteur: Mr Boriss Cilevics, Latvia, SOC): took position on 6 amendments to the draft resolution and on 3 amendments to ,I .,l the draft recommendation; ··.', 2 Report of the Sub-Committee on the Implementation of the European Court of Human Rights: took note of the report by the Chairperson of the Sub-Committee (Ms Eka Beselia, Georgia, SOC) on the meeting held in Strasbourg on Thursday 26th April 2018; Handbook for parliamentarians: National parliaments as guarantors of human rights in Europe: authorised the publication of the handbook following its consideration and approval by the Sub Committee on the Implementation of the European Court of Human Rights; Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the "Cairo Declaration"? (Rapporteur: Mr Antonio Gutierrez, Spain, SOC): in the absence of the rapporteur, agreed to his request to ask the Bureau for an extension of the reference until 31 December 2018 and otherwise to postpone this item; Human rights situation in the occupied regions of Georgia (Rapporteur: Mr Pierre-Aiain Fridez, Switzerland, SOC): in the absence of the Rapporteur agreed to his request to carry out a fact-finding visit to Georgia and to hold a hearing at a future meeting with experts, both subject to the availability of funds; • With Ms Eka Beselia (Georgia, SOC), Chairperson of the Sub-committee on the implementation of i judgments of the European Court of Human Rights, in the Chair (in the absence of the Vice Chairpersons) as regards: The continuing need to restore human rights and the rule of law in the North Caucasus region (Rapporteur: Mr Frank Schwabe, Germany, SOC): considered an introductory memorandum; Co-operation with United Nations human rights mechanisms - a challenge for the Council of Europe and its member States (Rapporteur: Mr Frank Schwabe, Germany, SOC): considered an introductory memorandum; • With Mr Frank Schwabe (Germany, SOC) in the Chair, as regards: How can inappropriate restrictions to NGO activities in Europe be prevented? (Rapporteur: Mr Yves Cruchten, Luxembourg, SOC): in the absence of the rapporteur, took note of the opinion of the European Commission for Democracy through Law (Venice Commission) on the Romanian draft law 140/2017, amending Law 26/2000 on Associations and Foundations (Opinion No. 914/2017); Participation of members in conferences, meetings, seminars etc: heard a brief report by Mr Georgii Logvynskyi (Ukraine, EPP/CD) on the 791h plenary meeting of the Intergovernmental Group of States against Corruption (GRECO) held in Strasbourg on 19-23 March 2018; " Other business: • Vaclav Havel Human Rights Prize: took note of the approaching deadline for submission of nominations on 30 April 2018 and of the nomination procedure on the website; • Meeting in Reykjavik on 22-23 May 2018: took note of the deadline of 1 May by which members should inform the secretariat of interpretation requirements, in line with current budgetary procedures; - End of year meetings: in accordance with AS/Bur (2018) 04, agreed to cancel the Committee's meeting scheduled for 12 November 2018; confirmed its meeting to be held in Paris on 10 September 2018; Next meetings: took note of the forthcoming meetings as follows: Plenary Committee: 3 " Reykjavik, Iceland, 22-23 May 2018 Strasbourg, during the Assembly's 3rd part-session of 2018 (25-29 June 2018) Paris, 10 September 2018 (Council of Europe Office) Strasbourg, during the Assembly's 41h part-session of 2018 (8-12 October 2018) Paris, 13 December 2018 (Council of Europe Office). ***** The Sub-Committee on the implementation of judgments of the European Court of Human Rights (of the Committee on Legal Affairs and Human Rights), meeting in Strasbourg on Thursday 26 April 2018 at 8.30am, with Ms Eka Beselia (Georgia, SOC) in the Chair as regards: Election of the Vice-Chairperson of the Sub-Committee: elected Mr Leonid Yemets (Ukraine, EPP/CD) Vice-Chairperson by acclamation; Handbook for parliamentarians: National parliaments as guarantors of human rights in Europe: considered and approved the handbook; Next meeting: during the June part-session. Gunter Schirmer, David Milner, Agnieszka Szklanna Copy to: Secretary General of the Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 4 Parliamentary Assembly Assemblee parlementaire t~~ ~~~ d~l.m·~~~~~~aaaa~~--am~~~Rmm.Rm~ae~ae~~ ..,. ,, ~ • - SECRETARIAT AS/Mig (2018) CB 03 27 April 2018 To the members of the Committee on Migration, Refugees and Displaced Persons Synopsis I of the meeting held in Strasbourg on 23, 24, 25 and 26 April 2018 The Committee on Migration, Refugees and Displaced Persons, meeting in Strasbourg, with Ms Doris Fiala (Switzerland, ALOE) and Mr Pierre-Aiain Fridez (Switzerland, SOC) in the Chair, • on Monday, 23 April 2018 at 2.00 p.m., with Ms Doris Fiala (Switzerland, ALOE) in the Chair, as regards: The situation in Libya: prospects and role of the Council of Europe (Rapporteur for opinion: Ms Tineke Strik, Netherlands, SOC): considered and approved a draft opinion, including twelve amendments; Joint hearing on "Refugees and migrants as an easy target for trafficking and exploitation" (Rapporteur: Mr Cezar-Fiorin Preda, Romania, EPP/CD) and "Missing refugee and migrant children in Europe" (Rapporteur: Ms Serap Ya~ar, Turkey, EC): in the absence of the rapporteurs, postponed the item until the next meeting; Defining guidelines for international NGOs (Rapporteur: Ms Daphne Dumery, Belgium, NR): heard " a statement by the rapporteur and considered an introductory memorandum; agreed to change the title as follows: "Rights and obligations of NGOs assisting refugees and migrants in Europe"; • on Tuesday, 24 April 2018 at 2.00 p.m., with Ms Doris Fiala (Switzerland, ALOE) in the Chair, as " regards: Priorities of the Committee in 2018: postponed the item until the next meeting; Human rights impact of the "external dimension" of European Union asylum and migration policy: out of sight, out of rights? (Rapporteur: Ms Tineke Strik, Netherlands, SOC): heard a statement by the rapporteur and considered a preliminary draft report; held an exchange of views with Ms Gauri van Gulik, Amnesty International Director for Europe; Statement by Ms Cecilia Jimenez-Damary, UN Special Rapporteur on the Human Rights of Internally Displaced Persons: heard a statement and held an exchange of views; .' .' AS/Mig (2018) CB 03 The humanitarian situation of refugees in the countries neighbouring Syria (Rapporteur: Mr Manlio Di Stefano, Italy, NR): heard a statement by the rapporteur and considered a preliminary draft report; held an exchange of views with Mr Erkan Doganay, Head of the Intervention Department of the Turkish Disaster and Emergency Management Authority (AFAD); • on Wednesday, 25 April 2018 at 2.00 p.m., with Ms Doris Fiala (Switzerland, ALOE) in the Chair, as regards: Humanitarian needs and rights of internally displaced persons in Europe (Rapporteur: Mr Killion Munyama, Poland, EPP/CD): took position on the amendments tabled to the draft resolution and recommendation; Blockchain as an opportunity in the context of migration: heard a statement by Mr James Song, CEO of ExsuiCoin and held an exchange of views; postponed the adoption of a draft motion for a resolution on "The use of innovative technologies for the benefit of migrants" until the next meeting; • on Thursday, 26 April 2018 at 2.00 p.m., with Mr Pierre-Aiain Fridez (Switzerland, SOC) in the Chair, as regards: Integration, empowerment and protection of migrant children through compulsory education (Rapporteur: Ms Petra De Sutter, Belgium, SOC): was informed that no amendments were tabled to the draft resolution; UN Global Compact for migration: held an exchange of views with the participation of Mr Eduard Gnesa, former Ambassador of Switzerland for international migration, Chair of the Expert group to the Global Forum on Migration and Development and Ambassador Tomas Bocek, Special Representative of the Secr.etary General on Migration and Refugees; The legal and practical requirements for extra-territorial processing of asylum claims (Rapporteur: Mr Domagoj Hajdukovi6, Croatia, SOC): in the absence of the rapporteur, took note of a preliminary draft report; A legal status for "climate refugees" (Rapporteur: Ms Marie-Christine Verdier-Jouclas, France, NR): heard a statement by the rapporteur and considered an introductory memorandum; authorised the rapporteur to carry out a fact-finding visit to Geneva (United Nations), subject to the availability of financial resources of the Assembly; Radicalisation of migrants and diaspora communities in Europe (Rapporteur: Ms Sahiba Gafarova, Azerbaijan, EC): in the absence of the rapporteur, heard a presentation by Ms Karin Heremans, Co-Chair, Education Working Group, RAN Network (Radicalisation Awareness Network) of the European Commission; Sub-Committee on Diasporas: heard a statement by Mr Andrea Rigoni (Italy, ALOE), Chairperson of the Sub-Committee, on the meetings held in Strasbourg on 24 January 2018, in Rabat, Morocco, on 8 February 2018 and in Strasbourg on 25 April 2018; Parliamentary Network on Diaspora Policies: heard a statement by the Coordinator, Mr Andrea Rigoni (Italy, ALOE) and agreed to hold a meeting of the Sub-Committee on Diasporas in the context of the Annual Diaspora Forum in Geneva (18 May 2018), subject to the authorisation by the Bureau; Sub-Committee on Refugee and Migrant Children and Young People: postponed the statement by Alexander [The Earl of] Dundee (United Kingdom, EC), Vice-Chairperson of the Sub-Committee, on the joint meeting with the Sub-Committee on Culture, Diversity and Heritage (London, 26 March 2018) until the next meeting; ',.