IT-TLETTAX-IL LEĠIŻLATURA
P.L. 2383
Dokument imqiegħed fuq il-Mejda tal-Kamra tad-Deputati fis-Seduta Numru 151 tal-31 ta’ Ottubru 2018 mill-Deputy Speaker, l-Onor. Claudette Buttigieg.
______Raymond Scicluna Skrivan tal-Kamra
Fourth Part of the 2018 Ordinary Session of the Parliamentary Assembly of the Council of Europe
8 - 12 October 2018 Strasbourg, France
Hon Stefan Zrinzo Azzopardi, MP Hon Etienne Grech, MP Hon David Stellini, MP
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DELEGATION TO THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE
Fouth Part-Session- 8 to 12 October 2018
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 of law that are the "common heritage" of the peoples ofEurope. I I Delegates Attending the Fourth-Part Session 2018:-
Ron David Stellini- Member- 8 to 10 October; Hon Etienne Grech- Substituting Hon Rosianne Cutajar with voting rights- 8 to 12 October; •• Hon Stefan Zrinzo Azzopardi -Substituting HonE Mallia- 8 to 12 October; and John Vella- delt:galion secretary- 8 to 12 October 2018.
Annex A - Agenda of Plenary and Committees Am1ex B - Resolutions and Recommendations adopted by the Assembly Annex C - Synopsis of Committee Meetings Assembly ,, V aclav Havel Human Rights Prize: The sixth Valclav Havel Human Rights Prize - which honours outstanding civil society action in defence of human rights -was awarded to the head of the Grozny Office of the Memorial Human Rights Center in Chechyna, Oyub Titiev (Russian Federation). The two other shortlisted nominees -Rosa Maria Paya, a young Cuban democracy and human rights activist, and Nabeel Rajah, a prominent democracy and human rights defender in Bahrain, received diplomas.
Election of Judges to the European Court of Human Rights in Strasbourg: The Assembly elected Arn:finn Bardsen and Darian Pavli in respect of Norway and Albania as judges to the European Court of Human Rights.
Election Observation: A report was presented with regard to the observation of the early presidential and parliamentary elections in Turkey on 24 June 2018.
The Assembly debates were dominated by that on the "Strengthening the decision-making process of the Parliamentary Assembly concerning credentials and voting". In view of the content of the debate, the I' Assembly decided to refer the draft resolution contained in the report back to the Committee on Ru1es of Procedure, Immunities and Institutional Affairs and that the issue will return for plenary debate at a later date. '' In brief, the Plenary Session discussed and approved 3 recommendations and !!resolutions, the text of which are at Annex B. Under current affairs debate, the Assembly discussed 'The future of the Council of Europe'.
During this part-session, the Assembly was addressed by the Mr Khemaies Jhinaoui, Minister for Foreign Affairs of Tunisia.
Mr Thorbjorn J agland, Secretary General of the Council of Europe, presented his communication to Assembly Members, and Ms Marija Pejcinovic Buric, Deputy Prime Minister and Minister of Foreign and European Affairs of Croatia, Chairperson of the Committee of Ministers of the Council of Europe, informed the Assembly in the context of the Chairmanship of the Committee of Ministers.
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- the Committee on Migration, Refugees and Displaced Persons; and (as substitute) the Committee on Culture, Science, Education and Media. I Hon Etienne Grech - the Committee on Social, Health and Sustainable Development; and (as substitute) the Committee on Equality and Non-Discrimination. ! Hon Stefan Zrinzo Azzopardi- the Committee on Culture, Science, Education and Media; and I• the Legal Affairs and Human Rights Committee.
Legal Affairs Committee meeting on Monday 8th October 2018: item 4 was a hearing on the theme "Daphne Caruana Galizia's assassination and the rule oflaw, in Malta and beyond: ensuring that the whole truth emerges" - rapporteur Mr Pieter Omtzigt - with the participation of Mr Jonathan Price, barrister, Doughty Chambers, UK, Mr Tony Murphy, partner, Bhatt Murphy Solicitors, London UK, both UK solicitors of the Caruana Galizia family, and Mr Jules Giraudat, international coordinator, Daphne Project, France.
These three speakers made the case as to the doubts that arise with regard to the impartiality of the on-going Police and Magisterial Inquiries and therefore the need for a public enquiry, with references being made to Art. 2, 7 and 10 of the European Convention of Human Rights. r' The rapporteur informed the Committee that he will be undertaking a fact-finding visit to Malta from 22 to 24 October 2018.
In his brief intervention, Hon Stefan Zrinzo Azzopardi made two points (i) that the current investigations being carried out, even with the assistance of foreign agencies/experts, have already produced results and (ii) that all three experts invited to address the Committee were hand picked by the rapporteur with two of them being the UK lawyers of the Caruana Galizia family and the other a memeber of the Daphne Project, and therefore it was highly doubtful how their interventions could be impartial and free of bias.
I I On his part, Hon David Stellini made the point that unlike what a UK Member was alleging, the Opposition has a completely different position from that of the Government on the handling of Ms Caruana Galizia's murder case. He stated that he did not want to delve into the merits of the case at that stage. However he called on the rappmteur to base his report solely on facts, not on speculation.
The Committee agreed to the Rapporteur's proposals (i) to hold a second hearing at a future meeting with representatives of the Maltese authorities and members of the Caruana Galizia family, subject to the availability of funds; and (ii) to request the Venice Commission for an opinion on Malta's constitutional arrangements, the separation of powers and the independence of the judiciary and law enforcement bodies be sought with regard to the state of the separation of powers in Malta.
The Delegation met our Permanent Representative to the Council of Europe, Dr Joseph Filletti, and his deputy, Dr Kathleen Vella, on the issues before the PACE/Council of Europe.
/ )r L/l ~i I ~L~ Hon Etie e rech rinzo Azzopardi Member Substitute Member mber
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Doc. 14609 08 October 2018
Fourth part of the 2018 Ordinary Session (8-12 October 2018)
Agenda1 I.
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1. Adopted by the Assembly on 8 October 2018. I '
I I 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
EPP/CD: 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
0 Presentation, statement (9 Deadline for tabling documents II Lists (speakers, questions) Q. Votes
Meetings outside the Chamber
Joint Committee Monday: 15:00-16:00
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 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 Tuesday: 14:00-15:30 Wednesday: 08:30-1 0:00
2 Monday 8 October 2018
Sitting No. 28 (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. 14635) 1.3. Changes in the membership of committees (Commissions (2018) 07 + Add.1) 1.4. Request for debate: 1.4.1. Current affairs debate: "The future of the Council of Europe"
1.5. Adoption of the agenda I 2. Debate 2.1. Progress report ofthe Bureau and the Standing Committee 0 Presentation by: o Ms R6sa Bjork BRYNJ6LFSD6TTIR (Iceland, UEL), Rapporteur AS/Bur (Doc. 14632, Doc.14632Add.1, Doc.14632Add. 2, Doc.14634) 2.2. Observation of the early presidential and parliamentary elections in Turkey (24 June 2018) 0 Presentation by: o Ms Olena SOTNYK (Ukraine, ALOE), Rapporteur AS/Bur (Doc. 14608) II List of speakers (deadline for registration: Monday 8 October, 10:00) ''
3. Prize Award Ceremony (12:30-13:00) 3.1. Vaclav Havel Human Rights Prize2
Sitting No. 29 (16:00-17:00)
4. Debate (continued) 4.1. Progress report of the Bureau and the Standing Committee " 4.2. Observation of the early presidential and parliamentary elections in Turkey (24 June 2018) iJ List of speakers (deadline for registration: Monday 8 October, 10:00) Q, [possibly] Vote "
t I 2. See programme published separately (AS/Inf (2018) 11 ).
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I I Tuesday 9 October 2018
Sitting No. 30 (10.00-13:00)
5. Elections (10:00-13:00) 5.1. Judges to the European Court of Human Rights tJ List of candidates in respect of: o Albania, Norway (Doc. 14605, Doc. 14603, Doc. 14632 Add. 2)
6. Debate 6.1. Strengthening the decision-making process of the Parliamentary Assembly concerning credentials and voting tJ Presentation by: o Ms Petra De SUTTER (Belgium, SOC), Rapporteur AS/Pro (Doc. 14621) 11 List of speakers (deadline for registration: Monday 8 October, 18:00) (1) Amendments (deadline for tabling: Monday 8 October, 20:00)
Sitting No. 31 (15:30-20:30)
7. Elections (continued) (15:30-17:00) 7.1. Judges to the European Court of Human Rights
8. Address (15:30-16:30) 8.1. Mr Khemaies JHINAOUI, Minister for Foreign Affairs of Tunisia Speech (15:30-15:50) Questions and replies (15:50-16:30) II Questions 9. Debate (continued) 9.1. Strengthening the decision-making process of the Parliamentary Assembly concerning credentials and voting II List of speakers (deadline for registration: Monday 8 October, 18:00) (1) Amendments (deadline for tabling: Monday 8 October, 20:00) Q, Votes on a draft resolution and a draft recommendation (Doc. 14621)
10. Debate 10.1. The treatment of Palestinian minors in the Israeli justice system tJ Presentation by: o Ms Liliane MAURY PASQUIER (Switzerland, SOC), Rapporteur AS/Soc (Doc. 14583) II List of speakers (deadline for registration: Tuesday 9 October, 12:00) (1) Amendments (deadline for tabling: Monday 8 October, 16:00) Q, Vote on a draft resolution (Doc. 14583)
4 Wednesday 10 October 2018
Sitting No. 32 (10:00-13:00)
11. [Possibly 2nd round] Elections (10:00-13:00) 11.1. Judges to the European Court of Human Rights
12. Joint debate 12.1. Regulating foreign funding of Islam in Europe in order to prevent radicalisation and lslamophobia 0 Presentation by: o Ms Doris FIALA (Switzerland, ALDE), Rapporteur AS/Pol (Doc. 14617) 12.2. Radicalisation of migrants and diaspora communities in Europe 0 Presentation by: o Ms Sahiba GAFAROVA (Azerbaijan, EC), Rapporteur AS/Mig (Doc. 14625) I' liD List of speakers (deadline for registration: Tuesday 9 October, 19:30) (!) Amendments (deadline for tabling: Monday 8 October, 16:00) Q, Vote on a draft resolution (Doc. 14617) Q, Vote on a draft resolution (Doc. 14625) i'
13. Address (12:00-13:00) 13.1. Communication from the Committee of Ministers 0 Presentation by: o Ms Marija PEJCINOVIC BURIC, Deputy Prime Minister and Minister of Foreign and .' European Affairs of Croatia, Chairperson of the Committee of Ministers of the Council of Europe 0 Parliamentary question: o (Doc. 14631) ' liD Questions (deadline for registration: Tuesday 9 October, 19:30) '
Sitting No. 33 (15:30-20:30)
14. [Possibly 2nd round] Elections (continued) (15:30-17:00) '' 14.1. Judges to the European Court of Human Rights
15. Current affairs debate 15.1. The future of the Council of Europe '' liD List of speakers (deadline for registration: Wednesday 10 October, 12:00) 16. Debate 16.1. Private and family life: achieving equality regardless of sexual orientation 0 Presentation by: o Mr Jonas GUNNARSSON (Sweden, SOC), Rapporteur AS/Ega (Doc. 14620) liD List of speakers (deadline for registration: Wednesday 10 October, 12:00) (!) Amendments (deadline for tabling: Tuesday 9 Oclober,-16:00) Q, Vote on a draft resolution (Doc. 14620)
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I I 17. Debate 17.1. Unlimited access to member States, including "grey zones", by Council of Europe and United Nations human rights monitoring bodies 0 Presentation by: o Mr Frank SCHWABE (Germany, SOC), Rapporteur AS/Jur (Doc. 14619) 1 List of speakers (deadline for registration: Wednesday 10 October, 12:00) C9 Amendments (deadline for tabling: Tuesday 9 October, 16:00) ld Votes on a draft resolution and a draft recommendation (Doc. 14619)
6 Thursday 11 October 2018
Sitting No. 34 (10:00-13:00)
18. Debate 18.1. Nuclear safety and security in Europe 0 Presentation by: o Ms Emina Nur GO NAY (Turkey, EC), Rapporteur AS/Soc (Doc. 14622) II List of speakers (deadline for registration: Wednesday 10 October, 19:00) (!) Amendments (deadline for tabling: Wednesday 10 October, 10:30) ld Vote on a draft resolution (Doc. 14622)
19. Question time (12:00-13:00) 19.1. Mr Thorbjern JAGLAND, Secretary General of the Council of Europe j, II Questions
Sitting No. 35 (15:30-20:00) r . 20. Debate 20.1. The role of national parliaments in successful decentralisation processes Cl Presentation by: o Mr Luis LEITE RAMOS (Portugal, EPP/CD), Rapporteur AS/Soc (Doc. 14623) 0 Statement by: o Ms Gudrun MOSLER-TORNSTROM, President of the Congress of Local and Regional '' Authorities of the Council of Europe II List of speakers (deadline for registration: Thursday 11 October, 12:00) (!) Amendments (deadline for tabling: Wednesday 10 October, 16:00) ld Vote on a draft resolution (Doc. 14623) ' '
21. Joint debate 21.1. Family reunification of refugees and migrants in Council of Europe member States 0 Presentation by: o Ms Ulla SANDBJEK (Denmark, UEL), Rapporteur AS/Mig (Doc. 14626) .' 21.2. Migration from a gender perspective: empowering women as key actors for integration 0 Presentation by: o Ms Gabriela HEINRICH (Germany, SOC), Rapporteur AS/Ega (Doc. 14606) o Ms Eva-Lena JANSSON (Sweden, SOC), Rapporteur for opinion AS/Mig (Doc. 14630) ' I II List of speakers (deadline for registration: Thursday 11 October, 12:00) (!) Amendments (deadline for tabling: Wednesday 10 October, 16:00) ld Votes on a draft resolution and a draft recommendation (Doc. 14626) ld Vote on a draft resolution (Doc. 14606)
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I I Friday 12 October 2018
Sitting No. 36 (10:00-13.00)
22. Debate 22.1. Deal-making in criminal proceedings: the need for minimum standards for trial waiver systems 0 Presentation by: o Mr Boriss CILEVICS (Latvia, SOC), Rapporteur AS/Jur (Doc. 14618) 1!1 List of speakers (deadline for registration: Thursday 11 October, 19:00) (!) Amendments (deadline for tabling: Thursday 11 October, 10:30) G Votes on a draft resolution and a draft recommendation (Doc. 14618)
23. Debate 23.1. The crash of Polish Air Force Tu-154M transporting the Polish State delegation, on 10 April 2010 on the Russian Federation's territory 0 Presentation by: o Mr Pieter OMTZIGT (Netherlands, EPP/CD), Rapporteur AS/Jur (Doc. 14607) 1!1 List of speakers (deadline for registration: Thursday 11 October, 19:00) (!) Amendments (deadline for tabling: Thursday 11 October, 10:30) G Vote on a draft resolution (Doc. 14607)
24. Debate 24.1. Free debate 1!1 List of speakers (deadline for registration: Thursday 11 October, 19:00) 25. Progress report 25.1. Progress report of the Bureau and the Standing Committee (continued) 0 Addendum: o (Doc. 14632 Add. 3)
26. Closure of the part-session
8 &9@ CONSEIL DE lEUROPE
SECRETARIAT
AS/Pol (2018) CB 07 15 October 2018 To the members of the Committee on Political Affairs and Democracy
Synopsis of the meetings held in Strasbourg from 8 to 11 October 2018
The Committee on Political Affairs and Democracy, meeting in Strasbourg from 8 to 11 October 2018, with Ms Ria Oomen-Ruijten (Netherlands, EPP/CD) in the Chair:
Monday 8 October 2018, 14:00- 15:00, room 9,
decided to open to the public the following items:
• hearing on Updating guidelines to ensure fair referendums in Council of Europe member States, • exchange of views with Ms Dunja Mijatovi6, Commissioner for Human Rights of the Council of Europe; ' as regards: .I
Protecting and supporting the victims of terrorism (Rapporteur: Ms Marietta Karamanli, France, SOC): heard a statement by the Rapporteur, including a declaration of absence of conflict of interest, considered an introductory memorandum and decided to declassify it, and held an exchange of views;
Follow-up to Resolution 2215 (2018) and Recommendation 2127 (2018) on The situation in Libya: prospects and role of the Council of Europe (Former Rapporteur: Mr Atti/a Korodi, '' Romania, EPP/CD): heard a statement by the former Rapporteur and took note of the reply by the Committee of Ministers; ' ' Follow-up to Resolution 2166 (2017) and Recommendation 2103 (2017) on the Political transition in Tunisia (Former Rapporteur: Mr George Loucaides, Cyprus, UEL): heard a statement by the former Rapporteur and took note of the reply by the Committee of Ministers;
Open discussion on current issues: heard a statement by Mr Bernard Sabella on the role of Europe in the search for a solution to the Palestinian-Israeli conflict;
Tuesday, 9 October 2018, 08:30-10:00, room 9, as regards:
Regulating foreign funding of Islam in Europe to prevent radicalisation and lslamophobia (Rapporteur: Ms Doris Fiala, Switzerland, ALOE): took position on 5 amendments to the draft resolution;
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This document is available on the Parliamentary Assembly Extranet website (restricted area for PACE Members) http :II assembly. coe .i nUextranet. '1
F-6?075-S~sLi®i-9~-~ 1 ·asseriitilv(@cffe.ih1 1 t~!:f 33'38841 ijj®- I Fax:f33t8)l412733 AS/Pol (2018) CB 07
Strengthening co-operation with the United Nations (Rapporteur: Mr Adao Silva, Portugal, EPP/CD): heard a statement by the Rapporteur and agreed to his proposal to change the title of the report as follows: Strengthening co-operation with the United Nations in implementing the 2030 Agenda for Sustainable Development;
Meeting of the Sub-Committee on External Relations, UN Headquarters, New York, 5-6 December 2018: took note that this meeting was authorised by the Bureau of the Assembly, heard a statement by the Vice-Chairperson of the Sub-Committee on its preparation, and decided that this meeting would be restricted to members only;
Appointment of Rapporteur: appointed Ms Maryvonne Blondin (France, 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 her a declaration of absence of conflict of interest;
World Forum for Democracy on Gender Equality: Whose Battle? (Strasbourg, 19-21 November 2018): took note of the programme of the Forum and proposed that Mr Jordi Roca (Spain, EPP/CD) be added to the list of members of the ad hoc committee of the Bureau;
Wednesday, 10 October 2018, 14:45-15:30, room 9, as regards:
Updating guidelines to ensure fair referendums in Council of Europe member States (Rapporteur: Dame Cheryl Gillan, United Kingdom, EC): held a hearing with the participation of Mr Nicos C. Alivizatos, Professor of Constitutional Law, Department of Public Law, Faculty of Law, University of Athens, and expert of the Venice Commission on referendums; considered a preliminary draft report and decided to declassify it; took note of the Rapporteur's intention to send the preliminary draft report to all members inviting them to send her their comments/suggestions before 30 October 2018;
Thursday, 11 October 2018,09:00-10:00, room 9, as regards:
Institutional representation of the Committee: heard a statement by Mr Titus Corlii\ean (Romania, SOC) on his participation in the 761h plenary meeting of the European Commission Against Racism and Intolerance (ECRI), Strasbourg, 19-22 June 2018;
Parliamentary Conference on "Building democratic security in the Mediterranean: common challenges, shared responsibility", Dubrovnik, Croatia, 6 November 2018: took note of the revised draft programme; approved the composition of the ad hoc Sub-Committee; was informed that the Conference was open to all members: was reminded that participation forms should be returned by 15 October 2018; and appointed Mr George Loucaides (Cyprus, UEL) as Chairperson of the ad hoc Sub-Committee;
Exchange of views with Ms Dunja Mijatovic, Commissioner for Human Rights of the Council of Europe: heard a statement from, and held an exchange of views with, Ms Mijatovi6 on her priorities and current activities:
Changes in the composition of the Sub-Committees: approved the following changes:
• Sub-Committee on External Relations:
Ms Jutta Urpilainen (Finland, SOC) to become alternate to Ms Maria Guzenina (SOC),
Ms Boriana Aberg (Sweden, EPP/CD) to become member instead of Mr Jonas Gunnarsson,
• Sub-Committee on relations on the OECD and the EBRD:
Mr Ahmet Onal t;;evikoz (Turkey, SOC) to become member with Ms Emine Nur Gunay (EC) as his alternate;
2 AS/Pol (2018) CB 07
Authorisations by the Committee: authorised Mr Tiny Kox (Netherlands, UEL), Rapporteur on the Role and mission of the Assembly: main challenges for the future, to hold bilateral contacts with the Finnish authorities in the context of the preparation of his report in conjunction with the Standing Committee meeting in Helsinki {23 November 2018);
Next meetings: decided on forthcoming meetings as follows:
• Dubrovnik, 6 November 2018, ad hoc Sub-Committee to participate in the Conference on "Building democratic security in the Mediterranean: common challenges, shared responsibility" • Sub-Committee on External Relations, United Nations, New York, 5-6 December 2018 • Paris, 11 December 2018.
D. Chatzivassiliou, J. Ary, P. Chevtchenko, S. Arzilli
I cc. Secretary General of the Assembly Directors 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 r. 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.'
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3 AS/Mig (2018) OJ 07 1 ' 1 October 2018 amoj07_2018 Committee on Migration, Refugees and Displaced Persons Draft agenda
of the meeting to be held in Strasbourg on - Tuesday, 9 October 2018, from 8.30 to 10.00 am (Room 8) Wednesday, 10 October 2018, from 2.00 to 3.00 pm (Room 8) ! - Thursday, 11 October 2018, from 8.30 to 10.00 am (Room 8)
A meeting of the Sub-Committee on Integration is foreseen for Wednesday, 10 October from r· 3.00 to 3.30 pm (room 8).
1. Agenda [AS/Mig (2018) OJ 07]
Adoption of the agenda
2. Minutes [AS/Mig (2018) PV 06]
Approval of the draft minutes of the meeting held in Paris on 21 September 2018
3. Statement by the Chair of the Committee [AS/Bur/CB (2018) 11] [AS/Bur/CB (2018) 12] r , 4. Radicalisation of migrants and diaspora communities in Europe Rapporteur: Ms Sahiba Gafarova, Azerbaijan, EC [Doc. 14625] [Amendments to Doc. 14625]
Consideration of possible amendments tabled to the draft resolution [Assembly debate: Wednesday, 10 October 2018 morning]
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 I'
Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe.int/extranet. J I AS/Mig (2018) OJ 07
[Deadline for tabling amendments: Monday, 8 October at 4 pm] 5. Exchange of views on two reports: Missing refugee and migrant children in Europe (Rapporteur: Ms Serap Ya~ar, Turkey, EC) and Concerted action on human trafficking (Rapporteur: Mr Vernon Coaker, United Kingdom, SOC) [TrafFicking in children- GRETA report]
Exchange of views with representatives (tbc) of:
./ the Council of Europe Convention on Action against Trafficking in Human Beings (GRETA)
./ the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention)
./ UNICEF
W~dn~silay, 10 Octol>~f;2018 (2.oo to 3lOO,pr;i\)
6. Parliamentary Campaign to End Immigration Detention of Children
Presentation of a Campaign video
Call for participation in a visit to the transit zone Riiszke, Hungary (12 November 2018)
Exchange of views with:
./ Ms Elena Baroni, Lawyer, Registry of the European Court of Human Rights on the case law regarding immigration detention of children
./ Mr Jan Malinowski, Executive Secretary of the European Committee of Social Rights on the decision of the European Committee of Social Rights on the complaint No.114/2015 EUROCEF v. France
7. Family reunification of refugees and migrants in the Council of Europe member States Rapporteur: Ms Ulla Sandbrek, Denmark, UEL [Doc. 14626] [Amendments to Doc. 14626]
Consideration of possible amendments tabled to the draft resolution and the draft recommendation [Assembly debate: Thursday, 11 October 2018 afternoon] [Deadline for tabling amendments: Wednesday, 10 October at 4.00 pm]
B. The situation of migrants in Morocco and the Kingdom of Morocco's role in the UN Global Compact for Safe, Orderly and Regular Migration
Exchange of views with Mr Lahbib Nadir, Secretary General of the Ministry responsible for Moroccans abroad and Migration Affairs of the Ministry for Foreign Affairs and International Co-operation
9. Parliamentary Network on Diaspora policies [AS/Mig/Dia (2018) 07 final]
Statement by Mr Duarte Marques (Portugal, EPP/CD), Coordinator of the Network, on the Regional Conference of the Parliamentary Network on Diaspora Policies in Kyiv (24 September 2018)
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10. Sub-Committee on Diasporas
Statement by Mr Duarte Marques (Portugal, EPP/CD), Chairperson of the Sub-Committee, on the meeting held in the context of the Regional Conference of the Parliamentary Network on Diaspora Policies in Kyiv (24 September 2018)
11. Sub-Committee on Integration
Statement by Mr Georgios Psychogios (Greece, UEL), Chairperson of the Sub-Committee, on the meetings held in Strasbourg on 25 June and 10 October 2018
12. World Forum for Democracy on "Gender Equality: Whose battle?" (Strasbourg, 19-21 November 2018) [Draft programme]
Appointment of members to the ad hoc Committee of the Bureau to participate in the Forum
13. Work programme [AS/Mig/WP (2018) 07] !' Appointments of rapporteurs for reports
Violence and discrimination against religious minorities in refugee camps across Europe [Doc. 14429] The protection of victims of forced displacement under international law ,, [Doc. 14548]
14. Recommendation 2117 (2017) on "Child-friendly age assessment for unaccompanied migrant children" (Rapporteur: Ms Doris Fiala, Switzerland, ALDE) [Rec. 2117 (2017)] [Doc.14600]
Consideration of the reply from the Committee of Ministers to Recommendation 2117 (2017)
15. Representation of the Committee at various events
Appointment
12'" Meeting of the Committee of experts on administrative detent'1on of migrants (CJ-DAM), 10-12 December 2018, Strasbourg .'
16. Composition of the Sub-Committees [AS/Mig/List (2018) 07]
Possible modifications of the composition of the Sub-Committees
17. Free debate
18. Other business
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3 AS/Mig (2018) OJ 07
19. Next meetings
• Paris, 5 December 2018 • Strasbourg, during the 1' 1 part-session 2019 (21-25 January) • Paris, 26 March 2019 (tbc) • Strasbourg, during the 2nd part-session 2019 (8-12 April) • Paris, 16 May2019(tbc) • Strasbourg, during the 3rd part-session 2019 (24-28 June) • Paris, 6 September 2019 (tbc) • Strasbourg, during the 4th part-session 2019 (30 September-4 October) • Paris, 2 December 2019 (tbc)
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AS/Jur (2018)0J 071liv ~ 11 Q/:t91;l@{.?o~s ajoj07 2018$i''\'2
Committee on Legal Affairs and Human Rights
for the meetings to be held in Strasbourg (Palais de I'Europe) on: I. - Monday 8 October 2018 at 2pm-3pm (Room 1) Tuesday 9 October 2018 at 8.30am-l,ilam (Room 10) 1 [Tuesday 9 October 2018 at (;JIIm-10am (Room 10) ] - Wednesday 10 October 2018 at 2pm-3.30pm (Room 10) 2 - [Thursday 11 October 2018 at 9.15am- 1Oam (Room 10) ] Thursday 11 October 2018 at 2pm- 3.30pm (Room 1 0)
r , Monday 8 October 2018 at 2pm-3pm
1. Agenda [AS/Jur (2018) 07 Rev 2]
Adoption of the agenda
2. Minutes [AS/Jur (2018) PV 06 ''
Approval of the minutes of the meeting held in Paris on 10 September 2018. ' '
1 The Sub-Committee on Human Rights will meet on Tuesday 9 October 2018 in Room 10 from 9~5-10am, 2 The Sub-Committee on the implementation of judgments of the European Court of Human Rights will meet on Thursday 11 October2018 in Room 10 from 9.15-10am.
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 of political groups
Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe.inUextranet. ! I AS!Jur (2018) OJ 07 Rev2
3. Restrictions on NGO activities in Council of Europe activities Rapporteur: Ms 0/ena Sotnyk (Ukraine, ALOE)
Proposal to seize the Venice Commission for an opinion on the Hungarian tax law of 20 July 2018 which imposes a special tax on NGOs working on immigration issues
Hearing: 4. Daphne Caruana Galizia's assassination and the rule of law, in Malta and beyond: ensuring that the whole truth emerges (open to the public, t.b.c.} Rapporteur: Mr Pieter Omtzigt, Netherlands, EPPICD [AS/JUR (2018} 30]
Hearing with the participation of:
Mr Jonathan Price, Barrister, Doughty Street Chambers, London, United Kingdom Mr Tony Murphy, Partner, Bhatt Murphy Solicitors, London, United Kingdom Mr Jules Giraudat, International Co-ordinator, Daphne Project, France
*****
Tuesday 9 October 2018 from 8.30am-9.45am
Hearing 5. The implementation of judgments of the European Court of Human Rights- 1 O'" report Rapporteur: MrEvange/os Venizelos, Greece, SOC [AS/Jur (2018) 45]
Hearing with the participation of:
Mr Martin Kuijer, Venice Commission substitute (The Netherlands}, Senior Legal Adviser, Ministry of Security and Justice, Professor, VU University Amsterdam, The Netherlands Ml tqeolge $tafford, Co-lj>irector, European Implementation Network, $tr~sbourg, Franc¢
6. Possible motions for resolution to be presented on behalf of the Committee on Legal Affairs and Human Rights [motions for resolution]
Fighting corruption. General principles of political responsibility Urgent need to strengthen Financial Intelligence Units- sharper tools needed to improve confiscation of illegal assets.
7. Appointment of rapporteurs [Appointment procedure documen! [AS/Jur (2018) 27] Rapporteur table]
For report:
General Rapporteur on the situation of human rights defenders {t.b.c.}
For opinion:
Democracy hacked? How to respond? Rapporteur for the Committee on Political Affairs and Democracy: Mr Frithjof Schmidt (Germany, SOC}
2 AS/Jur (2018) OJ 07 Rev2
8. Follow-up to the debate under urgent procedure on "Ukrainian citizens detained as political prisoners by the Russian Federation" Rapporteur: Mr Emanuelis Zingeris, '=ithuania, EPPICD [S ~ ~tX'"T.. 11m~.1
Draft statement for adoption
*****
Tuesday 9 October 2018 from S.lllllrl-10am {Sub-Committee on Human Rights- for information)
*****
Wednesday 10 October 2018 at 2pm-3.30pm i 9. IJnlilllitei:f• aC:Clls's·. t Consideration of amendments to the draft resolution 10. Abolition of the Death Penalty: 161" World Day against the Death Penalty General Rapporteur: Mr Yves Cruchten, Luxembourg, SOC l. [AS/Jur (2018) if'! $t.l.t~111~n!J Exchange of views with Mr Valiantsin Stefanovic, Deputy Chairman of the Human Rights Center Viasna, Minsk, Belarus Consideration of a revised memorandum and adoption of a declaration 11. Human rights and business- what follow-up to Committee of Ministers Recommendation CM/Rec(2016)3? I' Rapporteur: Mr Elshad Hasanov, Azerbaijan, FOG, [AS/Jur (2018) ('!§] Consideration of an introductory memorandum t ' 12. Sub-Committee on Human Rights [AS/Jur/DH (2018) OJ 03,] Report by the Chairperson of the sub-committee on the meeting held in Strasbourg on Tuesday 9 October 2018, Hearing: 13, Ensuring greater follow-up of CPT recommendations: enhanced role of the Parliamentary Assembly and of national parliaments Rapporteur: Mr Damir Arnaut, Bosnia and Herzegovina, EPP/CD [AS/Jur (2018) ~~ ' ' Hearing with the participation of: Mr George Tugushi, CPT expert, former Ombudsman in Georgia, member of the Georgian Parliament, Tbilisi, Georgia 3 AS/Jur (2018) OJ 07 Rev2 Ms Barbara Bernath, Secretary General, Association for the Prevention of Torture, Jean-Jacques Gautier Centre, Geneva, Switzerland 14. World Forum for Democracy [Programme, World Forum for Democracy on 19-21 Novemper 2018 in Strasbourg] ***** Thursday 11 October 2018 from 9.15-10am {Sub-Committee on the implementation of judgments of the European Court of Human Rights - for information) ***** Thursday 11 October 2018 from 2pm-3.30pm 15. Deal-making in criminal proceedings: the need for minimum standards for trial waiver systems Rapporteur: Mr Boriss Cite vies, Latvia, SOC [Ooc. 14618 +amendments] Consideration of amendments to the draft resolution 16. The crash of Polish Air Force Tu-154 transporting the Polish delegation on 10 April2010 on the Russian Federation's territory (t.b.c.) Rapprorteur: Mr Pieter Omtzigt, Netherlands, EPPICD [Doc. 14607 +amendments] Consideration of amendments to the draft resolution 17. Improving the protection of whistleblowers all over Europe Rapporteur: Mr Sylvain Waserman France, ALOE [ASIJur (2018) 4Q] Consideration of an introductory memorandum 18. Thematic debate on Topical Human Rights issues Exchange of views with Mr Jan Kleijssen Director, Information Society - Action against Crime I Artificial Intelligence Coordinator for the Council of Europe, followed by a debate. !19. Sub-Committee on artiflci~l int.lliger\ce and huhl~n tight~ [concept paper] Proposal to replace the Sub-Committee on Crime Problems and the fight against t ei-roiism with 20. Possible election of the 3'd Vice-Chairperson of the committee 21. Replies from the Committee of Ministers to recommendations emanating from the committee [ASIJur (2018) 41, AS/Jur (2018) 42 Doc. 14614, Doc. 14616] 4 AS/Jur (2018) OJ 07 Rev2 22. Participation of members in conferences, meetings, seminars etc Report by the following representatives: • 80th plenary meeting of GRECO, 18-22 June 2018: Mr Georgii Logvynskyi, Ukraine, EPP/CD 1 • 56 " plenary meeting of MONEYVAL, 2-6 July 2018: Mr Titus Corlatean, Romania, SOC ~~PQft~ hyt~i¢!J~ir: ' '· Glg9l;ll~liaf!cef!lr· T~rturHr~ ;f'r~i. · fvli[li§firlif rn~~Jtihg, .· N~w York,. Vliit'i(l $!~~~~.!If ®~irl~ 241!>$~J:!t~li~r~.0.1.a , O~Eil-loina!'!,Dlrnenl)i 00 ... 1mplernentaiionliileeting:,: sid~vent:,otr ... En\!inQ \f!~'.. ·t9rhJfe. tf~~e! oj:!poftunities for OSeE engagem13n!, Warsaw, Poland, 12 Septerri6er201a · · 23. Other business 24. Next meetings Plenary Committee: Paris, 13 December 2018 (Council of Europe Office) Strasbourg, during the Assembly's 1st part-session of 2019 (21-25 January 2019) Paris, 4 March 2019 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 2"' part-session of 2019 (8-12 April 2019) Paris, ?1 May 2019 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 3'' part-session of 2019 (24-28 June 2019) Paris, 9 September 2019 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 41" part-session of 2019 (30 September- 4 October 2019) Place and date in November 2019 to be confirmed, (subject to approval by the Bureau and the availability of funds) Paris, 10 December 2019 (Council of Europe Office) (to be confirmed) .' ***** SUB-COMMITTEE MEETINGS DURING THE 4th PART-SESSION: I I Sub-Committee on Human Rights: • Strasbourg, Tuesday 9 October 2018 in Room 10 from ~-t$-10am (Room 10), Sub-Committee on the implementation of judgments of the European Court of Human Rights • Strasbourg, Thursday 11 October 2018 in Room 10from 9.15-10am (Room 10) I I I l 5 ·'·-tSEf &J:£~ smr-ldt- T IE I CON SElL DE I.: EUROPE AS/Cult (2018) OJ 07 28 September 2018 AAC OJ07_18 Committee on Culture, Science, Education and Media Draft agenda of the meeting to be held in Strasbourg, Palais de !'Europe, on: I Thursday 11 October 2018 from 8.30 am to 1 0 am (Room 6) Thursday 11 October 2018 from 2 pm to 3.30 pm (Room 6) r, Please note: Monday 8 October 2018 from 2 pm to 3 pm (Room 6): Meeting of the Sub-Committee on Culture, Diversity and Heritage Tuesday 9 October 2018 from 8.30 am to 10 am and Wednesday 10 October 2018 from 2 pm to 2.45 pm (Room 6): Meeting of the Sub-Committee on Media and Information Society .' Wednesday 10 October 2018 from 2.45 pm to 3.30 pm (Room 6): Meeting of the Sub-Committee on Education, Youth and Sport " To the attention of the committee members: The hearing on "Information society, democracy and human rights" which will be held on Tuesday 9 October 2018 (starting at 8.30 am, Room 6) is of significant interest for the entire committee. It is organised at the sub-committee level only because it was not possible to get the time slot for a plenary committee sitting on Tuesday. All committee members are strongly encouraged to attend it. '' Thursday 11 October 2018 from 8.30 am to 10 am (Room 6) I I 1. Agenda [AS/Cult (2018) OJ 07] Adoption of the agenda 2. Minutes This draft agenda, addressed to members of the committee and their alternates, is the convocation to the meeting I I Copy to Secretaries of delegations and political groups I I Meeting documents will be published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe.int/extranet. f.¥. 6701'5 Stras~ Cedex [email protected] ] Tel: +33 3-S:S 41 :?:cfCitJ ]---Fax: +33 3 88 41 27 97 AS/Cull (2018} OJ 07 Approval of the minutes of the meeting held in Tbilisi on 25 September 2018: item postponed to the meeting in December 2018 3. World Forum for Democracy- Strasbourg, 19-21 November 2018 1 [Draft programme] Appointment of members to the ad hoc Committee of the Bureau to participate in the Forum 4. Strengthening the role of young people in the prevention and resolution of conflicts (open to the public) Rapporteur: Ms Judith Pal/ares, Andorra, ALOE Exchange of views with the participation of: Mr Ramon Tena Pera, Director of Dialoga, Andorra, and trainer at the Council of Europe Youth Peace Camp Mr Rui Gomes, Head of Education and Training Division, Youth Department, DGII- Directorate General of Democracy, Council of Europe {lbc) 5. The value of cultural heritage in a democratic society Rapporteur: Alexander [the Earl of] Dundee, United Kingdom, EC [AS/Cull (2018) 21] Oral proposal by the rapporteur concerning the content of a draft resolution Thursday 11 October 2018 from 2 pm to 3.30 pm (Room 6) 6. Safeguarding and enhancing Europe's intangible cultural heritage Rapporteur: Mr Andries Gryffroy, Belgium, NR [AS/Cult (2018) 32] Consideration of a preliminary draft report 7. The role of education in the digital era: from "digital natives" to "digital citizens" Rapporteur: Mr Constant/nos Efstathiou, Cyprus, SOC [AS/Cult (2018) 24] Oral proposal by the rapporteur concerning the content of a draft resolution 8. References to the committee and appointment of rapporteurs' [AS/Cult/In! (2018) 01- October] 9. Follow-up of replies from the Committee of Ministers 1 [AS/Cult/MIS (2018) 02; AS/Cult/MIS (2018) 03; AS/Cult/EYS (2018) 04] Consideration of proposals for follow-up, subject to their approval by the respective sub-committee: Reply from the Committee of Ministers (Doc. 14393) to Recommendation 2097 (2017) "Attacks against journalists and media freedom in Europe"- proposal of follow-up from the Sub-Committee on Media and Information Society Reply from the Committee of Ministers (Doc. 14468) to Recommendation 2111 (2017) "Political influence over independent media and journalists"- proposal of follow-up from the Sub-Committee on Media and Information Society Reply from the Committee of Ministers (Doc.14602) to Recommendation 2120 {2018) on "Working towards a framework for modern sports governance" - proposal of follow-up from the Sub-Committee on Education, Youth and Sport 10. Composition of sub-committees' [AS/Cult (2018) 02- October] 1 This item may be tal 11. Committee work programme' [AS/Cult (2018) 01- October] 11 .1. Extension of references 11.2. Reports on recent meetings 11.3. Approval of rapporteurs' fact-finding visits 11.4. Appointment of representatives for forthcoming events 11.5. Draft motions of resolutions and recommendations 11.6. Sub-committees 12. Other business 13. Next meetings Meetings of the committee Paris, 6-7 December 2018 Joint meeting of the Sub-Committee on Education, Youth and Sport with the Sub-Committee on Children (of the Committee on Social Affairs, Health and Sustainable Development): i Tbilisi, 17-18 October 2018 t' I ' ' ' ' ~ ' l I 2 This item may be taken at any time 3 CONSEIL DE ~EUROPE AS/Ega (2018) OJ 07 28 September 2018 Committee on Equality and Non-Discrimination Draft agenda of the meeting to be held in Strasbourg on Monday 8 October 2018, from 2 to 3 pm, room 3 Tuesday 9 October 2018, from 8.30 to 10 am, room 1: joint meeting with the Committee on Social Affairs, Health and Sustainable Development Wednesday 10 October 2018, from 2 to 3.30 pm, room 3 r. Thursday 11 October 2018, from 8.30 to 10 am, room 3 Thursday 11 October 2018, from 2 to 3.30 pm, room 3: joint meeting with the Parliamentary Network Women Free from Violence " Monday 8 October 2018, from 2 to 3 pm, room 3 1. Agenda [AS/Ega (2018) OJ 07] " Adoption of the draft agenda. 2. Minutes [AS/Ega (2018) PV 06] .' Approval of the draft minutes of the meeting of the committee held in Paris on 19 September 2018. 3. Making sign language one of Europe's official languages .' Rapporteur: Ms Miren Edurne Gorrotxategui (Spain, UEL) [AS/Ega (2018) 45] Consideration and approval of a draft report; adoption of a draft resolution and a draft recommendation. 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://assembly.coe.int/extranet l I AS/Ega (2018) OJ 07 i 4. For a disability-inclusive workforce Rapporteur: Mr Adao Silva (Portugal, EPP/CD) [AS/Ega (2018) 44] Consideration and approval of a draft report; adoption of a draft resolution. 5. World Forum for Democracy [Programme] Appointment of representatives to the Ad Hoc Committee of the Bureau of the Assembly to participate in the World Forum for Democracy which will take place from 19 to 21 November 2018 in Strasbourg, on the topic "Women's participation in public and political affairs" (at no cost to the Assembly). 