• 2 AS/Mig (2018) CB 03 Recommendation 2108 (2017) on "A comprehensive humanitarian and political response to the migration and refugee crisis and the continuing flows into Europe" (Rapporteur: Mr Duarte Marques, Portugal, EPP!CD) and Recommendation 2109 (2017) on "Migration as an opportunity for European Development" (rapporteur: Mr Andrea Rigoni, Italy, ALOE): postponed the consideration of the joint reply from the Committee of Ministers to Recommendations 2108 (2017) and 2109 (2017) until the next meeting; Appointments of rapporteurs for reports: Concerted action on human trafficking: appointed Mr Vernon Coaker (United Kindgom, SOC) and heard from him a declaration of absence of conflict of interest; Violence and discrimination against religious minorities in refugee camps across Europe: postponed the appointment of a rapporteur until the next meeting; Representation of the Committee at various events: 91h Meeting of the Committee of experts on administrative detention of migrants (CJ-DAM), 21-23 February 2018, Paris: heard a statement by Ms Tineke Strik (Netherlands, SOC}; Composition of the Sub-Committees: approved the following changes: Sub-Committee on Integration • Mr Paul Gavan (Ireland, UEL) to become a full member l • Ms Ulla Sandbffik (Denmark, UEL) to become a full member Sub-Committee on Refugee and Migrant Children and Young People • Mr Paul Gavan (Ireland, UEL) to become an alternate member of Mr Barry Cowen (ALOE) .' Next meetings: • Paris, 4 June 2018 • Strasbourg, during the 3rd part-session 2018 (25-29 June) • Paris, 21 September 2018 • Strasbourg, during the 4th part-session 2018 (8-12 October) • Paris, 5 December 2018 Other .' • Geneva, 18 May 2018, Sub-Committee on Diasporas in the context of the Annual Diaspore Forum, subject to the authorisation by the Bureau ***** ' ' The Sub-Committee on Integration, meeting in Strasbourg on 25 April 2018, with Ms Doris Fiala (Switzerland, ALOE) in the Chair, as regards: Election of a Chairperson: postponed the election until the next meeting; Election of a Vice-Chairperson: postponed the election until the next meeting; Next meeting: Third part-session of the Assembly 2018. ***** I ' " 3 AS/Mig (2018) CB 03 The Sub-Committee on Diasporas, meeting in Strasbourg on 25 April 2018, with Mr Andrea Rigoni (Italy, ALOE), in the Chair, as regards: Annual Diaspora Forum (Geneva, 18 May 2018): heard a statement by the Chairperson and agreed to hold a meeting of the Sub-Committee in the context of the Annual Diaspora Forum, subject to the authorisation by the Bureau; held an exchange of views with Ms Marina Manke, Head of Labour Mobility and Human Development Division of IOM; Next meeting: Geneva, 18 May 2018, subject to the authorisation by the Bureau. Agnieszka Nachilo, Penelope Denu, Rudiger Dassow, Olga Kostenko cc: Secretary General of the Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 4 l.LJ;:;-- Parliamentary Assembly ltfL~ Assemblee parlementaire ~~~~ 1'fif!itlit'ml'lll·i!irnj· :ii!•!i.l'l!i!llll!ll!Ji ______ SECRETARIAT ASIEga/CB (2018) 03 27 April 2018 To the members of the Committee on Equality and Non-Discrimination Synopsis of the meeting held in Strasbourg from 23 to 26 April 2018 i The Committee on Equality and Non-Discrimination, meeting in Strasbourg from 23 to 26 April 2018, with first Ms Elvira Kovacs (Serbia, EPP/CD), Chairperson, and then Mr Manuel Tornare (Switzerland, SOC), First Vice-Chairperson in the Chair: • Monday 23 April 2018, from 2 to 3 pm, as regards: Conference on Private and family life for LGBTI people (Copenhagen, 2 March 2018): declassified the minutes; Promoting diversity and equality in politics (Rapporteur: Mr Killion Munyama, Poland, EPPICD): considered and approved a draft report and unanimously adopted a draft resolution; Forced marriage in Europe (Rapporteur: Ms Beatrice Fresko-Rolfo, Monaco, ALOE): considered a preliminary draft report; For a disability-inclusive workforce (Rapporteur: Mr Adao Silva, Portugal, EPPICD): considered an information memorandum; Other business: decided to hold its next meeting in Paris on 5 June 2018 instead of 23 May 2018; ' ' • Tuesday 24 April2018, from 2 to 2.30 pm, as regards: Election of the Bureau of the Committee: elected Mr Viorel Riceard Badea (Romania, EPP/CD) as Second Vice-Chairperson, by acclamation; Private and family life: achieving equality regardless of sexual orientation (Rapporteur: Mr Jonas Gunnarsson, Sweden, SOC): considered an information memorandum on the case-law of the European Court of Human Rights; and decided to propose that Ms Katherine Zappone, Minister for Children and Youth Affairs of Ireland, be invited to address the Assembly in the context of the debate on the report; Alleged extreme discrimination and crimes against LGBTI people in the Chechen Republic (Russian Federation) (Rapporteur: Mr Piet de Bruyn, Belgium, NR): took note of the letter from Mr Vyacheslav Egorov, Permanent Representative a.i. of the Russian Federation to the Council of Europe, informing the Secretary General of the Assembly that Ms Tatyana Moskalkova, High Commissioner for Human Rights of the Russian Federation, had ' ' This document is available on the Parliamentary Assembly Extranet website (restricted area for PACE Members) http://assembly.coe.int/extianet ' ' AS/Ega!CB (2018) 03 declined the invitation by the Chairperson of the Committee on Equality and Non-Discrimination to participate in the hearing organised by the Committee; considered an information memorandum; and decided to make the memorandum available to the members of the Committee on Legal Affairs and Human Rights in view of the joint meeting; • Tuesday 24 April 2018, from 2.30 to 3.30 pm, holding a joint meeting with the Committee on Legal Affairs and Human Rights, as regards: Alleged discrimination and crimes against LGBTI people in the Chechen Republic (Russian Federation): held a hearing with the participation of: Mr Igor Kochetkov, Chairperson of the Russian LGBT Network, Saint Petersburg, Russian Federation; Ms Tanya Lokshina, Russia Programme Director, Human Rights Watch, Moscow, Russian Federation. • Thursday 26 April 2018, from 8.30 to 10 am, as regards: Detainees with severe disabilities in Europe (Rapporteur: Mr Manuel Tornare, Switzerland, SOC): decided to change the title of the report to Detainees with disabilities in Europe; considered and approved a draft report; and unanimously adopted a draft resolution and a draft recommendation; Establishment of a European academic network on the Istanbul Convention: held an exchange of views with Mr Michele Nicoletti, President of the Assembly, and Prof. Marina Calloni, President of the Department of Sociology and Social Research, University of Milan Bicocca (by video-conference); and expressed its full support for the President's initiative to establish a European academic network on the Istanbul Convention; Promoting the rights of persons belonging to national minorities (Rapporteur: Mr Viorel Riceard Badea, Romania, EPPICD): considered an introductory memorandum; • Thursday 26 April 2018, from 2 to 3.30 pm, as regards: Migration from a gender perspective: empowering women as key actors for integration (Rapporteur: Ms Gabriela Heinrich, Germany, SOC): considered a preliminary draft report; Work programme: took note of the work program me; following a vote by secret ballot, appointed Mr Manuel Tornare (Switzerland, SOC) as rapporteur for opinion on Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the "Cairo Declaration"? and heard from him a declaration of absence of conflict of interest; Appointment of representatives (subject to the availability of funds): appointed: Ms Elvira Kovacs (Serbia, EPPICD), in her capacity as Chairperson, to participate in the Conference to launch the Council of Europe Gender Equality Strategy 2018-2023: Gender Equality: paving the way to be held in Copenhagen on 3-4 May 2018; and Ms Beatrice Fresko-Rolfo (Monaco, ALDE), in her capacity as Rapporteur on Forced marriage in Europe, to participate in the 15'h plenary meeting of the Ad hoc Committee of Experts on Roma and Traveller Issues (CAHROM) to be held in Athens on 22-25 May 2018; in the absence of candidates, authorised its Chairperson to appoint a member of the Committee to participate in the conference Ten years of implementation of the Convention on Action against Trafficking in Human Beings: impact and challenges ahead, to be held in Strasbourg on 22 May 2018; } I 2 • AS/Ega!CB (2018} D3 Reporting back: heard reports from: Mr David Davies (United Kingdom, EC) on his participation in the 75th meeting of the European Commission against Racism and Intolerance (ECRI) held in Strasbourg on 21-23 March 2018; Ms Gabriella Heinrich (Germany, SOC) on her participation in The Evaluation and Closing Conference ofthe No Hate Speech Movement youth campaign, held on 10-12 April 2018 at the European Youth Centre, Strasbourg; Next meetings: confirmed its next meetings as follows: Paris, 5 June 2018 (Council of Europe Office); Strasbourg, during the 3•d part-session 2018 of the Assembly (25-29 June); Paris, 19 September 2018 (Council of Europe Office); Strasbourg, during the 4'h part-session 2018 of the Assembly (8-12 October); Paris, 3 December 2018 (Council of Europe Office). ***** The Sub-Committee on Disability and Multiple and Intersectional Discrimination, meeting in Strasbourg, on Tuesday 24 April from 8.30 to 10 am, with Mr Adao Silva (Portugal, EPPIDC) in the Chair, as regards: Election of the Bureau of the Sub-Committee: elected Mr Olli-Poika Parviainen (Finland, SOC) as Vice-Chairperson by acclamation; '' Best practices for the inclusion of persons with disabilities in the labour market: in the framework of the preparation of a report on For a disability-inclusive workforce by Mr Adao Silva (Portugal, EPPICD) held a hearing with the participation of: Ms Edurne Alvarez De Mon, Human Resources Senior Consultant, Foundation once lnserta, .' Spain; Ms Agnes Gerber-Haupert, Director General, Action et Competence, France; Mr David Kennaugh, Small Business Owner, France; Date and place of the next meeting: left it to its Chairperson to propose the date and place of the next meeting. ***** The Sub-Committee on the Rights of Minorities, meeting in Strasbourg, on Wednesday 25 April from 2 to 3.30 pm, with Mr Damien Thiery (Belgium, ALOE) in the Chair, as regards: " Twenty years on: Shortcomings and challenges in the use of regional or minority languages at local and regional level: held a hearing with the participation of: Ms Vesna Crni6-Groti6, Chairperson of the Committee of Experts of the European Charter for " Regional or Minority Languages; Mr Andrew Dawson, member of the Chamber of Regions of the Congress of Local and Regional Authorities, rapporteur of the Governance Committee on The use of languages by local and regional authorities; Date and place of the next meeting: left it to its Chairperson to propose the date and place of the next meeting. Sonia Sirtori, Sarah Burton, Giorgio Loddo, Elodie Fischer .' .' 3 AS!Ega!CB (2018) 03 Copy to: Secretary General of the Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 4 l.L/;?- Parliamentary Assembly /ttL~ Assemblee parlementaire ~~ - _ ,...u:rnlil;:mw;lill-m;-run~--·-mtliiullllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll-lllllllllllllllll!llllllllllllllllllllllllllllllllllllllllll CONSEIL DE lEUROPE SECRETARIAT AS/Cult (2018) CB 03 27 April 2018 To the members of the Committee on Culture, Science, Education and Media Synopsis of the meeting held in Strasbourg on 24-26 April 2018 The Committee on Culture, Science, Education and Media, meeting in Strasbourg with Ms Maria Concepcion de Santa Ana, (Spain, EPP/CD), Mr Constantinos Efstathiou (Cyprus, SOC) and Lord George Foulkes (United Kingdom, SOC) in the Chair, I • Tuesday 24 Apri12018 from 8.30 am to 10 am, as regards: Legal challenges related to the hybrid war and human rights obligations (Rapporteur for opinion: Mr Volodymyr Ariev, Ukraine, EPPICD; Rapporteur AS/Jur: Mr Boriss Cite vies, Latvia, SOC): in the absence of the Rapporteur, approved the opinion of the committee; '. Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the "Cairo Declaration"? (Rapporteur for opinion: Mr Johan Nissinen, Sweden, NR; Rapporteur AS/Jur): Mr Antonio Gutierrez, Spain, SOC: took note of an information memorandum by the rapporteur for opinion; References to the committee and appointment of rapporteurs : Towards a system of monitoring and regulation to counter misinformation in and manipulation by social media (Doc. 14458): decided to merge this report with the report on Social media: social threads or threats to fundamental freedom? (Doc. 14184), to keep the latter title and to modify the I' assignment of the rapporteur, Mr Jose Cepeda (Spain, SOC); heard from him a renewed declaration of absence of conflict of interest; Jewish cultural heritage preservation (Doc. 14477): appointed Mr Raphael Comte (Switzerland, .' ALOE), rapporteur and heard his declaration of absence of conflict of interest at the sitting in the afternoon; Committee work programme Approval of rapporteurs' fact-finding visits: subject to the availability of funds, approved two fact finding visits by Mr Andries Gryffroy (Belgium NR), rapporteur on Safeguarding and enhancing Europe's intangible cultural heritage, to Croatia on 24 July 2018 and to Georgia on 23 September 2018; Sub-Committees: decided to: entrust Mr Mogens Jensen, rapporteur for the follow-up to Resolution 2199 (2018) 'Towards a framework for modern sports governance", and Mr Georgios Mavrotas, Chairperson of the Sub Committee on Education, Youth and Sport, to: i ' • establish a task force, by 20 May 2018, bringing together the key partners with a view to preparing a detailed project proposal for the possible establishment of the Parliamentary Alliance for Good Governance and Integrity in sport; • call for a meeting of this !ask-force during the part-session of June 2018 (in conjunction with a meeting of the Sub-Committee on Education, Youth and Sport) and follow, with the assistance of the committee secretariat, the organisation of the meeting and the preparation by an expert of a draft "Charter of Commitments" and of draft regulations of the Alliance; invite the Sub-Committee on Education, Youth and Sport to consider the issue of a possible establishment of the Alliance at its joint meeting with the Sub-Committee on Children of the Committee on Social Affairs, Health and Sustainable Development on 17 October 2018 in Tbilisi (subject to Bureau authorisation of the meeting) and for its chairperson to report to the plenary committee during its meeting of 6-7 December 2018 in Paris on the outcome of this preparatory work; Deliberate destruction and illegal trafficking of cultural heritage (Rapporteur: Mr Stefan Schennach, Austria, SOC): unanimously adopted a draft resolution and draft recommendation and approved a report; • Tuesday 24 April 2018 from 2 pm to 3.30 pm, as regards: The protection of editorial integrity (Rapporteur: Mr Volodymyr Ariev, Ukraine, EPP/CD): took position on one amendment to the draft resolution; The status of journalists in Europe: (Rapporteur: Ms Elvira Drobinski-Weiss, Germany, SOC; Rapporteur for opinion AS/Jur: Ms Thorhildur Sunna 1Eversd6ttir, Iceland, SOC): took position on ten amendments to the draft resolution and adopted a sub-amendment; Museum Prize of the Council of Europe (Rapporteur: Ms Adele Gambaro, Italy, FOG): held an exchange of views with the participation of Ms Jette Sandahl, Chairperson of the European Museum Forum (EMF); Ms Amina Krvavac, Executive Director, and Mr Jasminko Halilovi6, Founder and Director of the War Childhood Museum, Sarajevo, Bosnia and Herzegovina, winner of the Council of Europe Museum Prize 2018; • Thursday 26 April 2018 from 8.30 am to 10 am, as regards: The value of cultural heritage in a democratic society (Rapporteur: Alexander [the Earl of} Dundee, United Kingdom, EC): considered an introductory memorandum; Education and culture: new partnerships to support personal development and cohesion: (Rapporteur: Mr Mogens Jensen, Denmark, SOC): in the absence of the rapporteur, held an exchange of views with the participation of Ms Joan Parr, Head of Creative Learning, Creative Scotland, Edinburgh; • Thursday 26 April 2018 from 2 pm to 3.30 pm, as regards: The role of education in the digital era: from "digital natives" to "digital citizens" (Rapporteur: Mr Constantinos Efstathiou, Cyprus, SOC): heard the rapporteur on his two fact-finding visits to Tallinn, Estonia, and Helsinki in 2017; considered an information memorandum and held an exchange of views with the participation of Mr Villano Qiriazi, Head of Division Education Policy, Education Department, DG II - Directorate of Democratic Citizenship and Participation, Council of Europe; Committee work programme Extension of references: decided to ask the Bureau for the extension of the following references: The role of education in the digital era: from "digital natives" to "digital citizens" (Rapporteur: Mr Constantinos Efstathiou, Cyprus, SOC) until 31 January 2019, The value of cultural heritage in a democratic society (Rapporteur: Alexander [the Earl of] Dundee, United Kingdom, EC) until 31 January 2019, Internet governance and human rights (Rapporteur Mr Andres Herkel, Estonia, EPP/CD) until 31 March 2019, 2 Social media: social threads or threats to fundamental freedoms? (Rapporteur: Mr Jose Cepeda, Spain, SOC) until 31 March 2019; Next meeting Paris, 25 May 2018 Strasbourg, 3rd part-session (25-29 June 2018) Tbilisi, 25 September 2018 Strasbourg, 41h part-session (8-12 October 2018) Paris, 6-7 December 2018 *** The Sub-Committee on Education, Youth and Sport (of the Committee on Culture, Science, Education and Media), meeting in Strasbourg on Monday 23 April 2018 from 2 pm to 3 pm with Mr Georgios Mavrotas (Greece, SOC) in the Chair, as regards: Follow-up to Assembly Resolution 2199 (2018) "Towards a framework for modern sports governance": considered the possible setting-up a Parliamentary Alliance for Good Governance and Integrity I in sport and held an exchange of views with the contributions of Mr Bogdan Wenta, MEP, Vice-Chairperson of the European Parliament Sport Intergroup, Brussels (via video message) and Mr Akaash Maharaj, Chief E-xecutive Officer, Global Organization of Parliamentarians Against Corruption, Ottawa, Canada (via video link); agreed on the procedural proposals concerning the establishment of a task-force for the possible setting-up a Parliamentary Alliance for Good Governance and Integrity in Sport to be submitted to the plenary committee for decision. 151h Council of Europe Conference of Ministers responsible for Sport, 16 October 2018 in Tbilisi, Georgia: held an exchange of views with Ms Elda Moreno Villanueva, Children's Rights and Sport Values Department, DGII: Directorate General of Democracy, Council of Europe, on the preparations for the .' Conference; Next meetings: Strasbourg, 27 June 2018 (June part-session) date to be confirmed Tbilisi, 17 October 2018 (subject to the authorisation by the Bureau) Roberto Fasino, lvi-Triin Odrats, Dana Karanjac, Eugen Cibotaru cc: Secretary General of the Assembly .' Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe .' 3 '' l.L£::;;::- Parliamentary Assembly mL~ Assemblee parlementaire ~~ ~~~;m~~-w'"~·mro~~~amED~am~~am~mmmBmBREam=m=m=mma~ SECRETARIAT ASIMon (2018)CB03 27 April 2018 To the members of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Synopsis of the meeting held in Strasbourg I on 24, 25 and 26 April 2018 ! The Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), meeting in Strasbourg, on 24-26 April 2018, with Sir Roger Gale (United Kingdom, EC) and Ms Marianne Mikko (Estonia, SOC) in the Chair, as regards: I Turkey (co-rapporteurs: Ms Marianne Mikko, Estonia, SOC and Mr Nigel Evans, United Kingdom, EC): heard an oral report by the co-rapporteurs on their fact finding visit to Ankara and Istanbul (28-30 March I 2018) and held an exchange of views; following the proposal of the co-rapporteurs, adopted a statement, as ' ' amended, on "the organisation of early presidential and parliamentary elections in Turkey'' (see appendix); and decided to seize the Venice Commission for an opinion on the amendments to the electoral legislation and related "harmonisation laws" adopted in March and April 2018; r' I Preliminary draft periodic review reports on countries not under the monitoring procedure i strico sensu or engaged in a post-monitoring dialogue (Rapporteur ex-officio: Sir Roger Gale, United Kingdom, EC): held an exchange of views, considered a preliminary draft periodic review report on Italy and decided to send it to the Italian authorities for their comments within three months; Ukraine (co-rapporteurs: Mr Eerik-Nii/es Kross, Estonia, ALOE and Ms Dzhema Grozdanova, Bulgaria, EPPICD): appointed Ms Dzhema Grozdanova (Bulgaria, EPP/CD) co-rapporteur to replace Mr Axel Fischer (Germany, EPP/CD) and heard a declaration