6. Sub-committees [tbc] [Lists] Approval of changes to the composition of sub-committees. Tuesday 9 October 2018, from 8.30 to 10 am, room 1: joint meeting with the Committee on Social Affairs, Health and Sustainable Development 7. Protecting the rights of persons with psychosocial disabilities with regard to involuntary measures in psychiatry Rapporteur of the Committee on Social Affairs, Heath and Sustainable Development: Ms Reina de Bruijn-Wezeman (Netherlands, ALOE) Rapporteur of the Committee on Equality and Non-Discrimination (for opinion): Ms Sahiba Gafarova (Azerbaijan, EC) Hearing with the participation of: Ms Beatrice loan, Chairperson of the Council of Europe Committee on Bioethics; Ms Catalina Devandas-Aguilar, United Nations Special Rapporteur on the rights of persons with disabilities; Ms Dunja Mijatovi6, Council of Europe Commissioner for Human Rights; Ms Olga Runciman, Psychologist and owner of Psycovery. Wednesday 10 October 2018, from 2 to 3.30 pm, room 3 8. Private and family life: achieving equality regardless of sexual orientation Rapporteur: Mr Jonas Gunnarsson (Sweden, SOC) [Doc. 14620] [Compendium of amendments] Consideration of possible amendments to the draft resolution. 9. Protecting the rights of people with psychosocial disabilities with regard to involuntary measures in psychiatry Rapporteur (for opinion): Ms Sahiba Gafarova (Azerbaijan, EC) [AS/Soc (2018) 33 rev. ; AS/Ega (2018) ... ] Consideration of draft comments on the revised Draft Additional Protocol concerning the protection of human rights and dignity of persons with mental disorder with regard to involuntary placement and involuntary treatment. 2 AS/Ega (2018) OJ 07 10. Promoting the rights of persons belonging to national minorities Rapporteur: Mr Viorel Riceard Badea (Romania, EPP/CD) [AS/Ega (2018) ... ] Consideration of a preliminary draft report. Thursday 11 October 2018, from 8.30 to 10 am, room 3 11. Migration from a gender perspective: empowering women as key actors for integration Rapporteur: Ms Gabriela Heinrich (Germany, SOC) [Doc. 14606] [Compendium of amendments] Consideration of possible amendments to the draft resolution. 12. Discrimination in access to employment Rapporteur: Mr Dam/en Thiery (Belgium, ALOE) ! [AS/Ega (2018) 46] Consideration and approval of a draft report; adoption of a draft resolution. 13. An ambitious Council of Europe agenda for gender equality Rapporteur: Ms Elvira Kovacs (Serbia, EPPICD) [AS/Ega (2018) ... ] Consideration of an introductory memorandum. ., 14. Work programme [AS/Ega/lnf (2018) 01 rev.5; AS/Egallnf (2018) ... ] ' , i. Consideration of the work programme. ii. Appointment of rapporteurs for report on: Ethnic profiling in Europe: a matter of high concern, motion for a resolution tabled by Mr Boriss Cilevics and other members of the Assembly [Doc. 14545]; '' Preserving Europe's linguistic, ethnic, cultural and national diversity, motion for a resolution tabled by Ms Elvira Kovacs and other members of the Assembly [Doc. 14553]. iii. Appointment of a General Rapporteur on Violence Against Women. ' [Mandate] ' 15. Appointment of representatives (subject to the availability of funds) 16. Reporting back Debriefing on the participation of the ad hoc sub-committee to participate in the Regional conference on women in politics: how to progress towards equality? (Rabat, 5 July 2018) and consideration of the possible follow-up to be given. t ' I l 3 AS/Ega (2018) OJ 07 17. Other business 18. Next meetings of the Committee Paris, 3 December 2018 (Council of Europe Office); - Strasbourg, during the 1'1 part-session 2019 of the Assembly (21-25 January). Thursday 11 October 2018, from 2 to 3.30 pm, room 3: joint meeting with the Parliamentary Network Women Free from Violence 19. Hearing: Is there a backlash against women's rights? 4 AS/Soc (2018) OJ 06 26 September 2018 Asocoj06_2018 Committee on Social Affairs, Health and Sustainable Development Draft agenda for the meetings to be held in Strasbourg on Tuesday, 9 October 2018, from 8 to 8.30 am [Room 1] • Tuesday, 9 October 2018, from 8.30 to 10 am [Room 1] .' Wednesday, 10 October 2018, from 2 to 3.30 pm [Room 7] Thursday, 11 October 2018, from 2 to 3.30 pm [Room 7] r , [Sub-Committee on Children, room 7 on Monday, 8 October 2018, from 2 to 3 pm] Tuesday, 9 October 2018, from 8 to 8.30 am [Room 11 1. Agenda [AS/Soc (2018) OJ 06] Adoption of the draft agenda 2. Minutes [AS/Soc (2018) PV 05, AS/Soc (2018) PV 05add, AS/Soc (2018) PV 05add2] .Approval of the draft minutes of the meeting held in Lisbon, Portugal, on 17-18 September 2018; .Approval and declassification of the minutes of the hearing on "Anonymous donation of gametes: ' . balancing the rights of parents, donors and offspring", held in Lisbon, Portugal, on 17 September 2018; .Approval and declassification of the minutes of the hearing on "The United Nations Sustainable Development Goals- how parliaments and member States of the Council of Europe can contribute", held '' in Lisbon, Portugal, on 18 September 2018. * Interpretation will be provided in English and French only. This draft agenda, addressed to members of the Committee and their alternates, is the convocation to the meeting Copy to Secretaries of National Delegations and of observer and partner for democracy delegations I ' Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe.int/extranet. I I f- 6797$ St}~s~cfuTQ c~q-~x I ass~mb)y@pqe.[rlt -i Tel: +33 3 8841 2PPO I Fax: +33 3 8841 2733 AS/Soc (201 B) OJ 06 3. The treatment of Palestinian minors in the Israeli justice system Rapporteur: Ms Liliane Maury Pasquier, Switzerland, SOC [Doc. 14583, amendments] Consideration of amendments Tuesday, 9 October 2018, from 8.30 to 10 am [Room 11 4. Protecting the rights of people with psychosocial disabilities with regard to involuntary measures in psychiatry Rapporteur: Ms Reina de Bruijn-Wezeman, Netherlands, ALOE [ASISoc/lnf (2018) 06, AS/Soc (2018) 16rev, AS/Soc (2018) 33, AS/Soc (2017) 18, draft Additional Protocol and draft explanatory memorandum, statement by the CPRD] Joint public hearing with the Committee on Equality and Non-Discrimination with the participation of: ifMs Beatrice Gabriela loan, Chairperson of the Council of Europe Committee on Bioethics; ifMs Catalina Devandas Aguilar, United Nations Special Rapporteur on the rights of persons with disabilities; ifMs Dunja Mijatovi6, Council of Europe Commissioner for Human Rights; if Ms Olga Runciman, Psychologist and owner of Psycovery; Wednesday, 10 October 2018. from 2 to 3.30 pm [Room 71 5. Nuclear safety and security in Europe Rapporteur: Ms Emine Nur GOnay, Turkey, EC [Doc. 14622, amendments] Consideration of amendments 6. Addressing the health needs of adolescents in Europe Rapporteur: Baroness Doreen Massey, United Kingdom, SOC [AS/Soc (2018) 35] Consideration of a preliminary draft report 7. Committee's work programme and priorities [AS/Soc (2018) 01 revS, AS/Soc (2018) 02rev5] 7.1. Appointment of rapporteurs: 7.2. Appointment of Committee representatives to external events: 7.3. Consideration of draft motions for a resolution/recommendation with a view to adoption by the Committee for tabling: [AS/Soc (2018) 36] if Involuntary addiction to prescription medicines 7.4. Reports from Committee representatives to external events: if "Industrial relations in Europe: Fostering equality at work and cross-country convergence?", ILO Conference organised with the cooperation of the European Commission, Paris, France, 17-18 May 2018: Mr Andrej Hunko (Germany, UEL); if World Congress on Justice for Children, Paris, France, 28-30 May 2018: Mr Valeriu Ghiletchi (Republic of Moldova, EPP/CD); if General Assembly and Youth Meeting 2018, Association of Towns Awarded the Europe Prize, Lublin, Poland, 2 June 2018: Mr lonut-Marian Stroe (Romania, EPP/CD); if Ceremony of the Europe Prize, lvano-Frankivsk, Ukraine, 28 September 2018: Mr Jaak Madison (Estonia, EC); 2 AS/Soc (2018) OJ 06 8. Changes in Sub-Committees [List of the Sub-Committees] Thursday, 11 October 2018, from 2 to 3.30 pm [Room 71 9. The role of national parliaments in successful decentralisation processes Rapporteur: Mr Luis Leite Ramos, Portugal, EPP/CD [Doc. 14623, amendments] Consideration of amendments 10. 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) 16rev, AS/Soc (2018) 33rev, draft Additional Protocol and draft explanatory memorandum, statement by the CPRD] Consideration of draft comments on the draft Additional Protocol to the Convention on Human Rights and Biomedicine concerning the protection of human rights and dignity of persons with mental disorder with regard to involuntary placement and involuntary treatment, with a view to their adoption I. 11. Sub-Committee on Children Report by the Chairperson of the Sub-Committee on its meeting in Strasbourg on 8 October 2018 12. Other business National developments 13. Date and place of next meetings Plenary committee: Tuesday, 4 December 2018, Paris (Council of Europe Office); First part-session 2019 of the Assembly (21-25 January 2019), Strasbourg; Tuesday, 19 March 2019, Paris (Council of Europe Office) (to be confirmed); Second part-session 2019 of the Assembly (8-12 April 2019), Strasbourg; - Wednesday, 15 May 2019, Paris (Council of Europe Office) {to be confirmed); - Third part-session 2019 of the Assembly (24-28 June 2019), Strasbourg; - Wednesday, 12 September 2019, Paris (Council of Europe Office) (to be confirmed); - Fourth part-session 2019 of the Assembly (30 September- 4 October 2019), Strasbourg; '' - Tuesday, 3 December 2019, Paris (Council of Europe) (to be confirmed). Sub-Committee on Children: ' ' Joint meeting with the Sub-Committee on Education, Youth and Sport: Wednesday 17 October and Thursday 18 October 2018, Tbilisi, Georgia. k' I I 3 AS/Pol (2018) OJ 07 21 September 2018 Apoj07 _18 Committee on Political Affairs and Democracy Draft agenda of the meetings to be held in Strasbourg, Palais de !'Europe, on: . Monday 8 October 2018, 14:00-15:00, room 9 . Tuesday 9 October 2018, 08:30-10:00, room 9 . Wednesday 10 October 2018, 14:45-15:30, room 9 . Thursday 11 October 2018, 08:30-10:00, room 9 r, Monday. 8 October 2018. 14:00 -15:00. room 9 1. Agenda [AS/Pol (2018) OJ 07] Adoption of the agenda 2. Minutes [AS/Pol (2018) PV 06] Approval of the minutes of the meeting held in Paris on 11 September 2018 3. Protecting and supporting the victims of terrorism Rapporteur: Ms Marietta Karamanli, France, SOC [AS/Pol (2018) 11] Consideration of an introductory memorandum 4. Follow-up to Resolution 2215 (2018) and Recommendation 2127 (2018) on The situation in Libya: prospects and role of the Council of Europe Former Rapporteur: Mr Attila Korodi, Romania, EPPICD p ' [Res 2215 (2018}, Rec 2127 (2018}, Doc 14615] Consideration of the reply adopted by the Committee of Ministers 5. Follow-up to Resolution 2166 (2017) and Recommendation 2103 (2017) on the Political transition in Tunisia Former Rapporteur: Mr George Loucaides, Cyprus, UEL [Res 2166 12017}, Rec 2103 12017}, Doc 14433] Consideration of the reply adopted by the Committee of Ministers This draft agenda, addressed to full members of the Committee and their alternates, is the convocation to the meeting i' 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.inllextranet. I< AS/Pol (2018) OJ 07 Tuesday, 9 October 2018, 08:30-10:00, room 9 6. Regulating foreign funding of Islam in Europe to prevent radicalisation and lslamophobia Rapporteur: Ms Doris Fiala, Switzerland, ALOE [Doc 14617] Consideration of amendments to the draft resolution Debate in the Assembly: Wednesday 10 October 2018 at 10am Deadline for tabling amendments: Monday 8 October 2018 at 4pm 7. Strengthening co-operation with the United Nations Rapporteur: M Adao Silva, Portugal, EPPICO [Doc. 14261] Statement by the Rapporteur 8. Meeting of the Sub-Committee on External Relations, UN Headquarters, New York, 5-6 December 2018 (subject to the authorisation by the Bureau of the Assembly) [Outline programme] Preparation of the meeting 9. Work programme [AS/Pol (2018) WP 06, AS/Pol/lnf (2018) 01 rev5] • Appointment of Rapporteur .Compatibility of Sharia Law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the "Cairo Declaration"? (for opinion) [Doc. 13965] • Call for candidates • World Forum for Democracy on Women's participation in public and political affairs (Strasbourg, 19-21 November 2018) Appointment of members to the ad hoc Committee of the Bureau to participate in the Forum 10. Institutional representation of the Committee • Statement by Mr Titus Corlajean (Romania, SOC) on his participation in the 761h plenary meeting of the European Commission Against Racism and Intolerance (ECRI), Strasbourg, 19-22 June 2018 • Statement by Mr Corneliu M. Cozmanciuc (Romania, EPPICD) on his participation in the 62"d meeting of the Council for Democratic Elections, Venice, 21 June 2018 11. Changes in the composition of the Sub-Committees 12. Authorisations by the Committee 2 AS/Pol (2018) OJ 07 Wednesday, 10 October 2018. 14:45-15:30, room 9 13. (Open to the public)' Updating guidelines to ensure fair referendums in Council of Europe member States Rapporteur: Dame Cheryl Gillan, United Kingdom, EC [AS/Pol (2018) 18] Hearing with the participation of Mr Nicos C. Alivizatos, Professor of Constitutional Law, Department of Public Law, Faculty of Law, University of Athens, Greece Thursday. 11 October 2018. 08:30- 10:00, room 9 14. Open discussion on current issues 15. Parliamentary Conference on "Building democratic security in the Mediterranean: common challenges, shared responsibility", Dubrovnik, Croatia, 6 November 2018 [AS/Pol/lnf (2018) 06rev2, AS/Pol/lnf (2018) 08, list of members, participation form] I • Appointment of members to the ad hoc sub-committee Preparation of the meeting • r· (9:15) 16. (Open to the public)* Exchange of views with Ms Dunja Mijatovic, Commissioner for Human Rights of the Council of Europe, on her priorities 17. Other business l. 1 B. Next meetings • Dubrovnik, 6 November 2018, ad hoc Sub-Committee to participate in the Conference on " "Building democratic security in the Mediterranean: common challenges, shared responsibility" • Sub-Committee on External Relations, United Nations, New York, 5-6 December 2018 (subject to the authorisation by the Bureau of the Assembly) • Paris, 11 December 2018 " " I I II • Subject to the decision by the Committee. 3 l.C;;- Parliamentary Assembly lifL~ Assemblee parlementaire =-~~'~ 2 :::::.=- ::t'!'f~:r-""x+,. •.• ~.Yfi!,.!]Jilii#&#S &± 1 :lit 8£ ; "i'¥®9&:il!ii AS/CM-Mix (2018) OJ 2 30 August 2018 Joint Committee Preliminary draft agenda of the meeting to be held on Monday 8 October 2018 (from 4 pm to 5 pm) at the Palais de !'Europe, Strasbourg (Room 5) I 1. Agenda [AS/CM-Mix (2018) OJ 2] Adoption of the draft agenda. t' 2. Minutes [AS/CM-Mix (2018) PV 1] Approval of the draft minutes of the meeting held in Strasbourg on 28 June 2018 3. Exchange of views on the follow-up to the report of the Ad hoc committee of the Bureau on the role and mission of the Parliamentary Assembly r , [AS/Bur/MR-PA (2018) 06rev] [Doc .... ] , 4. Other business . 5. Date and place of next meeting '' To members of the Assembly's delegation to the Joint Committee cc: for information to secretaries of national delegations and political groups THIS DOCUMENT IS ALSO THE CONVOCATION TO THE MEETING The Assembly's delegation to the Joint Committee comprises: members of the Bureau of the Assembly, one representative of each parliamentary delegation of member states not represented in the Bureau and members appointed by the President to speak on the subjects on the agenda I I I I (.})I All)( ll Parliamentary Assembly COUNCIL OF EUROPE .'-'i Assemblee parlementaire ~~~ t~-'/.-'///// ~~-~~~------.-.-...... ~ 2018 ORDINARY SESSION Fourth part I 8-12 October 2018 r, TEXTS ADOPTED i ' BY THE ASSEMBLY . Provisional versions " " I' '' Table of contents Recommendations Recommendation 2140 (2018) Unlimited access to member States, including "grey zones", by Council of Europe and United Nations human rights monitoring bodies (Doc.14619) Recommendation 2141 (2018) Family reunification of refugees and migrants in Council of Europe member States (Doc. 14626) Recommendation 2142 (2018) Deal-making in criminal proceedings: the need for minimum standards for trial waiver systems (Doc. 14618) Resolutions Resolution 2236 (2018) The treatment of Palestinian minors in the Israeli justice (Doc. 14583) Resolution 2237 (2018) Regulating foreign funding of Islam in Europe in order to prevent radicalisation and lslamophobia (Doc. 14617) Resolution 2238 (2018) Radicalisation of migrants and diaspora communities in Europe (Doc. 14625) Resolution 2239 (2018) Private and family life: achieving equality regardless of sexual orientation (Doc. 14620) Resolution 2240 (2018) Unlimited access to member States, including "grey zones", by Council of Europe and United Nations human rights monitoring bodies (Doc. 14619) Resolution 2241 (2018) Nuclear safety and security in Europe (Doc. 14622) Resolution 2242 (2018) The role of national parliaments in successful decentralisation processes (Doc. 14623) Resolution 2243 (2018) Family reunification of refugees and migrants in Council of Europe member States (Doc. 14626) Resolution 2244 (2018) Migration from a gender perspective: empowering women as key actors for integration (Doc. 14606) Resolution 2245 (2018) Deal-making in criminal proceedings: the need for minimum standards for trial waiver systems (Doc. 14618) Resolution 2246 (2018) The crash of Polish Air Force Tu-154M transporting the Polish State delegation, on 10 April2010 on the Russian Federation's territory (Doc. 14607) Recommendations 2140 to 2142 ,, r, " ,, ! ' Recommendation 2140 (2018)1 Provisional version Unlimited access to member States, including "grey zones", by Council of Europe and United Nations human rights monitoring bodies Parliamentary Assembly i 1. The Parliamentary Assembly recalls its Resolution 2240 (2018) on unlimited access to member States, including "grey zones", by Council of Europe and United Nations human rights monitoring bodies. 2. The Assembly calls on the Committee of Ministers to hold an urgent discussion whenever a Council of r. Europe human rights monitoring body is denied access, or allowed access only on conditions that are ' politically unacceptable or incompatible with the body's mandate, to all or part of a member State's territory. Such a discussion should aim at finding rapid, effective solutions to such situations, where appropriate by applying diplomatic pressure on the responsible authorities, including, where applicable, through the State exercising effective control over a territory and its de facto authorities. 3. The Assembly also calls on the Committee of Ministers to consider the introduction within the Council of Europe of a presumption that all member States consent to visits by Council of Europe and United Nations human rights monitoring bodies in circumstances where there is reason to believe that there are serious violations of fundamental human rights and dignity such as threats to life, torture, inhuman or degrading treatment or denial of basic humanitarian needs. Such a presumption could be rebuttable in exceptional circumstances, for instance where denial of access is necessary for reasons relating to national defence, public safety or serious local public disorder. It would, however, be for the State concerned to raise such objections upon being informed of a monitoring body's intention to visit in circumstances that invoke the presumption of consent. 4. The Assembly further calls on the Committee of Ministers to undertake a detailed, systematic review of the state of co-operation between Council of Europe and United Nations human rights monitoring mechanisms, in co-operation with the United Nations, with a view to enhancing co-ordination and maximising " synergies. Such a review should include exploration of possibilities for reinforcing the overall human rights monitoring of "grey zones" (States' territories that are under the control of de facto authorities) within Council of Europe member States, including through joint activities of bodies responsible for monitoring comparable human rights issues, whilst respecting the particularities of those bodies' mandates, composition, structures ' ' and working methods. The review could also engage with relevant monitoring mechanisms of other international organisations, including the Organization for Security and Co-operation in Europe. 