of non-conflict of interest from her; Republic of Moldova (co-rapporteurs: Mr Egidijus Vareikis, Lithuania, EPPICD, and Ms Maryvonne r , Blondin, France, SOC): heard an oral report by the co-rapporteurs on their fact finding visit to Chisinau and Com rat (3-5 April 2018); Russian Federation (co-rapporteurs: Ms Liliane Maury Pasquier, Switzerland, SOC and Mr Telmo Correia, Portugal, EPP/CD): appointed Mr Telmo Correia (Portugal, EPP/CD) co-rapporteur to replace Ms Theodora Bakoyannis (Greece, EPP/CD) and heard a declaration of non-conflict of interest from him; Romania : held an exchange of views on recent reforms of the judiciary, including in the context of the fight against corruption with the participation of Mr Thomas Markert, Director, Secretary of the Venice Commission, Mr Gianluca Esposito, Executive Secretary of GRECO, Judge Simona Camelia Marcu, President of the Superior Council of Magistrates and Mr Titus Corlatean, representative of the ruling majority and Mr lonut-Marian Stroe, representative of the opposition in Romania and requested the Venice Commission to prepare an opinion on the amendments to the three laws on the judiciary: on the status of judges and prosecutors; on the judicial organisation; and on the Superior Council of Magistrates; i' Council for Democratic Elections (Venice Commission): appointed Mr Aleksander Pociej (Poland, EPP/CD) as the Committee's substitute for the year 2018; I' AS/Mon (2018) CB03 Authorisation of fact-finding visits: authorised a fact-finding visit to Armenia; heard a statement by the Chair regarding the current financial situation and its impact on the work of the committee; agreed to allow the Chair, in between committee meetings, to authorise, on behalf of the committee, fact finding visits in case of urgent need and subject to availability of funds; Other business: • Azerbaijan (co-rapporteurs: Mr Stefan Schennach, Austria, SOC, and .. .): decided to appoint a new co-rapporteur to replace Mr Cezar Florin Preda (Romania, EPP/CD), following his resignation as co-rapporteur, at its next meeting; • Poland (co-rapporteurs: Mr Yves Cruchten, Luxembourg, SOC and .. .): decided to appoint a new co-rapporteur to replace Ms Elisabeth Schneider-Schneiter (Switzerland, EPP/CD), following her resignation as co-rapporteur for the report on "The functioning of democratic institutions in Poland", at its next meeting; • Serbia (co-rapporteurs: Mr Samad Seyidov, Azerbaijan, EC and Ms Maria Guzenina, Finland, SOC): further to the request of the co-rapporteurs, agreed to postpone the adoption of the report on the Honouring of Obligations and Commitments by Serbia with a view to its presentation at the October 2018 part-session; Next meetings: decided to hold its next meetings as follows: Paris, 29 May 2018 (Council of Europe Office) Strasbourg, 25-29 June 2018 (during the Assembly part-session) Tbilissi, Georgia, 17-18 September 2018 (subject to approval by the Bureau and the availability of funds) Strasbourg, 8-12 October 2018 (during the Assembly part-session) Paris, 14 November 2018 (Council of Europe Office) (TBC) Paris, 12 December 2018 (Council of Europe Office) (TBC). * * * Bas Klein, Sylvie Affholder Copy to: Secretary General of the Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe AS!Mon (2018) CB03 Appendix. Statement on the organisation of early presidential and parliamentary elections in Turkey adopted by the Monitoring Committee of the Parliamentary Assembly on 24 April 2018 The Monitoring Committee expresses its deepest concern at the announcement, on 18 April 2018, of the holding of early presidential and parliamentary elections in Turkey on 24 June 2018, one and a half years ahead of schedule. • The Committee notes that the amendments to the electoral law were adopted by the parliament only one month prior to calling these snap elections. These amendments substantially change the rules for elections and the election campaign. They include the possibility to form pre-election alliances which was not possible until now. The extremely short period between the adoption of these new rules and the upcoming elections leaves too little time for political parties to adjust and complete their preparations for the elections. Changing the ·election rules three months before Election Day is contrary to the recommendations of the Venice Commission. At the same time, the Assembly notes, with regret, that the 10% electoral threshold - the highest in Europe - was not lowered in the amended law, as called for by the international community, including the Assembly. This very high threshold will further undermine political pluralism by side-lining single political parties. • The Committee deplores that, on the same day the elections were announced, the parliament I approved the 71" extension of the state of emergency put in place after the failed July 2016 coup. Echoing the Venice Commission concerns, the Committee reiterates that it is impossible to hold genuinely democratic elections under the state of emergency and on-going security operations in southeast Turkey. I • The state of emergency has, since July 2016, led to disproportional measures and unacceptable restrictions of fundamental freedoms - in particular freedom of expression, media, and assembly. It has affected negatively and disproportionally oppositional and critical voices, as highlighted by the Assembly in its Resolution 2156 (2017). The Committee regrets that no progress was achieved since then. A significant number of parliamentarians from the opposition (10), journalists (about 150) and ! human rights defenders remain in detention, while many other face legal cases on terror-related charges. Many NGOs were closed down. Numerous media have also been closed down or bought '" up by pro-government businessmen. A newly adopted law has tightened the control of online broadcasting. This has further narrowed down the space for democratic debate necessary in election times which requires access to full and accurate information so as to ensure the voters' ability to make informed choices between candidates. • In addition, several provisions of the new electoral system raise serious questions about election security and transparency and possible interference of the executive in the election administration. The Committee is notably worried by the possible presence of police forces in polling stations, which could have a deterrent effect on voters. It is also concerned that the decision to accept non-stamped ballot papers invalidates the use of stamped ballot papers as a major security measure. In addition " The Committee also regrets that previous and repeated recommendations made by the Parliamentary Assembly, the Group of States against Corruption (GRECO) and the OSCE/ODIHR related to media coverage and funding of electoral campaigns and political parties have remained unaddressed. The Monitoring Committee has therefore decided to seize the Venice Commission for " an opinion on the electoral law, as revised in March 2018, and connected legislation. The Monitoring Committee is deeply concerned that this adverse context will Impede the conduct and organisation of genuinely democratic elections, and confirms that, at the end of the process, the overall legitimacy of these elections is at stake. The Monitoring Committee recalls that Turkey should abide by the fundamental values of the Council of Europe, including the holding of free and fair elections. It also recalls that these elections will be crucial; this will be the final step for the shift to an executive presidential system, which will grant extensive powers to the President of the Republic while limiting checks and balances. All these factors combined seriously challenge the democratic nature of the elections. The Committee thus recommends the Turkish authorities to postpone the elections. "' .' ~c.f} lL£?-- Parliamentary Assembly COUNCIL OF EUROPE ~~ Assemblee parlementaire ~~=- ~ '"'11111 ______~ Bureau of the Assembly AS/Bur/MR-PA (2018) 05 17 April 2018 Ad hoc Committee on the role and mission of the Parliamentary Assembly ; I I ! Memorandum prepared by the Chairperson ' .' .' ' ' ' ' ' ' AS/Bur/MR-PA (2018) 05 1. Introduction 1. As announced at our last meeting in Paris and following the discussions held there, I have tried in the present document to structure the various proposals made so far by participants, as regards the nature and identity of our Assembly, its functions and composition, as well as its relations with the other statutory organ of the Council of Europe, i.e. the Committee of Ministers, and also with other Council of Europe bodies and external players such as the European Union or other international organisations or parliamentary assemblies. It is in fact these issues which mainly matter when one looks at the need to define the role and mission of our Assembly - the primary goal of our discussions - and enhance its impact both within the Organisation and in member States. 2. It is my understanding that issues related to the internal functioning of our Assembly (such as the number or days of part-sessions or issues linked to the work of Assembly rapporteurs etc.) do not necessitate discussions among representatives of all member States in the context of the Ad hoc Committee but can be dealt with at a later stage once principled decisions on the future of our Assembly have been taken. 3. The present document represents a work in progress not only because we are still waiting for contributions from three political groups of the Assembly (SOC, ALDE and FDG) but also because we need to further discuss some of the issues already raised in the contributions we have received. The fact thus that some proposals are reproduced in this document does not mean that I support them nor that the Ad hoc Committee has in any way agreed to include them in its report to the Bureau. It aims precisely at facilitating further discussion and allowing the Ad hoc Committee to make a reasoned choice of which proposals merit further consideration by the competent instances. 4. In my view, it is important that, before we discuss further any proposals, we know what the implications of our discussion could eventually be, especially as - let me repeat it once more - our Ad hoc Committee can only make proposals for further action to the Bureau of the Assembly and has no direct decision-making power. I have thus tried to clarify at what level relevant decisions should be taken. It is also worth mentioning that some proposals may have far-reaching implications for other aspects of the functioning of the Assembly as well as affecting other Council of Europe organs and bodies, although this is less evident at first sight. 5. Therefore, at the end of each section, I have indicated which proposals could be dealt with directly by the Bureau of the Assembly and which require decisions by the Assembly; in the latter case, which decisions can be taken by the Assembly in the context of the report on the Role and mission of the Assembly: main challenges for the future to be prepared by the Political Affairs and Democracy Committee; and which proposals imply changes in our Rules of Procedure and therefore necessitate decisions on the basis of one or more Assembly reports to be prepared by our Committee on Rules of Procedure, Immunities and Institutional Affairs. Finally, some issues necessitate prior consultation with the Committee of Ministers, possibly in the Joint Committee, and some would even require a change of the Organisation's Statute. 6. As regards the content of the various proposals, on some issues, it is quite clear that there is consensus or at least a clear majority among participants. For instance, even if concrete proposals vary, there seems to be consensus on the need to focus Assembly work on core-business and streamline its procedures, as well as to improve follow-up and implementation of its resolutions, including by national parliaments, and enhance relations with the latter (section 3.1.). Equally, there seems to be a general consensus on the need to step up the political dialogue between the Assembly and the Committee of Ministers (section 5), as well as upgrade the dialogue with the European Union and enhance relations with other international organisations or parliamentary assemblies (section 6). On other issues, participants' views vary substantially and I have tried to enumerate the various options. This is notably the case of issues related to the nature and identity of the Assembly (section 2), its monitoring function (section 3.2) and its composition, that is issues related to the credentials and representation or participation rights of national delegations (section 4). 7. There is much food for thought in the 30 contributions received so far and there is certainly more to come. We now need to make the discussions substantial in order to identify avenues for action and formalise concrete proposals. 2 AS/Bur/MR-PA (2018) 05 2. The nature and identity of the Assembly: deliberative organ of the Council of Europe; pan- European forum for dialogue; human rights and democracy "watchdog" 8. A number of participants put emphasis on the Assembly's role as a Human Rights and Democracy watchdog (Iceland, Liechtenstein, Luxembourg, Netherlands, Romania, Sweden, Ukraine, United Kingdom EPP/CD), also vis-a-vis the European Union (Netherlands); other participants stressed its role as a pan European forum for dialogue (France, Slovak Republic, Russian Federation, UEL), while some gave equal importance to both missions of the Assembly (Bulgaria, Finland, Romania). 9. For one delegation (Finland), the Assembly's strength and uniqueness lie in its autonomous identity and its transparent, credible and consistent working methods. Reference was also made to the Assembly's unique role in providing democratic legitimacy to an overall effort of enhancing the Organisation as a whole (with its unique treaty-based system, its legal and political acquis) as part of a new vision of European unity through diversity: this could, for instance, be the aim of a well-prepared Summit of the Council of Europe Heads of State and Government (Greece). It is worth recalling that in its Resolution 2186 (2017) and Recommendation 2113 (2017), the Assembly called for a 4th Summit of Organisation's Heads of State and Government which would inter alia enhance the Council of Europe's mission both as guardian and innovator of democracy, including by strengthening the role of the Assembly as a strong pillar of European parliamentarism, bringing together representatives of citizens from almost all European States. 10. For one delegation (Latvia) and one political group (EPP/CD), the Assembly should focus on international law or human rights violations as well as violations of accession commitments. For another delegation (Sweden), the identity and nature of the Assembly as well as the cooperation it proposes are based on a strong and firm belief in core values and are supported by the option of sanctions. For one political group (UEL), there is need to modernise the Assembly's monitoring procedure, whereas for one delegation (Turkey) it is particularly important to harmonise the rules governing participation and representation of member States in both statutory organs (see also below). A number of delegations insist on the importance of ensuring the participation of all member States' parliaments in the Assembly. I 11. Two delegations (France, Italy) referred to the Assembly's role as a deliberative body and, in ~· particular, to its elective powers: one (France) called for increased scrupulousness and improvement of procedures when electing individuals to senior posts in the Council of Europe, while the other (Italy) made more detailed proposals (suggesting: with respect to the election of the Human Rights Commissioner, introducing a multiple-choice single vote; with respect to the election of the Deputy Secretary General, nomination by the Organisation's Secretary General of a candidate, on the basis of a short list, which the Assembly could then ratify or not; with respect to the Assembly's Secretary General, proposal of a nomination by the President of the Assembly of a candidate, on the basis of a shortlist, which the Bureau would ratify with a qualified majority vote in favour). One political group (UEL) also put emphasis on the need to improve the transparency, accountability and quality of election processes within the Assembly as part of its decision-making powers. .' Most issues related to the nature, identity and mission of the Assembly could be addressed in the context of the Political Affairs and Democracy Committee report on the Role and mission of the Assembly: main challenges for the future. The proposal calling for modernising the Assembly's monitoring system (see also below) and the proposals referring to the election processes within the Assembly require changes in the .' rules and thus could only be decided by the Assembly on the basis of a report by its Rules of Procedure, Immunities and Institutional Affairs Committee. In addition, any changes to the election procedures referred to above necessitate prior consultation with the Committee of Ministers. 3. Functions of the Assembly ~"3.1. . . Streamlining the Assembly work and ensuring implementation of its resolutions including by national parliaments 12. Almost all participants agreed with the need to streamline Assembly work, redefine Assembly core business and prioritise its core tasks (France, Germany, Iceland, Liechtenstein, Netherlands, Norway, EC and UEL). I ' ' ' 3 AS/Bur/MR-PA (2018) 05 13. Concrete proposals include: ~ introduction of a higher threshold for putting forward a motion for a resolution or recommendation (currently 20 signatures, unless in exceptional circumstances, or a committee decision); ~ a stricter selection by the Bureau of which motion should lead to a report; ~ restricting the thematic and geographic scope of reports and topics of current affairs or urgent procedure debates; ~ reducing the reports to be presented to the plenary per session or to be prepared by each committee; ~ restructuring Assembly committee meetings and decision making processes. 14. One political group (UEL) suggested that the Ad hoc Committee should in this respect also take note of the Memorandum prepared by the Secretary General of the Assembly on the procedure for considering motions for resolutions and recommendations and its possible improvements which is now referred to the Committee on Rules of Procedure, Immunities and Institutional Affairs for follow-up. In particular, this memo enumerates the following guidelines for the Presidential Committee and the Bureau to respect when considering new motions which can precisely help streamline Assembly work: the motion shall fall within the scope of the Council of Europe competences; the relevance of a motion should be taken into account, especially when it concerns new issues and challenges or would help to enhance the political relevance and visibility of the Assembly; the previous work of the Assembly in a given field should be taken into account; as well as the existence of previous motions tabled which are still under consideration by the committees. 15. As one delegation (France) put it, the Assembly is first and foremost a platform for political dialogue and for raising awareness of human rights and rule of law issues, not a do-gooder that seeks to lay down the law to member States. 16. As regards the themes which should be dealt with by the Assembly as a matter of priority, a number of participants suggested themes relating to existing or possible new Council of Europe conventions (Greece, Netherlands, UEL), with one delegation (Greece) suggesting the appointment of an Assembly rapporteur to act as a contact point between the Assembly and the Committee of Ministers in each drafting procedure. Two delegations (Cyprus, Iceland) mentioned in particular the effective monitoring of compliance with the European Convention of Human Rights and the implementation of the European Court of Human Rights judgments as priority tasks for the Assembly, with one delegation (Cyprus) suggesting the latter theme as a possible topic for discussions with the Committee of Ministers in the Joint Committee. One delegation (Slovak Republic) raised the need for the Assembly to be more active in the field of social rights (beyond civil and political rights) while another delegation (Iceland) insisted on the importance of gender balance and gender mainstreaming. 