1. Assembly debate on 10 October 2018 (33rd Sitting) (see Doc. 14619, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Frank Schwabe). Text adopted by the Assembly on 10 October 2018 (33rd Sitting). I ' I' Parliamentary Assembly Assemblee parlementaire t~~ - ~~w.mm-~~tmtht-3~'%1·~~~------~----~-!1!1 CONSEIL DE cEUROPE Recommendation 2141 (2018)1 Provisional version Family reunification of refugees and migrants in the Council of Europe member States Parliamentary Assembly ; i 1. Referring to its Resolution 2243 (2018), the Parliamentary Assembly emphasises the importance of I. protecting family life under Article 8 of the European Convention on Human Rights (ETS No. 5) and recommends that the Committee of Ministers: 1.1. develop guidelines for the application of the right to family reunification of refugees and migrants as well as for mutual legal assistance and administrative co-operation between member States and with r· third countries in this field; 1.2. invite member States to establish bilateral arrangements to represent eacl1 other for the ! purposes of collecting visa applications and issuing visas; 1.3. invite the member States that have not yet done so to join, or co-operate with, the European Union Schengen Visa Information System with a view to exchanging the data necessary for enabling .' more rapid family reunification; 1.4. co-operate with the International Committee of the Red Cross in promoting mechanisms and action for finding missing family members of refugees, in co-operation with national Red Cross and Red Crescent societies and national parliaments; ' .' ' 1.5. reinforce Council of Europe action on combating trafficking of child refugees, ensuring that ! unaccompanied child refugees are reunited with their parents, unless this is against the best interests of I a child, for example if parents have participated in the trafficking of this child. ! " " 1. Assembly debate on 11 October 2018 (35th Sitting) (see Doc. 14626, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Ulla Sandbaek). Text adopted by the Assembly on 11 October 2018 (35th Sitting). i I .~· .· I , [!J[t ;-' • I I Recommendation 2142 (2018)1 Provisional version Deal-making in criminal proceedings: the need for minimum standards for trial waiver systems Parliamentary Assembly 1. The Parliamentary Assembly refers to its Resolution 2245 (2018) "Deal-making in criminal proceedings: the need for minimum standards for trial waiver systems". 2. It invites the Committee of Ministers to: 2.1. undertake a comprehensive study on the use of trial waiver systems in the Council of Europe's r· member and observer States; 2.2. address a set of recommendations to member States designed to ensure that in the use of trial waiver systems the threat to human rights, in particular the right to a fair trial, is minimised. i ~' t' i I : " " 1. Assembly debate on 12 October 2018 (36th Sitting) (see Doc. 14618, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Boriss Cilevics). Text adopted by the Assembly on 12 October 2018 (36th Sitting). i II f I Resolutions 2236 to 2246 i " " II [.U::;-- Parliamentary Assembly rtfL~ Assemblee parlementaire ~~ ~ ~~~m~;,mmi!i~lilm:lilw•Miillil!ilillill'll-lil!!lllill!!l-!ill!ilFiliFFill.mmllili'J!M!M ______IIill' Resolution 2236 (2018)1 Provisional version The treatment of Palestinian minors in the Israeli justice system Parliamentary Assembly 1. Recalling its Resolution 2202 (2018) "The Israeli-Palestinian peace process: the role of the Council of Europe", the Parliamentary Assembly reiterates its support for a two-State solution to the Israeli-Palestinian i 1 conflict, based on the 1967 borders. The Assembly is convinced that the two sides to the conflict and the international community (including the Council of Europe and its Assembly) must work together to overcome obstacles to the peace process. 2. One of the obstacles to the peace process is the hardening of attitudes on both sides, to the detriment, r· in particular, of children and the young generation. In its Resolution 2204 (2018) on protecting children I affected by armed conflicts, the Assembly underlined the importance of educating children and young people I who have experienced traumatising armed conflicts on non-violent approaches to ending aggression and ! conflict, in order to make them resilient to the trans-generational transmission of violence and allow them to grow up in a culture of constructive dialogue. 3. The Assembly has always made the defence of human rights, in particular the rights of children (aged I ' 0-18), its priority. In its Resolution 2010 (2014) "Child-friendly juvenile justice: from rhetoric to reality", it reiterated its support for the Guidelines of the Committee of Ministers of the Council of Europe on child friendly justice, which take into account the unique needs of children when they come into contact with the justice system. The Assembly is one of the rare fora which combines expertise on children's rights and the r, Middle East with wide parliamentary representation. ! 4. Bringing law and practice into conformity with the human rights standards modelling juvenile justice at international and European level not only serves the best interests of the child - a primary consideration - but is also less costly and more likely to ensure public safety and help young people to reach their potential. In the case of the Israeli-Palestinian conflict, such a move would also help the peace process as the treatment of Palestinian minors in the Israeli justice system tarnishes the image of Israel as a democratic State which respects human rights and the rule of law. However, while very much regretting the absence of progress in " the underlying confiict, the Assembly would not like to take position on this conflict, but take only the side of children, based on international and European law and standards. 5. According to the United Nations Children's Emergency Fund (UNICEF) and the vast majority of non ' governmental organisations (NGOs) (international, Palestinian and Israeli), ill-treatment of Palestinian minors ' in the Israeli military detention system is widespread, systematic and institutionalised throughout the process, from the moment of arrest until the child's prosecution and eventual conviction and sentencing. The Israeli military court system also fails to comply with basic standards applicable to children as regards due process. Notwithstanding that the criminal behaviour of some Palestinian minors should be strongly condemned, since no person, and especially no child, forfeits his/her human rights, no matter what he/she has done, there is no excuse for ill-treatment of a child. 1. Assembly debate on 9 October 2018 (31st Sitting) (see Doc. 14583. report of the Committee on Social Affairs. Health and Sustainable Development, rapporteur: Ms Liliane Maury Pasquier). Text adopted by t!Je Assembly on 9 October 2018 (31st Sitting). ;, ' I I ' ' . &·~ _·. • I I Resolution 2236 (2018) 6. The Assembly thus calls on the Israeli authorities to work with UNICEF, the International Committee of the Red Cross, civil society and all relevant stakeholders with a view to changing, as appropriate, laws, practice and attitudes so as to fully protect the rights of Palestinian children in the Israeli justice system. The Assembly stands ready to assist the Knesset and the Palestinian authorities in this regard. In particular, the Assembly recommends that: 6.1. the provisions of international law related to the rights of children (including of children in conflict with the law) be fully applied, and endeavours be made to apply the higher Council of Europe standards included in its Guidelines on child-friendly justice, thus truly rnaking the best interests of the child a primary consideration; 6.2. each individual case be carefully reviewed before any intervention takes place, to ascertain whether the arrest, detention or imprisonment of a child is really necessary, rnindful of the provisions of the United Nations Convention on the Rights of the Child (UNCRC), which stipulale that such arrest, detention or imprisonment of a child shall be used only as a measure of last resort and for the shortest appropriate period of tirne; 6.3. night-time arrests (or summons) of children in their homes and night-time interrogations be avoided; 6.4. handcuffing and strip-searching children be limited as far as possible, and the blindfolding/ hooding of children be prohibited; 6.5. parents be promptly notified of an arrest, the reasons therefore, and the place where the child is detained; 6.6. all forms of physical, psychological or other abuse of children during arrest, transit and waiting periods - and during interrogations themselves - be ended (including coercive tactics to make minors confess or sign confessions in a language they do not understand), and that measures be taken to prevent such abuse; 6.7. audiovisual recordings of all interrogations be made mandatory, and that children be informed of their rights in a language and manner they can understand, so that they can exercise their rights effectively, including the right to remain silent and to speak to a lawyer before interrogations; 6.8. the rules on interrogations be revised to make them consistent with the Guidelines on child friendly justice, and the conditions under which bail and plea bargains are granted be revised to make them consistent with the UNCRC; 6.9. no child be held in administrative detention or solitary confinement for any reason; 6.1 0. Palestinian children be held in facilities located in the occupied Palestinian territories and that the rights of family members to visit be fully respected in practice; 6.11. a system of effective oversight be put in place to prevent and punish ill-treatment of Palestinian children in the Israeli justice system, ensuring redress and adequate reparation to child victims of ill treatment and ending the impunity for the perpetrators of such abuse. 7. The Assembly calls on Israel to raise the age of criminal responsibility of children to at least 14 years of age for all children who come under its jurisdiction, in conformity with Resolution 2010 (2014). 8. The Assembly calls on the Israeli and the Palestinian authorities to educate children and young people in their communities on non-violent approaches to ending aggression and confiict with a view to giving new life to the peace process. 2 Resolution 2237 (2018)1 Provisional version Regulating foreign funding of Islam in Europe in order to prevent radicalisation and lslamophobia Parliamentary Assembly 1. The question of foreign funding of Islam in Europe has occupied a prominent place in the public debate i in many Council of Europe member States for a number of years now, and may raise certain concerns. The Parliamentary Assembly considers that whatever these concerns may be, member States must ensure that they do not result in widespread suspicion of foreign funding in general. 2. Reiterating that, according to the Council of Europe's European Commission for Democracy through r· Law (Venice Commission), the right to request and receive voluntary donations, whatever the origin of the I donations, is inherent to religious activities, the Assembly calls on member States to clearly reaffirm that not I all foreign funding of religion is a problem in itself and that, on the contrary, it can help to foster inter-faith ' dialogue and more openness in religious worship. ! 3. The Assembly notes that looking beyond the diversity in situations, in relations between States and L religions and in the organisation of the Muslim faith itself and how it is funded, the questions that surround certain foreign funding of Islam touch on a reality which, despite the absence of global and aggregate statistics, cannot be denied. 4. First of all, that reality concerns the use of religion by certain States as a means of exerting influence in a foreign country, which becomes a problem when it goes beyond simply providing support to a religious '' community to enable it to practise its faith freely and is designed either to export a radical form of Islam or to foster a sort of Islamic nationalism in the target communities. 5. In this connection, the Assembly refers to its Resolution 1743 (2010) "Islam, lslamism and lslamophobia in Europe" in which, already eight years ago, it had noted with concern that "some Islamic organisations active in member States have been initiated by governments abroad and receive financial support and political guidance from those governments .... National political expansion into other States under " the disguise of Islam should be brought to light. ... member States should require transparency and accountability of Islamic as well as other religious associations, for instance by requiring transparency of their statutory objectives, leadership, membership and financial resources". 6. With regard to the different types of measures taken by certain member States to regulate foreign " funding of Islam, the Assembly urges member States to: 6.1. put an end to any foreign funding of Islam which is proved by objective criteria to be used for the purpose of national political expansion into other States under the guise of Islam; 6.2. reject all attempts at interference in their territory by foreign organisations which aim to put in place a parallel society, and not allow foreign funding to reach any organisations which undermine human rights and dignity and which oppose living together as guaranteed by the principles of human rights, democracy and the rule of law. In particular, any foreign attempt to indoctrinate young people must be prevented; 1. Assembly debate on 10 October 2018 (32nd Sitting) (see Doc. 14617, report of the Committee on Political Affairs and Democracy, rapporteur: Ms Doris Fiala). Text adopted by the Assembly on 10 October 2018 (32nd Sitting). . "1'1!1 II ~-.· ~ •[!] - . Resolution 2237 (2018) 6.3. ensure full compliance with the framework established by the European Convention on Human Rights (ETS No. 5), the case law of the European Court of Human Rights, the Venice Commission and the Assembly; this implies, in particular, that a general ban on all foreign funding is arguably unreasonable and not necessary in a democratic society, that regulations introducing discrimination between different religious groups on religious grounds must be banned and that any regulations governing funding should be proportionate; 6.4. focus these measures on increasing transparency, for example through annual financial reports clearly identifying the origin of any foreign funding and how it is used, including funding received through informal transfer systems, such as money brokers or hawala networks. It also recommends involving Muslim organisations in this promotion of transparency, through preventive actions vis-a-vis donors and the entities which receive the donations. 7. When more drastic measures are considered, such as a sweeping ban on foreign funding, the Assembly recommends: 7.1. first organising a broad consultation, with clearly defined aims; 7.2. treating all religions on an equal footing; 7.3. refraining from placing the Muslim community under any general suspicion that may lead to lslamophobia and, on a broader level, from instrumentalising the question of foreign funding. 8. The Assembly notes that regulating the funding of the Muslim faith can have positive consequences regarding the integration of Muslim communities into European society, by fostering the emergence of representatives to liaise with the public authorities. It is also convinced that the appropriate response to the rudimentary and literalist Salafist theology which cultivates the breeding ground from which terrorist acts can grow is an enlightened Islam. In this respect, it notes a fairly widely shared tendency in several member States to improve the level of training for imams, including theological training, and limit the intake of imams trained abroad, while consulting with the representatives of Muslim communities. 9. The Assembly therefore encourages member States to introduce courses that promote an enlightened Islam, calls on them to devote substantial means to this, which also meet the needs of the religious communities, and supports initiatives to set up European faculties of theology open to Islam. 10. The Assembly also takes note of recent studies showing that the integration of Muslims in several European countries, as shown by their strong attachment to their countries of residence for example, seems to have progressed over the last 15 years, that features specific to them, in terms of their religious beliefs and their ties with their countries of origin or those of their ascendants, remain, and that they continue to be the victims of lslamophobic feeling on a significant scale. 11. Referring to paragraphs 3, 13 and 20 of its Resolution 1743 (2010) and to Resolution 2076 (2015) on freedom of religion and living together in a democratic society, the Assembly calls on member States to take these specific features into account and to increase their efforts to combat lslamophobia, for while foreign funding can facilitate radicalisation, lslamophobia is also one of its breeding grounds. 12. Lastly, the Assembly invites member States to implement the Action Plan adopted by the Committee of Ministers on "The fight against violent extremism and radicalisation leading to terrorism", while at the same time noting the importance the Plan accords, in its preventive proposals, to measures which encourage living together on an equal footing in culturally diverse democratic societies. 2 Parliamentary Assembly Assemblee parlementaire '-"-,~ t=-=::" ~ .)////// ~~"Dm~ljRi*~QllllliliMQ!!EMllliiii!liM.liMOOliMQ!!IOOIDQ!ll!lllli£-liMOO-. !ll'liMLl~Mi!¥-llil!LliM"-IlillLilil!Lilil!LliMZ&liMliMIIIL!itt CONSEIL DE LEUROPE Resolution 2238 (2018)1 Provisional version Radicalisation of migrants and diaspora communities in Europe Parliamentary Assembly 1. The Parliamentary Assembly strongly condemns the recent terrorist attacks in Europe which have I provoked intense debate on the infiltration of terrorists among arrivals of refugees and migrants. Whereas it is evident that the overwhelming majority of refugees arriving in Europe are fleeing violence and extremism in their countries of origin and are hoping for a peaceful and secure life, there is a real danger of radicalisation on the way, including in refugee camps and detention centres. Other migrants may be victims of radicalisation r· when they are marginalised or fail to integrate into their new society and environment, or when they suffer ' different forms of discrimination and violence on arrival. 2. The Assembly recalls its resolutions calling for action against radicalisation and violent extremism in Europe, including Resolution 2103 (2016) "Preventing the radicalisation of children and young people by fighting the root causes" and Resolution 2221 (2018) on counter-narratives to terrorism, and stresses that the i absence of comprehensive migration policies significantly increase the likelihood of the spreading of violent L extremism and radicalisation of migrants. However, it is convinced that migrants should not be perceived as increasing terrorism risks, as has been asserted by media and politicians in many countries. 3. The Assembly underlines that preventing and combating radicalisation requires close and co-ordinated collaboration between all relevant stakeholders at all levels of governance (local, regional and national), r, including with civil society. I 4. The Assembly encourages member States to promote policies which underline the benefits of diversity and develop positive self-perception of individual identity free of any inferiority complexes amongst young people, so as to prevent alienation, lack of a sense of belonging, marginalisation and community isolationism from prevailing and providing a fertile breeding ground for radicalisation. 5. The Assembly is concerned about the recent, rapidly spreading phenomenon of radicalisation via the " internet and social networks. It believes that a comprehensive approach reaching all users of the internet should be developed, involving all actors, including the internet industry and service providers, State authorities and civil society. ' ' 6. The Assembly is convinced that the media has an important role to play in preventing radicalisation. Regrettably, certain media inspired by populist politicians reinforce links between Islam and terrorism. Such negative narratives must be avoided and strongly condemned, and the rnedia must report credibly on the consequences of radicalisation, raising awareness on the causes of violent radicalisation, as well as the ways to prevent it. The media must also give visibility to the positive aspects and benefits of diversity, not only to possible threats. 7. The Assembly stresses the vital role women and women's organisations play in preventing radicalisation in families, but also in communities. They should be encouraged to be more involved in policy making, educational activities and preventive community work. 1. Assembly debate on 10 October 2018 (32nd Sitting) (see Doc. 14625, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Sahiba Gafarova). Text adopted by tiJe Assembly on 10 October 2018 (32nd Sitting). i I II.. I I Resolution 2238 (2018) 8. Diaspore communities are essential for efficient counter-terrorism action, as they are best placed to identify and prevent young people from joining extremist organisations to avoid incomprehension and mistrust at local level. They have a unique potential for promoting personal relationships and non-contentious dialogue between peoples of different origins. 