17. One political group (EC) considered that the Assembly should stop awarding prizes (Vaclav Havel, Europe Prize, Museum Prize) with immediate effect while one delegation (Turkey) suggested that nominees' histories should be investigated more effectively and the member States' sensitivities should be taken into account. 18. Strictly linked to the issue of streamlining the work of the Assembly is that of ensuring implementation of its resolutions and thus follow-up to its work. 19. A number of participants insisted on the need to enhance follow up to and implementation of Assembly resolutions and recommendations and maximise the potential and dynamic they can generate at national level (Cyprus, Iceland, Luxembourg, EPP/CD and UEL). National parliaments are seen as the necessary bridge to ensure such implementation at national level. The need to strengthen interaction with national parliaments and enhance the impact of Assembly activities on them, including through joint initiatives (Russian Federation), has thus been given particular emphasis by a number of participants (Bulgaria, Italy, Norway, Romania, Russian Federation, UEL). 20. Concrete proposals include the following: national parliaments should be invited to hold follow-up sessions and/or take initiatives on certain pivotal resolutions adopted by the Assembly (Cyprus), including through reference of each resolution to their relevant committees (Luxembourg, Romania, UEL); national parliaments should be invited to play their oversight role towards government action and scrutinise implementation by their governments of Assembly resolutions or recommendations addressed to them (Romania) and, as regards more specifically the human rights field, scrutinise the 4 AS/Bur/MR-PA (2018) 05 implementation by their governments of the European Court of Human Rights judgements, as well as the conformity of draft legislation with the European Convention of Human Rights before proceeding to its adoption (Italy); the results regarding the implementation of Assembly resolutions should become visible and accessible to the public (Iceland, UEL), following possibly a survey of best practices in national parliaments (the Netherlands); Assembly committees should step up contacts with the relevant commissions of national parliaments on a thematic and regular basis (Bulgaria, Russian Federation). Most of the above-mentioned proposals made with the aim of streamlining Assembly work and enhancing its focus do not necessitate a change in the Rules but rather a policy change especially at the level of the Presidential Committee and the Bureau of the Assembly when the latter decides on the basis of proposals by the former on follow-up to be given motions for resolution or recommendation or when it prepares the draft agenda of the Assembly part-sessions, including the number of reports to be debated, committee meeting slots etc. Therefore relevant decisions could be taken directly by the Bureau on the basis of the report of its Ad hoc Committee (see also the above-mentioned memorandum by the Secretary General of the Assembly and the follow-up to be given by the Committee on Rules of Procedure, Immunities and Institutional Affairs). One proposal necessitates a change in the Rules on the basis of a report of the Rules of Procedure, Immunities and Institutional Affairs Committee, i.e. introducing a higher threshold for putting forward a motion for a resolution or recommendation. All proposals and other concrete measures aimed at enhancing implementation of Assembly resolutions by national parliaments and in general relations between the Assembly and the latter have been already I adopted by the Assembly 10 years ago as part of its Resolution 1640(2008) on Use by Assembly members of their dual parliamentary role-both national and European. No further Assembly decision is therefore required but rather enforcement of earlier decisions. Although the Political Affairs and Democracy Committee report could of course further reflect on the issue, the Bureau could already, on the basis of the report by its Ad hoc Committee, hold a renewed discussion on how to implement Assembly Resolution 1640. The Bureau could also bring this resolution, as well as a more recent document, Doc. 13528. dated June 2014, to the attention of all Assembly committees calling them to decide on follow-up action as regards the specific issue of relations with their counterparts in national parliaments. Moreover, a greater effort is needed to ensure that decisions on stepping up relations with national parliaments will also be implemented by these parliaments. This could be done for instance in the context of a future European Conference of Presidents of Parliament and/or through the signing of Memoranda between the Assembly and national parliaments. Also the European Centre for Parliamentary Research and Documentation (ECPRD) could be entrusted with the task of carrying out the proposed survey of best practice among national parliaments in ensuring implementation of Assembly resolutions. " 3.2. Working methods and procedures regarding the monitoring of accession commitments and statutory obligations .' 21. A number of participants (Bulgaria, Greece, Republic of Moldova, Russian Federation, EC and UEL) referred to the need to reform the Assembly's monitoring procedure and streamline the relevant working methods. It was also suggested that: >- monitoring reports be supplemented with expertise and assistance packages from the Assembly or the Organisation as a whole (UEL); >- coordination with other Council of Europe monitoring mechanisms be enhanced (UEL); >- monitoring of human rights in grey zones and in armed conflict areas remain high on the agenda (EPP/CD). 22. Some participants referred to the need to consider broadening monitoring to cover all 47 member States of the Organisation on the basis of a thematic rather than a country-by-country approach (Bulgaria, Republic of Moldova, Russian Federation, UEL) with one participant (Russian Federation) arguing that the ' current approach is often biased and applied purely selectively. One delegation (Romania) insisted on the . need for the Assembly's monitoring procedure to continue to be based on a country-by-country approach and one political group (EPP/CD) warned against introducing any changes which would undermine and weaken the Assembly's role in safeguarding the system of democracy, rule of law and human rights. .' 5 ~ AS/Bur/MR-PA (2018) 05 23. One participant (Russian Federation) criticised the fact that accession commitments are supplemented by new conditions during the review process while one political group (EPP/CD) argued that accession commitments and statutory obligations of member States should be strengthened and their implementation should be evaluated on a permanent basis. One delegation (Cyprus) suggested introducing some more constraining measures for countries persistently failing -for lack of political will - to live up to their contractual obligations vis-a-vis the Council of Europe. 24. One delegation suggested changing the rules governing access to the meetings of the Monitoring Committee (currently held in camera) so as to make the process more transparent (Republic of Moldova) whereas one political group (EC) suggested merging the Political Affairs and Democracy Committee with the Monitoring Committee into a single new Democracy Committee. The monitoring function of the Assembly could be discussed in the context of the Political Affairs and Democracy Committee report as it is directly linked to the role and mission of the Assembly. However, any changes to the current monitoring procedure, as those suggested by a number of participants, whether they concern the working methods or the working structures (competent committee) necessitate changes in the Assembly's Rules of Procedure and can only be introduced by an Assembly Resolution on the basis of a report by the Committee of Rules of Procedure, Immunities and Institutional Affairs. The Bureau could instruct the fatter committee to look further into the matter and consider relevant proposals, including those put forward from the Ad hoc Committee. 4. Composition of the Assembly: credentials, representation and participation rights and obligations of national delegations 25. Under this section a significant number of participants discuss various options arguing in favour of or against the current "sanction" system and Assembly procedures related to the credentials or the representation and participation rights of members of national delegations. Views vary substantially. 26. The main arguments in favour of maintaining or even expanding the current system of sanctions are linked to the idea that the very nature of the Assembly is based on a strong and firm belief in core values and the co-operation it proposes is value-based and supported by the option to use sanctions so that the credibility of the institution risks to be lost if this option is restricted (Luxembourg, Sweden, Ukraine, EPP/CD). 27. For other participants, challenging credentials as a means of "sanctions" could be counterproductive to the position of the Assembly (and the Council of Europe as a whole) as an arena for dialogue and a watchdog for human rights and democracy (Greece, Norway, Serbia, Slovak Republic, Turkey, UEL). For one participant (Russian Federation), Assembly decisions of sanctioning a national delegation cannot be eligible because they are contrary to the essence of the parliamentary system and the principles of organising the work of the Council of Europe, as no one has the right to deprive elected deputies of their powers, except for their voters in regular elections. For another participant (Italy), the current system leads to a highly dubious result in terms of institutional legitimacy as it combines two distinct dimensions (judicial control and a formal decision regarding credentials with political control regarding the Council of Europe member States and their compliance with the principles and commitments stemming from their Council of Europe membership) thus affecting the very nature of the Assembly as an organisation of representatives of national parliaments, who are free and empowered to express positions that may differ from those of their national governments. 