9. The Assembly welcomes the implementation of the Council of Europe Action Plan on The fight against violent extremism and radicalisation leading to terrorism (2015-2017) and the adoption of a new Counter Terrorism Strategy 2018-2022, which includes activities on fighting violent extremism and radicalisation. It encourages member States to support its implementation. 10. The Parliamentary Assembly therefore calls on Council of Europe member and observer States and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly to: 10.1. as regards policy planning: 10.1.1. promote legislative measures aimed at the prevention of radicalisation and violent extremism; 10.1.2. co-ordinate preventive strategies and promote the exchange of information on good practices and experience in combating radicalisation; 10.1.3. instruct the relevant authorities to compile data and research the mechanisms leading to radicalisation; 10.1.4. develop medium and long-term public policies to prevent radicalisation, in close co operation with governments, municipalities, police and civil society, including through the participation of young people; 10.1.5. ensure that social and ethnic mixing is pursued in spatial planning policies, as well as in social housing and access to education; 10.2. as regards preventive strategies: 10.2.1. support the local authorities and municipalities in their crucial role in the prevention of radicalisation and violent extremism and encourage the recruitment and involvement of municipality employees and teachers with a migrant background; 10.2.2. promote co-operation between local police and all faith communities to build trust and co-operation in preventing radicalisation and violent extremism; 10.2.3. encourage partnerships between law-enforcement authorities and migrant communities in order to prevent the involvement of persons at risk in extremist organisations; 10.2.4. promote the counter-narratives to radicalisation devised by the leaders of religious communities, scientists and the media, addressing religious understanding and providing a true knowledge of Islam; 10.2.5. promote interfaith dialogue as a tool to combat radicalisation and violent extremism; 10.2.6. promote inclusive, comprehensive, context-specific and demand-oriented education and training programmes as efficient tools to prevent violent extremism; 10.3. as regards prevention of radicalisation in prisons: 10.3.1. ensure that prison staff receive special training on recognising early signs of radicalisation among prisoners and its prevention; 10.3.2. promote and make use of the Council of Europe Guidelines and Handbook for prison and probation services regarding radicalisation and violent extremism; 10.3.3. provide better access to prisons for approved religious representatives, so that prisoners may practise their religion on a regular basis without being forced to seek alternatives, which can lead to radicalisation; 10.3.4. promote a mentoring system in prisons for prisoners who may have adoptP.d vio!Gnt extremist views and who express the wish to "deradicalise"; 10.3.5. encourage the introduction in prisons of specific gender-sensitive rehabilitation and reintegration programmes; 2 Resolution 2238 (2018) 10.4, as regards the prevention of radicalisation through education and social inclusion policies: 10.4.1. promote social inclusion programmes enabling migrants to preserve their multiple cultural identities and reduce their vulnerability to radicalisation; 10.4.2. develop comprehensive guidance for education actors on the prevention of radicalisation of young people and encourage their disengagement; 10.4.3. promote teacher training on dealing with issues of radicalisation, hate speech and signs of violent extremism; 10.4.4. provide educational programmes promoting tolerance and understanding of different religions, philosophies of life, cultures and traditions; 10.4.5. create well-developed youth involvement programmes, which are essential in preventing involvement in the radicalisation process at an early stage; 10.4.6. create a European mechanism for fostering the social protection of working migrants and their families; 10.4.7. encourage the involvement of migrants and diasporas in social and sport activities as an alternative to involvement in extremist organisations and give visibility to and involve sport role models with a migrant background; I 10.5. as regards the prevention of online radicalisation: 10.5. 1. ensure co-operation between the internet industry and service providers, State authorities and civil society in order to promote powerful and attractive narratives to counter hate speech and radicalisation online; 10.5.2. create special communication police units tasked with the detection and removal of illegal web content promoting radicalism and terrorism on the internet; 10.5.3, promote the introduction of measures enabling all internet users to block illegal content on the internet and report it to the competent authorities; 10.5.4. develop youth awareness programmes on online hate speech and the risk of .' manipulation by radical organisations; 10.5.5. develop digital teaching and learning resources to prevent radicalisation and violent extremism, racism, hate speech and anti-Semitism, for use in lower and upper secondary education and teacher training; ~-1 10.5.6. encourage and support grassroots initiatives to promote self-regulation of the internet and combat online radicalisation; 10.5.7. organise training for religious representatives on the use of media to provide alternative narratives to hate speech and incitement to violence. 11, The Parliamentary Assembly invites the member States to sign and ratify, if they have not already done " so, the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) and its additional Protocol (CETS No. 217), as well as other relevant Council of Europe legal instruments. " I I 3 Parliamentary Assembly Assemblee parlementaire t'-''"'-,~ ~~~~~~g~m~~~~~~~~~~~~~~~~~~~~~ CONSEIL DE cEUROPE Resolution 2239 (2018)1 Provisional version Private and family life: achieving equality regardless of sexual orientation Parliamentary Assembly 1. The right to respect for private and family life is a fundamental right, enshrined in Article 8 of the I European Convention on Human Rights (ETS No. 5). This right is of equal importance in everyone's lives, yet progress towards achieving equality in this field regardless of sexual orientation has often been slower than in other fields. 2. Same-sex couples and other rainbow families exist throughout Europe, whether or not legislation provides for them. These families have the same needs as any other family, yet many are deprived of their rights on the grounds of the sexual orientation or gender identity of the partners or parents. It is crucial and urgent that our legal systems acknowledge this reality and that States work to overcome the discrimination experienced by both adults and children in rainbow families. 3. Since the Parliamentary Assembly last considered these issues in its Recommendation 1474 (2000) on the situation of lesbians and gays in Council of Europe member States and Resolution 1728 (201 0) on •• discrimination on the basis of sexual orientation and gender identity, and since the Committee of Ministers adopted its Recommendation CM/Rec(2010)5 on measures to combat discrimination on grounds of sexual orientation or gender identity, there have been significant developments in the case law of the European Court of Human Rights, and important advances towards greater equality for rainbow families have been achieved ,. in member States. These developments throw new light on the ex1ent of the efforts required from member States in order to achieve equality in the field of private and family life regardless of sexual orientation. 4. In the light of the above, and bearing in mind also the relevant recommendations made in its Resolution 2048 (2015) on discrimination against transgender people in Europe and Resolution 2191 (2017) on promoting the human rights of and eliminating discrimination against intersex people, as well as the recommendations made in this field by the Council of Europe Commissioner for Human Rights and numerous " treaty bodies of the United Nations, the Assembly calls on Council of Europe member States to: 4.1. ensure that their constitutional, legislative and regulatory provisions and policies governing the rights of partners, parents and children are applied without discrimination on grounds of sexual orientation or gender identity, eliminating all unjustified differences in treatment based on these " grounds; 4.2. refrain from adopting changes to their Constitutions and legislation that would prevent the recognition of same-sex marriage or of other forms of rainbow families, and instead leave such decisions to the legislature or the highest court; 4.3. align their constitutional, legislative and regulatory provisions and policies with respect to same- sex partners with the case law of the European Court of Human Rights in this field, and accordingly: 4.3.1. ensure that same-sex partners have available to them a specific legal framework providing for the recognition and protection of their unions; 1. Assembly debate on 10 October 2018 (33rd Sitting) (see Doc. 14620, report of the Committee on Equality and Non Discrimination, rapporteur: Mr Jonas Gunnarsson). Text adopted by the Assembly on 10 October 2018 (33rd Sitting). " II Resolution 2239 (2018} 4.3.2. grant equal rights to same-sex couples and different-sex couples as regards succession to a tenancy; 4.3.3. ensure that cohabiting same-sex partners, whatever the legal status of their partnership, qualify as dependants for the purposes of health insurance cover; 4.3.4. when dealing with applications for residence permits for the purposes of family reunification, ensure that, if same-sex couples are not able to marry, there is some other way for a foreign same-sex partner to qualify for a residence permit; 4.4. ensure that other basic needs which are fundamental to the regulation of a relationship between a couple in a stable and committed relationship are provided for without discrimination on the grounds of sexual orientation, and accordingly: 4.4.1. as regards migration, extend residence rights to same-sex partners on an equal footing with different-sex partners and give equal recognition to same-sex partnerships in the context of applications for citizenship; 4.4.2. as regards situations giving rise to the need for medical care, recognise same-sex partners as next of kin for medical purposes and extend to them entitlements to leave for the purpose of caring for a sick partner or for the sick parent of a partner, without discrimination on the grounds of sexual orientation: 4.4.3. as regards property, treat as joint property the possessions acquired by a same-sex couple during their relationship without discrimination on the grounds of sexual orientation; 4.4.4. as regards criminal law, ensure the applicability of statutory protection against domestic violence and guarantee the right to refuse to testify against one's partner in criminal procedures without discrimination on the grounds of sexual orientation; 4.4.5. as regards separation, ensure the applicability to same-sex couples of rules on alimony without discrimination on the grounds of sexual orientation; 4.4.6. as regards death and inheritance, extend access to survivor's pensions to same-sex couples as well as entitlements to compensation for wrongful death of one's partner and entitlements to inherit when one's partner dies intestate, and grant exemption from inheritance tax to same-sex couples, without discrimination on the grounds of sexual orientation: 4.5. protect the rights of parents and children in rainbow families without discrimination based on sexual orientation or gender identity, and accordingly: 4.5. 1. in line with the case law of the European Court of Human Rights, ensure that all rights regarding parental authority, adoption by single parents and simple or second-parent adoption are granted without discrimination on the grounds of sexual orientation or gender identity; 4.5.2. provide for joint adoption by same-sex couples without discrimination on the grounds of sexual orientation; 4.5.3. extend automatic co-parent recognition to the same-sex partner of the parent who has given birth in all cases where this would be extended to a mother's male spouse: 4.5.4. where single women are granted access to medically assisted procreation, ensure that such access is granted without discrimination on the grounds of sexual orientation or gender identity; 4.5.5. where unmarried different-sex couples are granted access to medically assisted procreation, ensure that such access is granted to same-sex couples; 4.6. in addition to the recommendations already adopted by the Assembly in Resolution 2048 (2015) and Resolution 2191 (2017) regarding the effects of legal gender recognition of transgender and intersex people on their access to or the continuity of their civil partnership or marriage and of rights of spouses and children, provide for transgender parents' gender identity to be correctly recorded on their children's birth certificates, and ensure that persons who use legal gender markers other than male or female are able to have their partnerships and their relationships with their children recognised without discrimination; 4.7. work actively, in consultation with civil society, to promote acceptance of and respect for rainbow families in our societies. 2 Resolution 2239 (2018) 5. The Assembly emphasises that intolerance that may exist in society towards people's sexual orientation or gender identity can never be used as a justification for perpetuating discriminatory treatment, as this serves, unacceptably, to legitimise violations of human rights. States must on the contrary work vigorously to combat the prejudice that enables such discrimination to persist, in order to fulfil their responsibility to protect and promote the human rights of all those within their jurisdiction and to eliminate discrimination on all grounds, including sexual orientation or gender identity. r· I t' I ' 3 I' l£/-- Parliamentary Assembly ttfl~ Assemblee parlementaire ~-,--,~ ~~~~~!l1~~0E'""""------I!li CONSEIL DE !.:EUROPE Resolution 2240 (2018)1 Provisional version Unlimited access to member States, including "grey zones", by Council of Europe and United Nations human rights monitoring bodies Parliamentary Assembly I. 1. The Parliamentary Assembly notes with concern the speeches addressed by Mr Zeid Ra'ad AI Hussein, United Nations High Commissioner for Human Rights, to the 33rd, 35th and 38th sessions of the United Nations Human Rights Council, in which he drew attention to difficulties encountered by his own Office and other United Nations human rights monitoring bodies in obtaining access to the territory of numerous States, r' including certain Council of Europe member States. It recalls that Council of Europe monitoring bodies have encountered similar problems, often in relation to the same situations or geographical locations. I 2. The Assembly reaffirms the legal obligations on Council of Europe member States to co-operate fully and in good faith with those international human rights monitoring mechanisms, including those of the Council of Europe and the United Nations, whose mandates they have accepted, in compliance with the established I conditions and procedures of the relevant bodies. It deplores all instances of States' failures to co-operate with •• international human rights monitoring mechanisms and insists that any member State concerned should engage in full, unconditional co-operation without delay. It fully supports the relevant bodies in their efforts to fulfil their mandates. 3. The Assembly considers that activities of human rights monitoring bodies with respect to territories under the control of de facto authorities, including their contacts with such authorities and visits to the territories in question, do not constitute and should not be presented as recognition of those authorities' legitimacy under international law. It does, however, consider that exercise of de facto authority brings with it a duty to respect the rights of all inhabitants of the territory in question, as those rights would otherwise be respected by the authorities of the State of which the territory is a part; even illegitimate assumption of the powers of the State must be accompanied by assumption of the corresponding responsibilities of the State towards its inhabitants. This includes a duty to co-operate with international human rights monitoring mechanisms. The Assembly also calls on States which exercise effective control over territories where local de facto authorities operate to exercise their infiuence so as to enable effective monitoring by international human rights bodies. 4. The Assembly welcomes instances where Council of Europe and United Nations monitoring bodies have obtained access to "grey zones" (territories of States within the mandates of those bodies that are under the control of de facto authorities). It emphasises that such activity requires a constructive attitude on the part of both the central de jure and local de facto authorities: in particular, the former must allow a proper dialogue to develop between the monitoring body and the local de facto authorities, and the latter must accept that monitoring visits take place in full compliance with the mandate of the relevant monitoring body. The Assembly thus especially welcomes the visits by the Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) to Transnistria and Abkhazia and encourages the respective de facto authorities, along with the legitimate authorities of the 1. Assembly debate on 10 October 2018 (33rd Sitting) (see Doc. 14619, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Frank Schwabe). Text adopted by the Assembly on 10 October 2018 (33rd Sitting). See also Recommendation 2140 (2018). ,, II Resolution 2240 (2018) Republic of Moldova and Georgia respectively, to work towards a resumption of CPT monitoring in those territories. It also encourages the de facto authorities of South Ossetia to co-operate with the CPT. The Assembly welcomes the willingness of those "grey zones" that have co-operated with the Office of the United Nations High Commissioner for Human Rights and other international hurnan rights monitoring mechanisms aimed at better protection of human rights in conflict zones. 5. The Assembly also supports the efforts of other monitoring bodies to examine the situation in territories to which access has been denied, or allowed only on conditions that would be politically unacceptable or incompatible with the body's mandate. It welcomes the efforts of the Council of Europe's Advisory Committee for the Protection of National Minorities to examine the situation in Crimea following its illegal annexation by the Russian Federation, despite being unable to access the Crimean peninsula. It underlines, however, that such activities, whilst still valuable, cannot fully substitute for monitoring conducted in full compliance with the mandate of the relevant body, including fact-finding visits where relevant. 6. The Assembly favours an approach whereby States are presumed to have consented to visits by human rights monitoring bodies in circumstances where there is reason to believe that there are serious violations of fundamental human rights and dignity such as threats to life, torture, inhuman or degrading treatment or denial of basic humanitarian needs. Such a presumption could be made practicable by allowing States to rebut it in exceptional circumstances, for instance where denial of access is necessary for reasons relating to national defence, public safety or serious local public disorder. It would, however, be for the State to raise such objections upon being informed of a monitoring body's intention to visit in circumstances that invoke the presumption of consent. 7. The Assembly welcomes the established, ongoing co-operation between Council of Europe and United Nations human rights monitoring bodies, with a view to maximising the impact, efficiency and effectiveness of their respective activities, by benefitting from one another's knowledge, experience and expertise. It encourages all efforts to enhance such co-operation in the future. 