28. Concrete proposals include the following options: )> No change to the existing rules (Sweden, Ukraine, EPP/CD), thus maintaining the following options: ./ Possibility to challenge credentials on both procedural and substanlive·grounds; ./ Possibility to challenge non ratified credentials at the opening of the session or to challenge already ratified credentials in the course of a session; ./ Once challenged, at any moment and whether this challenge is based on procedural or substantive grounds, 3 possibilities: • to ratify (or confirm ratification of already ratified) credentials with no restrictions, i.e. the parliamentary delegation of the member State concerned is represented to and participates in the work of the Assembly with the same rights and obligations as any other delegation; AS/Bur/MR-PA (2018) 05 • not to ratify (or annul already ratified) credentials altogether, i.e. no parliamentary delegation of the member States concerned is represented to and participates in the work of the Assembly for the rest of the session (until the opening of the next session in January of the following year); • to ratify (or confirm ratification of already ratified) credentials but at the same time deprive the parliamentary delegation of the member State concerned of certain representation or participation rights, i.e. the member State concerned has a parliamentary delegation in the Assembly but this delegation is deprived of some of its representation and/or participation rights (not exhaustively listed in the Rules but defined in the Assembly Resolution on the challenge of credentials imposing the sanctions) such as: the right to vote in plenary or in committees, the right to speak in plenary or in committees, the right of its members to be rapporteur, the right to participate in election observation mission or in certain Assembly bodies, such as its Bureau or the Presidential Committee, etc. (see Opinion of the Rules Committee to the Bureau of the Assembly, document AS/Pro (2014) 10 def). ~ Change the Rules so as to: ,( exclude the possibility of challenging credentials on substantive grounds (Serbia); ,( provide for quorum (50%+1 of all Assembly members) and qualified majority of two thirds of those voting when credentials are challenged on substantive grounds or for imposing the sanction of deprivation of the right to vote (Serbia); ,( provide for quorum (without specifying it, currently set at one third of the total number of members of the Assembly) for the adoption of all Assembly decisions, possibly combined with fixed voting time on all reports (Netherlands); ,( provide that credentials, representation and participation rights of national delegations can only be affected in case of a fundamental breach of Council of Europe core values and principles, such as a ,. of military dictatorship, in which case, at any event, there are no elected MPs (Greece); ,( introduce objective and narrowly defined criteria for challenging credentials (Norway); v" exclude the right to speak and the right to vote (participation rights, see Rule 10.1.c) from the list of possible "sanctions" (Slovak Republic, UEL); this would also ensure that all national delegations of member States would participate in the election of judges, the Secretary General, the Deputy Secretary General, the Secretary General of the Assembly and the Human Rights Commissioner; ,,I ,( introduce a graduation of representation and participation rights depending on the level of respect by national delegations of their obligations (Malta); ,( harmonise rules governing participation and representation rights of member States between the Assembly and the Committee of Ministers so that a member State is either represented to both statutory organs of the Organisation or to none of them, if its Council of Europe membership is suspended (UEL, Turkey, as well as Resolution 2186 (2017) and Recommendation 2113 (2017)). J> Supplement the existing Rules by: v" introducing a Rule allowing the Assembly to decide on measures to be taken if a member State unilaterally decides to stop paying its contribution to the Organisation's budget (EPP/CD); v" introducing the condition that national delegations may only consist of members of parliament elected at legitimate elections held exclusively on the territory of the member State concerned within its internationally recognised borders (Ukraine, EPP/CD); v" extending grounds for challenging credentials and introducing additional mechanisms for assisting in the implementation of Assembly demands (Ukraine); v" providing that challenged credentials of national delegations may be restored only if the violation, which caused the challenge, ceased to exist (Ukraine); 29. Two delegations made proposals which are not linked to the "sanction" system of the Assembly, namely suggesting to: simplify the ratification of credentials system introducing an arrangement whereby delegations' credentials must be ratified after each parliamentary election in the State of origin, and thereafter only new members would be required, on an individual basis, to have their credentials ratified if they replaced a national colleague during his/her term of office (France); allow each delegation to fill its seats at any time during a year and not exclusively before the January part-session (Romania); the replacement within a national delegation of a representative or a substitute should not be conditioned by a resignation letter of the member who is to be replaced (Romania). ~ ' .' 7 AS/Bur/MR-PA (2018) 05 All above-mentioned proposals aimed at changing or supplementing the Rules governing ratification or challenging of credentials and/or representation or participation rights of members of national delegations can only be discussed in the context of a report by the Assembly Rules of Procedure, Immunities and Institutional Affairs Committee. Proposals regarding harmonisation of rules between the Assembly and the Committee of Ministers require prior consultation with the Committee of Ministers, possibly within the context of the Joint Committee, and may also require a modification of the Organisation's Statute. Proposals mentioned in paragraph 29 above would certainly require a modification of the Organisation's Statute. 5. Fostering Assembly relations with the Committee of Ministers and other Council of Europe organs and bodies 30. A number of participants insisted on the need to step up the political dialogue between the Assembly and the Committee of Ministers while at the same time respecting the prerogatives of the executive, on the one hand, and of the Parliamentary Assembly, on the other (Denmark, Finland, Liechtenstein, Luxembourg, Norway and UEL). One delegation (Luxembourg) also referred to the need to improve the dialogue between the Assembly and the Secretary General of the Organisation and ensure greater respect for the Assembly work by both the Committee of Ministers and the Secretary General as this would avoid conflicting approaches and enhance the credibility of the Organisation. 31. Concrete proposals include: revise the current modalities regarding the Communication by the Chairperson of the Committee of Ministers to avoid duplication and improve focus on priorities, including possibly in the context of a restructured Free Debate (EC); further develop the dialogue between the Assembly and the government of the member State holding the chairmanship of the Committee of Ministers by including an exchange of views with the Prime Minister of the State concerned and other ministers whose area of competence falls within the scope of the Committee of Ministers (Minister of Justice, Internal Affairs etc.) and/or in preparation of Council of Europe ministerial conferences (Finland); improve the content of Committee of Ministers replies to Assembly Recommendations and accelerate their adoption (UEL); the Assembly should have the capacity to exercise parliamentary oversight over the Committee of Ministers for example by calling on the Secretary General and/or the Committer of Ministers Chairmanship to report and answer questions on a specific issue (Greece) or on the follow-up given by the Committee of Ministers to its own recommendations (France); the Assembly should also be able to call upon the Committee of Ministers to at least examine the drafting of new Council of Europe conventions or of amendments and Additional Protocols to the existing ones with the Committee of Ministers being bound to take up this proposal in case such an invitation is included in an Assembly recommendation (Greece); revive Joint Committee meetings by increasing their frequency and enhancing their relevance for instance by adding on their agenda the issue of implementation of the European Court of Human Rights judgments or that of exchange of views with the Human Rights Commissioner (Cyprus); foster relations with the Secretary General of the Organisation, the Human Rights Commissioner and the Organisation's standard-setting and monitoring bodies by organising hearings with them on a more regular basis during session weeks (France), at plenary or committee level, and possibly focused on specific themes (Romania); improve the quality of the dialogue with the Secretary General of the Organisation during the Assembly part-sessions by improving the preparation (on the basis of written questions) and the handling of the question time (UEL); improve the consultation between the Secretary General of the Organisation and the Secretary General of the Assembly and ensure that it takes place on a more regular basis (Luxembourg); further strengthen the relationship between the Assembly and the Venice Commission by introducing an open channel of communication at all times (Greece). 