2 Resolution 2241 (2018)1 Provisional version Nuclear safety and security in Europe Parliamentary Assembly 1. Many States in Europe are producing nuclear energy: with 184 reactors in operation in 2018, 17 European countries are home to 41% of the world's nuclear "fleet". An additional15 reactors are under I. construction, including the first ever fioating nuclear power plant. This energy choice has been polarising public opinion for decades, given the secrecy surrounding the operation of nuclear facilities and the risk of dramatic consequences in case of accidents. 2. Nuclear safety concerns have been looming ever since the Chernobyl accident in 1986 and further escalated as a result of the Fukushima accident in 2011. Moreover, due to recent terrorist attacks in France f' and Belgium, greater attention in being paid to the security of nuclear infrastructure given that nearly all ! nuclear plants currently in operation were designed and built in an era when security concerns were of a different nature. Because the consequences of a nuclear accident- be it due to a malevolent act or a system failure- can be so widespread and very serious, the European public needs reassurance that the authorities in charge of nuclear safety and security are protecting the population effectively. .' 3. The Parliamentary Assembly welcomes the efforts of its member States and of the competent international organisations towards the continuous strengthening of reference standards for nuclear safety and security through technical, regulatory and legal frameworks. It believes that greater harmonisation of those standards to upgrade the overall nuclear safety and security levels across Europe is necessary and should involve all States, including those that are phasing out nuclear energy and those that are building new nuclear facilities. 4. The Assembly notes that rnany of Europe's nuclear facilities are rapidly ageing: in 2018, 82 out of 184 reactors had been in operation for 35 years or more, and roughly one in six reactors is more than 40 years old. Even when the facilities are properly maintained, the overall condition of these reactors is gradually deteriorating, increasing the probability of serious incidents and of accidents. The Assembly views ,, independent oversight and periodic safety reviews as crucial to maintaining public trust in nuclear safety and believes that the frequency of safety reassessment should be increased for reactors which are more than 40 years old. 5. The Assembly is concerned about the fact that there has been no meaningful public consultation prior to the construction of the bulk of the European nuclear "fieet". It also points out that present generations have "' to bear the brunt in terms of operational safety and security risks, as well as the cost of decommissioning, nuclear waste processing and long-term waste disposal. The Assembly is convinced that the key challenge from a political angle is to provide adequate information to the public without undermining security and to achieve a democratic consensus over the strategic orientations and the level of nuclear safety and security we want. The European countries should work together to ensure greater transparency and improved communication around the nuclear energy challenge. 1. Assembly debate on 10 October 2018 (34th Sitting) (see Doc. 14622, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Ms Emine Nur GOnay). Text adopted by t11e Assembly on 10 October 2018 (34th Sitting). t I ~ I ' Resolution 2241 (2018) 6. As many nuclear power plants in Europe operate in close proximity to large cities and densely populated areas, including those beyond national borders, the Assembly considers that European States should provide unquestionable and "reasonably achievable" protection to these strategic objects, where appropriate in close co-operation with the neighbouring countries concerned, especially for old and dilapidated plants. It believes that emergency preparedness capacity and contingency plans should be enhanced across Europe, in particular in cross-border situations; they should be based not only on minimalistic technical considerations but also on socio-economic imperatives, realistic scenarios of meteorological conditions, local specificities and lessons drawn from recent major nuclear accidents (such as Chernobyl and Fukushima). 7. Regarding the construction of new nuclear power plants in Europe, the Assembly urges the States concerned to ensure that heightened safety and security requirements are fully taken into account regarding design, operational principles, regulatory measures, external protection arrangements and emergency preparedness plans. Regarding the nuclear power plant in Ostrovets (Belarus), under construction just 45 kilometres from the neighbouring State's (Lithuania) capital city Vilnius, the Assembly recalls its Resolution 2172 (2017) on the situation in Belarus which deplores the lack of respect for international nuclear safety standards and major incidents on the construction site. In light of the latest developments, notably the national stress test report (comprehensive risk and safety assessment) and the related peer review mission, the Assembly urges the nuclear regulatory authorities of Belarus not to issue an operational license for the Ostrovets plant before: 7.1. the recommendations of the European Nuclear Safety Regulators Group (ENSREG) peer- review report on the Belarus stress test (adopted by ENSREG on 2 July 2018) are fully implemented; 7.2. seismic resistance of the nuclear power plant, in particular as regards systemic safety functions and the spent fuel pool, is reinforced; 7.3. the Ostrovets reactors' protections against a fall of a heavy commercial airplane are enhanced (as has been done for the same reactor design in Finland); 7.4. incident notification measures in respect of neighbouring communities and countries are improved, and emergency management agreements with the neighbouring countries, in particular Lithuania, are concluded, such as on the basis of the Melk protocol regarding the nuclear power plant in Temeiln, on the border between Austria and the Czech Republic; 7.5. the assessment of the Ostrovets site is fully completed in line with international requirements, including the Convention on Nuclear Safety, the Convention on Environmental Impact Assessment in a Transboundary Context ("Espoo Convention") of the United Nations Economic Commission for Europe (UNECE) and the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters ("Aarhus Convention"), and a full scope International Atomic Energy Agency (IAEA) site evaluation mission (Site and External Events Design Review Service, SEED) is has been carried out for the nuclear power plant site in a comprehensive manner. 8. Regarding the proposed plans by Turkey and the Russian Federation for the construction of the nuclear power plant of Akkuyu in the province of Mersin (Turkey), situated just 85 kilometres from the border with Cyprus and in very close proximity to the other neighbouring countries, the Assembly expresses its deep concern regarding the construction of this nuclear power plant in an earthquake-prone region of Turkey, also as per European Parliament Resolution (2016/2308(1NI) of 6 July 2017. It therefore asks the Turkish Government to join the Espoo Convention and to take into account all concerns expressed also by its own citizens asking it to consult with neighbouring countries according to the International Convention on Nuclear Safety. 9. The Assembly recommends that the competent authorities of all Council of Europe member States with nuclear facilities on their territory: 9.1. enhance the frequency and transparency of periodic safety reviews for nuclear installations, in particular as regards reactors which are more than 40 years old; 9.2. strengthen the independence and capacity of national nuclear regulators; 9.3. reassees, and where necessary reinforce, the physical protection of reactors and spent nuclear fuel pools; 9.4. investigate the cases of drone overflights over nuclear infrastructures and take measures to prevent such overflights from reoccurring; 9.5. reinforce the safety perimeter and protections against unauthorised access to nuclear plants; 2 Resolution 2241 (2018) 9.6. provide adequate information to and ensure transparency towards the local population, including in cross-border areas, about the relevant nuclear safety and security guarantees, radiological emergency management plans and any new measures taken in that respect; 9.7. consider early decommissioning for the potentially most vulnerable nuclear plants where investment in safety and security upgrades versus risk analysis would exceed reasonable amounts; 9.8. improve and consider unifying the nuclear liability regime towards increased coherence of applicable international legal norms and enhanced financial security limits for cross-border compensation of damages in case of nuclear accident. 10. The Assembly also invites the European Commission to enhance the safety perimeter requirements beyond 5 kilometres around nuclear power plants where evacuation, sheltering or iodine prophylaxis may be required in case of nuclear accidents, so as to better take into account the experience from the Fukushima accident and public expectations in terms of radiological protection. 11. Finally, the Assembly calls on the International Atomic Energy Agency to show greater openness to developing contacts and providing essential information to the representatives of national parliaments and regional parliamentary assemblies on the various aspects of the nuclear energy sector that fall within its competence. r ! ' ~' ,. I ' ,, " I I 3 I I lL£;-- Parliamentary Assembly ltft~ Assemblee parlementaire ~~~ r:J!r1!Wlii;lf.~/Mii4wi!'J~""'!ml!i£! ______ Resolution 2242 (2018)1 Provisional version The role of national parliaments in successful decentralisation processes Parliamentary Assembly 1. The Parliamentary Assembly reaffirms the essential role of decentralisation in making public service more responsive to local needs, promoting an accountable exercise of power and building trust in public authorities. Decentralisation has the capacity to improve the well-being of everyone, consolidate democratic systems and promote inclusive growth. All 47 Council of Europe member States have ratified the European Charter of Local Self-Government (ETS No. 122), thereby recognising that local democracy is a shared European value. 2. The Assembly welcomes the decision of the Croatian Chairmanship of the Committee of Ministers (18 May-21 November 2018) to include decentralisation among its priorities, as this provides a valuable opportunity to take stock of good practice and lessons learned, and to give a new impetus to decentralisation in the Council of Europe member States. 3. Against this backdrop, the Assembly is concerned about the current trend of decentralisation processes stalling or being reversed in some countries. 4. The Assembly notes that some decentralisation processes have not succeeded in achieving their stated objectives, due either to inadequate consultation of citizens, local authorities and their associations, to insufficient or too limited devolution of competences, or to a discrepancy between the devolved responsibilities and available financial resources. A high level of political polarisation in some countries has I'I also created substantial obstacles for such reforms. 5. The Assembly is convinced that local and regional democracy must be further strengthened as an essential precondition to the well-being and democratic security of our societies, and highlights the importance of developing policies that build on past experiences, are forward-looking and allow for ongoing adaptation. " 6. The success of decentralisation depends, to a great extent, on the quality of the political processes by which new agreements to transfer competences, funding and staff are negotiated, endorsed and implemented in practice. Parliaments are elected to represent the will of the people and must be central actors in such processes, as guarantors of general interest. " 7. In the light of the above, the Assembly calls on the Council of Europe member States to reinforce their support of decentralisation through their laws, policies and practices, and in particular recommends that they: 7.1. with respect to national, federal and regional parliaments: 7.1.1. involve parliaments in the development and implementation of decentralisation reforms frorn the very beginning and at all stages of the process, including in monitoring and evaluation; 1. Assel)lbly debate on 11 October 2018 (35th Sitting) (see Doc. 14623, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Mr Lufs Leite Ramos). Text adopted by the Assembly on 11 October 2018 (35th Sitting). i I 11 Resolution 2242 (2018) 7.1.2. take measures to ensure that, once voted, decentralisation processes are implemented as planned (subject to changes dictated by evolving experience), in the interest of the populations concerned, with full respect for national constitutional orders and the rule of law, and are not unreasonably rolled back because of changing parliamentary majorities. This can include the setting up or the consolidation, where they exist, of permanent parliamentary committees, monitoring bodies, joint government/parliament committees or multi-partner platforms entrusted with overseeing decentralisation processes; 7.1.3. ensure that the rules of procedure of relevant committees include specific provisions on the organisation of consultations with local authorities, including full access for local authority representatives to all relevant documents and a possibility to present written opinions on draft legislation, 7.1.4. support the organisation of comprehensive and effective consultations on decentralisation issues, bringing together associations of local and regional authorities, non governmental organisations and citizens, in particular on draft laws to be discussed in parliament; 7.1.5. enshrine in legislation the key mechanisms of decentralisation, including those dealing with consultation, the definition of competences of different levels of government and capacity building for public servants, in line with the provisions of the European Charter of Local Self Government, in particular the principle of local self-government; 7.1.6. ensure that the financial and fiscal capacities of local and regional authorities match the responsibilities being transferred in the process of decentralisation. This will guarantee the stability and continuity of quality public services committed to by the State and provided by local authorities to citizens; 7.1.7. strengthen popular confidence in local democracy by ensuring that local authorities dealing with decentralisation have political legitimacy. In this regard, facilitate the organisation of local elections in a timely manner, and introduce proper safeguards to prevent the unjustified delay of the electoral process at the local/regional level; 7.1.8. improve access to public services by ensuring adequate representation of local communities and indigenous peoples in legislatures, on the basis of the principles of inclusivity and non-discrimination; 7.2. with respect to the statutory framework: 7 .2.1. ensure that decentralisation processes take place within reciprocal respect of an institutional and constitutional framework, in consultation with all the parties concerned; 7.2.2. provide adequate legal guarantees to ensure that local authorities may implement their powers effectively and without obstacles establishing effective mechanisms of accountability that ensure compliance with transfer agreements among different administrations; 7.2.3. establish or strengthen the regulatory framework for ensuring financial stability of local and regional authorities and a fair distribution of public financial resources between the different tiers of government; 7.2.4. establish or strengthen equalisation mechanisms to ensure a degree of solidarity between better-off and less well-off authorities throughout the country, while avoiding penalising the most successful and efficient local authorities for their efforts; 7.2.5. ensure the existence of well-designed decision-making procedures for the reform of boundaries and/or structures of local and regional authorities; 7.2.6. ensure that equality of access to public services across sub-national entities is at the core of any decentralisation process; 7.3. with respect to capacity building, public awareness and co-operation: 7.:3.1. run awareness-raising and information campaigns to promote broader participation in public debate on decentralisation, including the use of e-participation tools; 2 Resolution 2242 (2018) 7.4. with respect to Council of Europe instruments and institutions: 7.4.1. ensure the full implementation of the recommendations of the Congress of Local and Regional Authorities of the Council of Europe resulting from their monitoring missions to member States of the Council of Europe and roadmaps prepared within the framework of Congress post monitoring activities in order to fully comply with the commitments under the European Charter of Local Self-Government; 7.4.2. withdraw the existing reservations to the provisions of the European Charter of Local Self-Government; sign and ratify the Additional Protocol to the Charter on the right to participate in the affairs of a local authority (GETS No. 207); and ensure the direct applicability of the Charter in domestic legal systems; 7.4.3. sign and ratify - as appropriate - the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No. 106, "Madrid Convention") and its three Protocols; 7.4.4. make full use of Committee of Ministers' "Guidelines for civil participation in political decision making" (CM(2017)83-final); 7.4.5. make full use of the capacity-building tools for good governance developed by the Centre of Expertise for Local Government Reform, such as the tools on the 12 Principles of I. Good Governance, and of the assistance and guidance available through the European Committee on Democracy and Governance (CDDG). 8. For its part, the Assembly resolves to further strengthen its co-operation with the Congress of Local and Regional Authorities, in particular through the work of the Assembly's General Rapporteur on Local and f' Regional Authorities, and continued dialogue between the monitoring bodies of the Assembly and the Congress. The Assembly also resolves to continue to be involved in the work of the European Committee on I Democracy and Governance with a view to sustaining and facilitating dialogue with governments and promoting decentralisation goals. " ; ' ' ' 3 I I li/;:;-- Parliamentary Assembly ttfl~ Assemblee parlementaire ~-,~ ~~~~~~~~~~-~·~~~~~~~~~~~~~~~~~~~mm CONSEIL DE LEUROPE Resolution 2243 (2018)1 Provisional version Family reunification of refugees and migrants in the Council of Europe member States Parliamentary Assembly 1. The Parliamentary Assembly is deeply concerned about growing political discourse and action against l. foreigners, which are a real threat to the protection of refugees and in particular their family life. Families must not be torn apart and should not be prevented from reuniting after an often dangerous and challenging departure from their country of origin, where their fundamental rights to safety and security were threatened. 2. Recalling that member States are committed to protecting the right to family life under Article 8 of the r. European Convention on Human Rights (ETS No. 5, «the Convention»), the Assembly emphasises that this I right applies to everyone, including refugees and migrants. Member States must provide for safe and regular I means of family reunification, thus reducing the recourse to smugglers and mitigating the risks associated with irregular migration. 3. The Assembly points out that there is no common definition of family with respect to the right to family reunification. While member States may enjoy a broad margin of appreciation in matters concerning morals " and religion, family rights require a higher level of protection under the Convention. National authorities should therefore adopt an enabling approach to family reunification beyond the traditional definition of family which does not necessarily correspond to the multitude of ways in which people live together as a family today. 