8 AS/Bur/MR-PA (2018) 05 32. It is worth noting that a number of other concrete proposals were made in earlier Assembly texts as listed in the Summary of proposals distributed at the last meeting of the Ad hoc Committee. They mainly aim at strengthening the Assembly role in: )> the adoption of the Council of Europe budget and of its own budget (Rec 1728 (2005) and Rec 1763 (2006)): )> the supervision of Council of Europe activities, including: the elaboration of the priorities for the Organisation's intergovernmental activities and their implementation (Rec 1728 (2005) and Rec 1763 (2006)); )> . the elaboration, adoption and implementation of the conventions and other Council of Europe legal instruments (Rec 1763 (2006)), including a formal procedure with a timetable, a minimum 3 months period of consultation and the obligation of the Committee of Ministers to inform the Assembly in writing of the follow-up to its opinion/amendments (Rec 1999 (2012)); )> the Council of Europe decision-making process, including adoption of joint political declarations or resolutions on the Council of Europe in general or on its main mechanisms; consultation of the Assembly, also with respect to its involvement, before adopting or amending texts setting up new Council of Europe bodies and institutions; ensuring an efficient follow-up to the Assembly's statutory opinions and inform the Assembly on a regular basis on action taken on these opinions; enhancing the role of the Joint Committee to make it a more effective instrument of dialogue (Rec1999 (2012)), in I particular by setting up mixed working parties on major issues (Rec 1763 (2006); Committee of Ministers chairmanship to involve/consult the parliamentary delegation beforehand on the setting of their Council of Europe priorities (Rec 1999); national delegations to initiate, within their parliaments, debates with their governments due to take over the CoE Chairmanship on the setting of priorities and the follow-up thereto Res 1880 (2012); regular working relationships between chairs of rapporteur groups and working parties, as well as thematic co-ordinators, and Assembly's committee chairs, rapporteurs and general rapporteurs (Rec 1999 (2012)and Res 1880 (2012)); )> ensuring implementation of the European Convention of Human Rights through introduction of a new competence for the Assembly to bring before the European Court of Human Rights serious violations by member states of the rights guaranteed by the Conventions (Rec 1763 (2006)) and/or assisting the I. Committee of Ministers in its capacity of supervising the execution of the judgments of the Strasbourg Court (Rec 1763 12006)) I 33. As regards Committee of Ministers replies to Assembly recommendations, earlier proposals require the Committee of Minsters to actively examine Assembly recommendations in depth and in detail, providing r practical follow-up and giving a substantial reply within a period of no more than six months (Rec 1999 (2012), see also above UEL), and to inform the Assembly on member States which are blocking the adoption of decisions on replies to Assembly recommendations (Rec 1763 (2006)). The Assembly, for its part, is required to examine in detail Committee of Ministers replies to Assembly Recommendations and the follow up given to its opinions and seek clarification from the Committee of Ministers (questions to Committee of Ministers, letter, statement) (Res 1880 (2012)). 34. The Assembly has also requested to be closely associated in an appropriate way in the preparation of the draft agenda and draft declaration of the next summit of Council of Europe Heads of State and government (Resolution 2186 (2017). Recommendation 2113 (2017) and Recommendation 2114 (2017). ' ' All above-mentioned proposals, both new and older, aimed at enhancing the Assembly role vis-a-vis the Committee of Ministers or improving the dialogue between the two statutory organs, require further consultation with the Committee of Ministers. Consultation between Assembly members and the representatives of governments of member States could take place in the Joint Committee. •· · ·Some pFopased changes such as strengthening the Assembly's oversight role vis-a-vis the Committee of Ministers would eventually need revision of the Statute of the Organisation. More practical changes, such as those regarding the format of the Assembly's dialogue with the government of the member State chairing the Committee of Ministers or the format of the dialogue with the Secretary General could be introduced easier (requiring no changes in rules) by decisions at the level of the Bureau of the Assembly but always after prior consultation with the Committee of Ministers or the Secretary General. '' 9 AS/Bur/MR-PA (2018) 05 6. External relations 35. A number of participants referred to the importance of high level dialogue between the Assembly and the European Union (EU), in particular with the European Commission and the European Parliament, and the need to build up common synergies and partnerships as this would both improve the Assembly's visibility and prevent unnecessary duplication of work and resources (Cyprus, France, Netherlands). 36. Concrete proposals include: ~ promote EU accession to the European Convention of Human Rights at the forefront of the Assembly political dialogue with the various EU organs, namely the European Commission and the European Parliament (Greece, UEL; see also a significant number of earlier Assembly resolutions or recommendations, the most recent one being Recommendation 2114 (2017)); ~ set up a network of European parliamentarianism, comprising the Assembly, national parliaments and the European Parliament with the purpose of coordinating political action, streamlining communication and facilitating the flow of information, best practice, ideas and recommendations and thus enhance the harmonisation of national legislations (Greece); ~ establish direct contacts with the Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union (COSAC) (Greece); ~ organise regular hearings, either in committee or in plenary, with senior EU officials (European Commissioner responsible for the rule of law and human rights, European Commissioner responsible for justice and home affairs, head of the European Union Fundamental Rights Agency, etc.); ~ organise frequent discussions between Assembly committees and European Parliament committees (France) or otherwise foster the co-operation between the Assembly and the European Parliament, e.g. through the promotion of common projects (Bulgaria); ~ propose an evaluation of the memorandum of understanding between the Council of Europe and the European Union (UEL). 37. Earlier Assembly resolutions have made similar or more ambitious proposals such as the European Union accession to the Council of Europe Statute (originally a proposal in the 2006 Juncker report on Council of Europe- European Union: "A sole ambition for the European continent", repeated in Res 1836 @11.2 and most recently in Res 2186 (2017}). More pragmatic proposals include: ~ discuss in an Assembly - European Parliament Joint Informal Body topical issues of common interest, in a variable composition, as appropriate, or to organise jointly with the European Parliamentary interparliamentary conferences on specific topics of common interests (Res 1836 (2011); ~ enhance co-operation in joint electoral observation missions (Res 1836 (2011 ); ~ consider updating the agreement on the strengthening of co-operation between the Assembly and the European Parliament of 28 November 2007, with a view to taking into account the most recent developments since the entry into force of the Lisbon Treaty (Res 2029 (2015). 38. A number of participants referred to the need for the Assembly to enhance relations with other international and/or regional organisations or institutions (United Nations, notably via the High Commissioner for Refugees or for Human Rights, OECD etc.) and especially with their parliamentary assemblies (such as the OSCE PA) on issues of common interest (Cyprus, Finland, France, Greece, Russian Federation). One participant (Russian Federation) referred also to relations with IPU and the IPA CIS and another one referred to NATO (Greece). 39. Concrete proposals include: fine-tune the close interaction of the Assembly with other''interpailiamentary institutions, primarily the IPU, the OSCE PA, the EP, the IPA CIS, in order to resolve international conflicts and join forces in combating such dangerous trends and common threats as terrorism and extremism; focus cooperation on topics such as fight against racism, xenophobia, and aggressive nationalism as well as integration of harmonisation processes (Russian Federation); set up an internal mechanism for the prevention and the peaceful resolution of conflicts between states, including extraordinary meetings of the Committee of Ministers and the appointment of personalities to serve as mediators (Greece). "'('f. 10 AS/Bur/MR-PA (2018) 05 40. For one delegation (Greece), the Assembly would have a major role to play in a mechanism of parliamentary diplomacy especially through its Subcommittee on conflicts between Council of Europe member states, while another delegation (Netherlands) was not necessarily in favour of the Assembly engaging into more parliamentary diplomacy. 41. It is worth recalling that in its Recommendation 2114 (2017) the Assembly asked the Committee of Ministers and the Secretary General to adequately prepare a general evaluation of relations between the Council of Europe and the other main European Organisations (EU, Eurasian Economic Union, Nordic Council, OSCE, OECD) with regard to the convention-based system. Regarding relations with the OECD, for which the Enlarged Assembly is its parliamentary wing, when I met the Secretary General of the OECD in February 2018, we agreed to set up a closer and stronger co-operation underlying that the Assembly, through its 47 national parliamentary delegations, offers an excellent forum for disseminating OECD work to more than 800 million Europeans. All above-mentioned proposals, both new and older, aimed at enhancing the Assembly relations with the European Union and other international organisations or parliamentary assemblies could be addressed in the context of the Report of the Political Affairs and Democracy Committee on the Role and mission of the Assembly: main challenges for the future. I r' ' " 11