4. Children must not be discriminated against because their parents are unmarried, divorced or remarried, because they live in "rainbow" families or because they have been adopted by another person or brought up by grandparents or siblings. National authorities should pay particular attention to vulnerable persons, such as young children and family members with special physical or mental needs, who depend to a larger degree on family reunification. Refugees must also be allowed to demonstrate family links formed in exile or while fleeing. .' ' 5. People fleeing persecution or war have the right to international protection, and their separated family members have the right to the same protection in accordance with the United Nations Convention relating to the Status of Refugees. States should therefore ensure consistency in granting refugee status to members of the same family and thereby ensure that family life is protected, as required under Article 8 of the European Convention on Human Rights. Beneficiaries of international protection should have access to information p ' about family reunification procedures, application forms and legal assistance in a language they can understand. Member States should consider establishing a revolving fund through bilateral agreements or national or European schemes, in order to cover the family reunification costs of beneficiaries of international protection who cannot afford it. 6. The Assembly notes with concern that national law often refuses the delivery of visas to family members of individuals who have not been granted refugee status but have been given subsidiary or temporary protection on humanitarian grounds. The protection of family life and the requirements of the best 1. Assembly debate on 11 October 2018 (35th Sitting) (see Doc. 14626, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Ulla Sandbrek). Text adopted by the Assembly on 11 October 2018 (35th Sitting). See also Recommendation 2141 (2018). I I Resolution 2243 (2018) interest of the child under Article 10 of the United Nations Convention on the Rights of the Child necessitate, however, that such persons should be able to maintain their family unity or to reunite with family members. Such subsidiary or temporary protection status must not be considered as an "alternative refugee status" with fewer rights. States should thus not substitute subsidiary or temporary protection status for refugee status, in order to limit family reunification due to the temporary and personal nature of this subsidiary status. 7. Regarding migrants, the Assembly emphasises that the protection of their family life and the best interest of the child require that visa requirements for family members of migrants must not be a de facto obstacle to maintaining family unity. The Assembly particularly regrets that some States have high financial requirements or long waiting periods for migrants who wish to apply for visas for their family members. Where States are member of the European Union, European Union legislation on the freedom of movement of persons, including family members, must also be respected. 8. Under Article 10.2 of the Convention on the Rights of the Child, a child whose parents reside in different States shall have the right to maintain, on a regular basis, personal relations and direct contacts with both parents. The Assembly regrets that this right is often disregarded in the case of refugees and migrants. National authorities must duly protect this right by ensuring that both parents of a child are identified and contacted and enjoy equal rights to family reunification with their children. No parent must be discriminated against and discriminatory foreign laws must not be implemented by member States if such laws grant more rights to one parent, for instance on gender or religious grounds. 9. Regarding minors who apply for refugee status abroad, the Assembly calls on national authorities to respect the Hague Convention on the Civil Aspects of International Child Abduction, because abduction can also refer to trafficked or smuggled minors or minors accompanied by only one parent. As this convention applies to children up to the age of 16, national authorities should have a distinct procedure for refugees and migrants below this age. This convention must also be respected where unaccompanied children are put under the guardianship of other persons, in order to ensure the protection of family life of those children. Ongoing divorce proceedings should not be a hindrance to family reunification, as family reunification must serve primarily the best interests of the child. 10. The Assembly recalls that child refugees and minors have rights under the revised European Social Charter (ETS No. 163), including the right to financial and other support by the authorities of the States in which they reside. Therefore, family reunification should not be dependent on the financial situation of a parent who is a migrant or refugee. In this context, the Assembly notes with concern that children are sometimes left behind in another country for financial reasons and the fact that child allowances are often paid irrespective of the actual residence of children under European Union legislation and national laws. In accordance with the European Social Carter, responsibility rests with the national authorities where a child resides. 11. The Assembly also underlines that migrant and refugee children belong to the most vulnerable groups, especially those who are unaccompanied and separated from their families. They frequently suffer persistent violations of their human rights and fall through loopholes in child protection frameworks. One of the vital measures is that an effective guardian is appointed. 12. Family reunification is often hindered by the fact that the whereabouts of family members are unknown. National authorities must therefore ensure that all refugees and migrants are registered upon arrival and that such data is shared with competent authorities in other member States, in particular through the European Union's Schengen Visa Information System. This is particularly crucial for unaccompanied minors for tracing and finding their parents and other family members. Without such data, family reunification might become a matter of chance, which is in violation of the right to protection of family life. In this context, the Assembly welcomes the long-standing work of the International Committee of the Red Cross (ICRC) in tracing missing family members and encourages greater co-operation between the ICRC and national authorities. 13. Family reunification also requires adequate and functioning administrative procedures by competent authorities, including consular services abroad. Countries of origin must deliver or reissue identification documents without delay and receiving countries must issue Refugee Convention Travel Documents or migrant visas, which allow the bearer to travel to family members and maintain family unity also across borders, in accordance with the European Agreement on the Abolition of Visas for Refugees (ETS No. 31) and, where applicable, European Union legislation. Member States should accept ICRC travel documents for family reunification purposes. 2 Resolution 2243 (2018) 14. The Assembly calls on all member States to develop and respect common guidelines for the implementation of the right to family reunification, in order to ensure that refugees and migrants are not forced to go to those countries where family reunification is easier. Hindrances to the protection of family life are not admissible under Article 8 of the European Convention on Human Rights to deter migrants or refugees and their family members. I r. ' .' .' .' ; ' 3 I' Parliamentary Assembly Assemblee parlementaire t~~ ~~-~m~flh'Atc?ti®'r.c!ll. ~§;I!I!R•••-E-B ______I!II Resolution 2244 (2018)1 Provisional version Migration from a gender perspective: empowering women as key actors for integration Parliamentary Assembly 1. Europe is more than ever a destination for people seeking international protection due to wars and l. political turmoil or escaping from poverty and extreme hardship. This recent inflow adds to the numbers of migrants and refugees who have permanently settled in European countries, sometimes for several generations. 2. Although the migration issue has become the focus of much media and political attention and has been heralded as a priority in the manifestos of all populist political forces, emphasis is all too often placed on dramatic events such as large-scale arrivals of migrants and refugees, on the actual or purported limited absorption capacity of, and financial burden on, some States and societies, or on the crisis of the migration management policy of the European Union. 3. The Parliamentary Assembly believes that the political and public debate should pay greater attention to integration policies since, ultimately, the degree to which migrants and refugees become a resource and strength for the host country and are able to contribute to its cultural and economic richness depends on their level of Integration. 4. In addition, for integration policies to be successful, they must take into account the demographics of migration: while women used to represent a low proportion of the migrant inflow and often arrived in Europe through family reunification, today they migrate independently and in larger numbers. While they flee for a better life, a number of women face non-respect of their rights, including falling victim to trafficking, slavery and systematic sexual abuse, as well as ethnic or racist discrimination. This makes it even more necessary for integration policies and measures to be gender-sensitive, in order to tackle the vulnerabilities of women throughout the migration process while at the same time empowering them as key actors and multipliers of integration. ' ' 5. The Assembly reiterates its Resolution 2159 (2017) on protecting refugee women and girls from gender-based violence and recalls that several provisions of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (GETS No. 210, "Istanbul Convention") specifically refer to migrant and refugee women. Regretting that migrant women are subjected to multiple and intersectional discrimination, the Assembly welcomes the inclusion, in the Council of Europe Gender Equality Strategy 2018-2023, of a strategic objective on Protecting the rights of migrant, refugee and asylum-seeking women and girls. 6. The Assembly underlines the importance of the Istanbul Convention, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (GETS No. 201) and the Council of Europe Convention on Action against Trafficking in Human Beings (GETS No. 197) and the need to effectively implement them in order to provide protection to migrant and refugee women and girls and to ensure that all the necessary conditions are in place for them to become a source of strength for our societies. 1. Assembly debate on 11 October 2018 (35th Sitting) (see Doc. 14606, report of the Committee on Equality and Non Discrimination, rapporteur: Ms Gabriela Heinrich; and Doc. 14630, opinion of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Eva-Lena Jansson). Text adopted by /he Assembly on 11 October 2018 (35th Sitting). I' .' Resolution 2244 (2018) 7. Because of the role they play within their families and communities, the Assembly is convinced that investing in the integration of migrant and refugee women enables the creation of a solid basis for the inclusion and integration of future generations and for the development of peaceful, inclusive and cohesive societies based on shared values and respect for diversity. In this sense, the present resolution should be considered as complementary to Assembly Resolution 2176 (2017) "Integration of refugees in times of critical pressure: learning from recent experience and examples of best practice". 8. In the light of the above, the Assembly calls on the member States of the Council of Europe to: 8.1. ensure gender sensitivity in the design, implementation, evaluation and follow-up of all integration policies for migrants and refugees; 8.2. promote empowerment of migrant and refugee women by countering all forms of gender-based or gender-specific discrimination, including in access to education and work, and devise specific measures and programmes with a view to facilitating their access; 8.3. ensure that the protection provided by legal treaties, notably the Istanbul Convention, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse and the Council of Europe Convention on Action against Trafficking in Human Beings is well known to all those responsible for dealing with migrant women and that the treaties are efficiently implemented; 8.4. ensure that the social rights of refugees and migrants are respected in a gender-neutral way, in accordance with the revised European Social Charter (ETS No. 163), in particular regarding parental leave; 8.5. raise migrant and refugee women's awareness of their rights, including as regards access to education and work, participation in social, economic and cultural life, protection against gender-based and domestic violence, and access to justice; 8.6. ensure that a right to family reunification is enforced without undue delay, especially for unaccompanied child refugees or family members who are in need of family support; 8.7. encourage and support initiatives aimed at empowering migrant and refugee women within their families, in their communities and in society at large, by developing their self-confidence and self determination and by protecting women and girls from negative social control; 8.8. protect migrant and refugee women from all forms of violence against women, including child marriages, female genital mutilation and so-called "honour crimes"; 8.9. provide migrant and refugee women with gender-specific information on the cultural norms and expectations of the host society, with a view to helping them to identify their role, their responsibilities, their fundamental rights and freedoms, and the opportunities available to them; 8.10. provide opportunities for language training specifically targeted at women and available from an early stage after their arrival in the host country; 8.11. provide opportunities for vocational training and higher education, taking into account the skills and specific needs of migrant and refugee women and recognition of educational and professional qualifications; 8.12. conduct information and awareness-raising activities targeting migrant and refugee women and men on gender equality and women's rights as enshrined in the law of the host country; 8.13. support and co-operate closely with civil society and all actors willing to contribute to migrant and refugee women's integration and empowerment, including social partners and migrant and refugee women's organisations; 8.14. establish mechanisms to ensure the systematic consultation of organisations of migrant and refugee women, as well as those representing migrant and refugee women; 8.15. integrate gender equality in the training of professionals and public officials at all levels involved in the elaboration and implementation of integration programmes; 8.16. support mentoring programmes aimed at migrant and refugee women and support the use of positive role models; 8.17. collect and produce detailed gender-specific statistical data on migrants and refugees, in order to define most pressing needs, to detect specific vulnerabilities and strengths and to allow for developing targeted and more individualised national integration policies. 2 Resolution 2244 (2018} 9. The Assembly recommends enhancing gender mainstreaming in its work relating to migration and refugees, and in the activities of the Parliamentary Campaign to End the Immigration Detention of Children and of the Parliamentary Network on Diaspora Policies. ..' ,, " " " 3 II Parliamentary Assembly Assemblee parlementaire t~'~ ~~~~~~m~-~~~~~~~~~~~~~~~~~~~~~ Resolution 2245 (2018)1 Provisional version Deal~making in criminal proceedings: the need for minimum standards for trial waiver systems Parliamentary Assembly 1, The Parliamentary Assembly recalls the obligation of member States to ensure fair trials in criminal I proceedings. The safeguards foreseen in the European Convention on Human Rights (ETS No. 5, "the Convention"), in particular its Article 6, are designed to protect the innocent and to promote equality of arms between the prosecution and the defence in the interest of material justice. 2. It notes that in many member States of the Council of Europe and in States having observer or other status with the Council of Europe or the Assembly, regular criminal trials have gradually been replaced by different forms of trial waiver systems (also called plea bargaining, guilty pleas, abridged trials or summary procedures), In a number of countries, only a minority of criminal convictions are still based on regular trials. 3. The rapid development of trial waiver systems, in particular in central and eastern Europe and in the successor countries of the former Soviet Union, is partly due to efforts by the United States to promote American-style plea bargaining as part of the technical assistance provided to the newly established democracies for the reform of their judicial systems. Given the marked differences in the criminal justice systems within Europe and between Europe and the United States, such a transposition is fraught with risks that need to be counteracted in order to minimise abuse. In particular, the extensive powers of the prosecution (prokuratura) in the criminal justice systems of certain eastern European countries must be counter-balanced by a stronger defence and a more active role of the court if "plea bargaining" is not to deteriorate into blackmail. 4, Trial waiver systems have clear potential advantages: 4,1, they save resources that would be required to fully and thoroughly investigate all suspected crimes and systematically hold full trials in open court. Some less serious, although frequently committed types of delinquency may not justify the investment in each case of scarce law-enforcement " and judicial resources required for a regular trial; 4.2. they facilitate concentration of the limited law-enforcement resources on well-defined priority fields of criminal activity; " 4.3. they can help the fight against organised crime, money laundering and other forms of complex criminality, where inroads into closed criminal structures can be facilitated by the prosecutors' ability to offer "deals" to potential crown witnesses; 4.4. they allow suspects who confess and are ready to accept a sentence to avoid a long pretrial investigation which might restrict their rights. 1. Assembly debate on 12 October 2018 (36th Sitting) (see Doc. 14618, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Boriss CileviCs). Text adopted by the Assembly on 12 October 2018 (36th Sitting). See also Recommendation 2142 (2018). i I I I Resolution 2245 (2018) 5. But trial waiver systems also have serious drawbacks: 5.1. they are open to abuse by both the prosecution and the defence. A prosecutor may threaten a defendant with an inappropriately harsh sentence if he or she does not confess, even in the absence of sufficient evidence; and a defence counsel may lure an overburdened prosecutor in a complex case into accepting a partial confession and a mild sanction whilst disregarding other, more serious criminal activity. Typically, the first type of abuse victimises young and poor offenders whereas the second type benefits wealthy white collar criminals; 5.2. by saving prosecutors the need to make their case in open court, widespread trial waivers in time affect the authorities' very ability to carry out solid investigations; 5.3. the secrecy of "deal-making" undermines the public's trust in the judiciary and the fair and non- discriminatory application of the law; 5.4. by increasing the case-processing capacity of the criminal justice system, without increasing its resources, plea bargaining increases the overall number of criminal convictions. This increase ("net widening effect") may be inconsistent with optimal penal policy and the cost of any resulting higher prison population may well negate the judicial resources saved by trial waivers. 6. The Assembly considers that appropriate safeguards are needed to ensure that member States enjoy the potential benefits that trial waiver systems may offer, whilst minimising the threat to human rights, in particular the right to a fair trial. 7. It welcomes and encourages the sharing of good practices that have already been introduced in several member States, including: 7.1. the mandatory involvement of a lawyer (Croatia, Estonia, France, Georgia, Ireland, Luxembourg, "the former Yugoslav Republic of Macedonia" and Switzerland); 7.2. the imposition of minimum requirements for investigations and the disclosure of their results (Finland, Germany and Luxembourg); 7.3. the requirement of judicial scrutiny of key elements of the plea agreement and the limitation of the differential between the sanction resulting from a full trial and that offered as part of a plea bargain (Germany); 7.4. the prohibition of the waiver of the right to appeal and the possibility to revoke an agreement in certain circumstances (Germany). 8. The Assembly calls on all member States and States having observer or other status with the Council of Europe or the Assembly to implement the following safeguards, whose effectiveness will ultimately depend on the existence of a truly independent judiciary to: 8.1. make the involvement of a lawyer obligatory, as a condition for the validity of a plea bargain, if need be funded by legal aid, so as to ensure that defendants, in particular vulnerable ones such as young offenders, are treated fairly- as required by Article 6.3.c of the European Convention on Human Rights; 8.2. impose a minimum level of investigations into the crime underlying the plea agreement and the disclosure of the results of the investigation, to enable the defendant to make an informed choice, in accordance with the right to presumption of innocence under Article 6.2 of the Convention, and to protect the confidence of the general public in the fairness of the criminal justice system; 8.3. require judicial scrutiny of key elements of the plea agreement, regarding in particular the credibility and voluntary nature of the underlying confession and the appropriateness of the sanction resulting from the plea agreement, and to envisage adequate accountability for intimidation, duress and other abuse in the course of plea bargaining; 8.4. limit the differential between the sanction resulting from a full trial and that offered as part of a plea bargain ("trial penalty"), thus avoiding unfair pressure on the accused whilst ensuring that sanctions remain within an appropriate range and justice is seen to be done; 8.5. prohibit the waiver of appeal rights, in order to ensure sufficient control, at the national level, of the actual practice of lower courts in the field of plea bargaining; 2 Resolution 2245 (2018) 8.6. foresee the possibility of revoking a plea agreement in certain circumstances, in particular when new facts arise or become known which make the plea agreement inappropriate and require further prosecutorial action; in such a case, a confession made as part of the agreement must not be used against the defendant; 8. 7. minimise the use of pretrial detention against persons suspected of less serious crimes by making use of alternative measures; 8.8. monitor indicators of racial or wealth bias or discrimination in the reduction of sentences following guilty pleas, and take appropriate awareness-raising, training and, if need be, disciplinary measures in order to counteract any such bias or discrimination; 8.9. ensure that the law-enforcement authorities and the criminal courts are properly resourced so as to avoid excessive recourse to trial waiver systems for purely budgetary reasons and to enable the meaningful implementation of the safeguards recommended above; 8.1 0. ensure proper monitoring and control by courts and law-enforcement bodies to avoid blackmail, pressure or any other manipulation aimed at compelling suspects to engage in a trial waver system. l ..I r , ' 3 ll ~ Parliamentary Assembly ttfl~ Assemblee parlementaire ~~~ ~~~~~~~m~~~w~~~~Iw~~~~&&&&&&~&&~~ COf\ISEIL DE !.:EUROPE Resolution 2246 (2018)1 Provisional version The crash of Polish Air Force Tu-154M transporting the Polish State delegation, on 10 April 2010 on the Russian Federation's territory Parliamentary Assembly I 1. On 10 April 201 0, a Tupolev Tu-154M aircraft was carrying the Polish State delegation, led by President Lech Kaczynski, from Warsaw to Smolensk, in the Russian Federation, to attend a ceremony marking the 70th anniversary of the Katyn massacre. The plane crashed at Smolensk Severny aerodrome, killing all 96 persons on board (eight crew members and 88 passengers). The victims included President Lech Kaczynski, t· his wife Maria and many dignitaries and high-ranking Polish officials, including military chiefs of staff (army, air force and navy) and the President of the National Bank of Poland. 2. The Parliamentary Assembly notes that investigations were commenced immediately after the crash in order to determine the factors that led to this tragic event. Whilst Poland would have been entitled to lead the investigation, the Polish Government agreed with its Russian counterpart that the air safety investigation into the causes of the crash be carried out by the Russian Inter-State Aviation Committee (as the competent authority in the State where the crash took place), with the participation of Polish experts. Both States agreed that the main technical investigation be conducted according to the International Standards and Recommended Practices specified in Annex 13 of the Convention on International Civil Aviation (Chicago Convention), which normally apply to civil aviation, despite the fact that the Polish Air Force Tu-154M was registered as a State aircraft and the fateful flight served State purposes. 3. The report of the investigation team of the Russian Inter-State Aviation Committee published on 12 January 2011 concluded that "[!]he immediate cause of the accident was the failure of the crew to take a timely decision to proceed to an alternate aerodrome although they were numerous times timely informed on the actual weather conditions at Smolensk "Severny" Airdrome that were significantly lower than the established airdrome minima; descent without visual contact with ground references to an altitude much lower I'' than minimum descent altitude for go-around (100m) in order to establish visual flight as well as no reaction to the numerous TAWS warnings [Terrain Awareness and Warning System] which led to controlled flight into terrain, aircraft destruction and death of the crew and passengers". 4. The Polish authorities' comments on the draft of the Russian Inter-State Aviation Committee report were not taken into account in the final version of the report. The Polish Committee for Investigation of National Aviation Accidents subsequently issued its own report, on 29 July 2011. This report stipulates that "[!]he immediate cause of the accident was the descent below the minimum descent altitude at an excessive rate of descent in weather conditions which prevented visual contact with the ground, as well as a delayed execution of the go-around procedure. Those circumstances led to an impact on a terrain obstacle resulting in separation of a part of the left wing with aileron and consequently to the loss of aircraft control and eventual ground impact". 1. Assembly debate on 12 October 2018 (36th Sitting) (see Doc. 14607, report of the Committee on Legal Affairs and I Human Rights, rapporteur: Mr Pieter Omtzigt). Text adopted by 1/Je Assembly on 12 October 2018 (36th Sitting). . '·~ ~ I r. •[!} ~ , I " Resolution 2246 (2018) 5. Whilst both reports agree on the basic nature of the tragedy as an accident, the Russian report places all responsibility on the aircraft's crew members; the Polish investigators concluded that Russian air traffic control also played a part in the accident by transmitting incorrect information to the crew regarding the aircraft's position, and that deficiencies of Smolensk airport contributed to the crash. The Polish side has also put into doubt the independence and neutrality of the Russian Inter-State Aviation Committee. 6. On 11 April 2018, the Committee for Re-Investigation of the Crash of Tu-154M in Smolensk, Russia, appointed by the Polish Government, published a new preliminary report in which it concluded that the aircraft was "destroyed in the air as a result of several explosions". 7. Now, over eight years after the accident, the Russian Federation still maintains possession of the plane wreckage, the black boxes with original flight data recordings and other evidentiary material. Whilst copies of fiight data recordings and some material evidence have been transmitted to the Polish authorities, Poland has strongly insisted for years that the wreckage and all original materials be returned. In both countries, criminal investigations relating to the crash are still open. 8. The Assembly recalls that under Annex 13 of the Chicago Convention, the State of occurrence is required to return the wreckage and other evidentiary material to the State of registration of the aircraft as soon as the technical air safety investigation is completed, which was the case in January 2011. The continuing refusal of the Russian authorities to return the wreckage and other evidence constitutes an abuse of rights and has fuelled speculation on the Polish side that Russia has something to hide. 9. The Assembly therefore calls on the governments of the Russian Federation and the Republic of Poland to engage in international mediation on how to implement the conclusions in paragraph 10.1, and to report back to the Assembly on the results within 12 months of the adoption of this resolution. 10. Given that the technical air safety investigation by the Russian Inter-State Aviation Committee was completed, and its Final Report published in 2011, the Assembly further calls on the Russian Federation to: 10.1. hand over the wreckage of the Polish Air Force Tu-154M to the competent Polish authorities without further delay, in close co-operation with Polish experts, and in a manner that avoids any further deterioration of potential evidence; 10.2. meanwhile, adequately protect the wreckage in a manner agreed with Polish experts; 10.3. refrain from carrying out any more activities at the site of the crash that could be seen as desecrating this location, which has a powerful emotional significance for many Poles. 11. The Assembly further calls on the law-enforcement authorities of both States to fully co-operate in establishing any possible criminal responsibilities related to the crash, including by swiftly making any evidence available on the request of the other State. 12. Finally, the Assembly solemnly recalls the purpose of the fateful flight: transporting the most senior representatives of the Polish State to a memorial ceremony at Katyli, the site of the massacre of thousands of Polish patriots by Stalin's secret police in the spring of 1940. Whilst the Soviet Union had long refused to accept its responsibility for this crime, it finally recognised the facts in 1990. The process of reconciliation between Poles and Russians, which must continue on the basis of historical truth, should not be put at risk by any abusive or provocative behaviour relating to the tragic events in Smolensk. 2 ~ Parliamentary Assembly lifL~ Assemblee parlementaire :.->-,~~ ~~d$»~~~~~-,~o~~~,~·rnm~~aaammRom~gme=mmummmmBmsawmmmm.. ae~ SECRETARIAT AS/Cult (2018) CB 07 15 October 2018 To the members of the Committee on Culture, Science, Education and Media Synopsis of the meeting held in Strasbourg on 11 October 2018 The Committee on Culture, Science, Education and Media, meeting in Strasbourg on 11 October 2018 i' with Ms Maria Concepcion de Santa Ana (Spain, EPP/CD) in the Chair, Thursday 11 October 2018 from 8.30 am to 10 am. as regards: Election of the first Vice-Chairperson: elected by acclamation Lord George Foulkes (United Kingdom, SOC) 1•1 Vice-Chairperson; World Forum for Democracy- Strasbourg, 19-21 November 2018: took note of the updated draft programme of the next forum on the theme "Gender Equality: Whose Battle?"; Strengthening the role of young people in the prevention and resolution. of conflicts (Rapporteur: Ms Judith Pal/ares, Andorra, ALOE): held a hearing with the participation. of Ms Gizem Kilinr;:, Member of the Advisory Council on Youth (CCJ) of the Council of Europe, United Network of Young Peacebuilders (UNOY), Netherlands, Mr Ramon Tena Pera, Director of Dia/oga, Andorra, and ., trainer at the Council of Europe Youth Peace Camp, and Mr Rui Gomes, Head of Education and Training Division, Youth Department, DGIJ- Directorate General of Democracy, Council of Europe; Other business: at the request of Mr Petri Honkonen (Finland, ALDE), rapporteur on "Public service media in the context of fake news and propaganda", decided to change the title of the report to "Public service media in the context of disinformation and propaganda"; .' Thursday 11 October from 2 pm to 3.30 pm, as regards: Safeguarding and enhancing Europe's intangible cultural heritage (Rapporteur: Mr Andries Gryffroy, Belgium, NR): considered a preliminary draft report; .' The role of education in the digital era: from "digital natives" to "digital citizens" (Rapporteur: Mr Constantinos Efstathiou, Cyprus, SOC): heard an oral proposal by the rapporteur concerning the content of a draft resolution; Follow-up of replies from the Committee of Ministers: considered and agreed on: • the proposals of follow-up from the Sub-Committee on Media and Information Society, to: o the reply from the Committee of Ministers (Doc. ·J4393) to Recommendation 2097 (2017) "Attacks against journalists and media freedom in Europe"; o the reply from the Committee of Ministers (Doc. 14468) to Recommendation 2111 (2017) "Political influence over independent media and journalists"; • the proposal of follow-up, from the Sub-Committee on Education, Youth and Sport, to the reply from the Committee of Ministers (Doc.14602) to Recommendation 2120 (2018) on "Working I ' towards a framework for modern sports governance"; I ' Composition of sub-committees: approved the following changes: • Sub-Committee on Culture, Diversity and Heritage: Mr Kamil Aydin (Turkey, EC) becomes member and Ms Sena Nur c;;elik (Turkey, FDG) becomes his alternate; Mr Attila Tilki (Hungary, EPP/CD) and Mr Koloman Brenner (Hungary, NR) become members; • Sub-Committee on Education, Youth and Sport: Mr Zeki Hakan Sidali (Turkey, EPP/CD) becomes member and Mr Kamil Aydin (Turkey, EC) becomes his alternate; Mr Rafael Huseynov (Azerbaijan, ALDE) becomes member; • Sub-Committee on Media and Information Society: Mr Rafael Huseynov leaves the sub committee; Mr Yunus Emre (Turkey, SOC) becomes member and Mr Zeki Hakan Sidali (Turkey, EPP/CD) becomes his alternate; Committee work programme: Reports on recent meetings: was informed by: • Mr Andries Gryffroy (Belgium, NR), Assembly representative to the Pan-European Federation for Heritage (Europa Nostra), on the Europa Nostra Annual Conference held in Berlin, on 20-21 June 2018; • Mr Mogens Jensen (Denmark, SOC), rapporteur on "Football governance and ethics: business or values?", on the first "Oiympism in Action" forum organised by the International Olympic Committee (IOC) in Buenos Aires, Argentina, on 5-6 October 2018; Approval of rapporteurs' fact finding visits: approved, with no costs for the Assembly, the fact finding visit by Mr Georgios Mavrotas (Greece, SOC), rapporteur on "Strengthening the link between popular sports events and cultural heritage", to Athens, Greece (dates to be agreed on); Appointment of representatives for forthcoming events: appointed, with no costs for the Assembly: • Mr Luis Leite Ramos (Portugal, EPP/CD), Assembly representative to the European Centre for Global Interdependence and Solidarity (North-South Centre), to participate in the Lisbon forum on 15-16 November 2018; subject to the availability of funds: • Ms Judith Pal lares (Andorra, ALDE), rapporteur on "Strengthening the role of young people in the prevention and resolution of conflicts", to participate in the Lisbon forum of the North-South Centre on 15-16 November 2018; • Mr Stefan Schennach (Austria, SOC), rapporteur for follow-up on "Deliberate destruction and illegal trafficking of cultural heritage", to participate in the seminar on "Fighting the illicit trafficking of cultural property" organised by UNESCO and the European Union in Paris, on 26 November 2018; • Mr Stefan Schennach (Austria, SOC), General Rapporteur on Science and Technology Impact Assessment, to participate in the Council meeting and the Conference 2018 of the European Parliamentary Technology Assessment Network (EPTA) in Brussels, on 3-4 December 2018; Sub-Committees: was informed by Mr Georgios Mavrotas (Greece, SOC), Chairperson of the Sub Committee on Education, Youth and Sport, about the next meeting of the sub-committee which will be jointly held with the Sub-Committee on Children (of the Committee on Social Affairs, Health and Sustainable Development) on 17-18 October 2018 in Tbilisi, Georgia, in the margins of the 151h Council of Europe Conference of Ministers responsible for Sport; Other business: was informed by the Chairperson of the invitation by the Spanish Delegation to hold a committee meeting in Granada, on 4 March 2019, and accepted the invitation subject to the authorisation by the Bureau of the Assembly; 2 Next meetings: decided to hold its next meeting in Paris, on 6-7 December 2018, and to open to the public the hearings and exchanges of views which will take place during this meeting. *** The Sub-Committee on Culture, Diversity and Heritage (of the Committee on Culture, Science, Education and Media), meeting in Strasbourg on Monday 8 October 2018 from 2 pm to 3 pm with Ms Nino Goguadze (Georgia, EC) in the Chair, as regards: Work programme of the sub-committee and future priorities: considered a memorandum on the future priorities of the sub-committee and held an exchange of views with the participation of Mr Matjaz Gruden, Director of Democratic Participation, DGII - Directorate General of Democracy, Council of Europe; Next meeting: decided to leave it to the Chairperson to convene the next meeting. *** The Sub-Committee on Media and Information Society (of the Committee on Culture, Science, Education and Media), meeting in Strasbourg with Mr Petri Honkonen (Finland, ALDE) in the Chair, Tuesday 9 October 2018 from 8.30 am to 10 am. as regards: Information society, democracy and human rights: held a hearing with the participation of Ms r· Victoria Nash, Deputy Director, Oxford Internet Institute, University of Oxford, United Kingdom, Mr Nello Cristianini, Professor of Artificial Intelligence, Intelligent Systems Laboratory, University of Bristol, United Kingdom, and Mr Francisco Segado Boj, Director of the Research Group "Communication and Digital Society", Universidad International de Ia Rioja (UNIR), Spain; the hearing focused on topics of interest for the following reports: " • Internet governance and human rights (Rapporteur: Mr Andres Herkel, Estonia, EPPICD), • Social media: social threads or threats to fundamental freedoms? (Rapporteur: Mr Jose Cepeda, Spain, SOC), • Towards an Internet Ombudsman institution (Rapporteur: Mr Frederic Reiss, France, ~· EPP/CD), ' • Media education in the new media environment (Rapporteur: Ms Nino Goguadze, Georgia, EC); Internet governance and human rights (Rapporteur: Mr Andres Herkel, Estonia, EPP/CD): considered an information memorandum; Wednesday 10 October 2018 from 2 pm to 2.45 pm, as regards: Information disorder; Media literacy: held an exchange of views with the participation of Ms Urska Umek, Head of Media Unit, Media and Internet Governance Division, DGI -Directorate General Human '' Rights and Rule of Law, Council of Europe; Follow-up of replies from the Committee of Ministers: approved and forwarded to the commission: • the proposal of follow-up to the reply from the Committee of Ministers (Doc. 14393) to Recommendation 2097 (2017) "Attacks against journalists and media freedom in Europe", prepared by Mr Volodymyr Ariev, rapporteur for follow-up ; • the proposal of follow-up to the reply from the Committee of Ministers (Doc. 14468) to Recommendation 2111 (2017) "Political influence over independent media and journalists", prepared by Mr Stefan Schennach, rapporteur for follow-up ; Work programme of the sub-committee and future priorities: considered a memorandum on the future priorities of the sub-committee; ~I Next meeting: decided to leave it to the Chairperson to convene the next meeting. *** '' 3 The Sub-Committee on Education, Youth and Sport (of the Committee on Culture, Science, Education and Media), meeting in Strasbourg on Wednesday 10 October 2018 from 2.45 pm to 3.30 pm with Mr Georgios Mavrotas (Greece, SOC) in the Chair, as regards: Work programme of the sub-committee- future priorities: considered a memorandum on the future priorities of the sub-committee; Replies from the Committee of Ministers: approved and forwarded to the commission the proposal of follow-up to the reply from the Committee of Ministers (Doc.14602) to Recommendation 2120 (2018) on "Working towards a framework for modern sports governance", prepared by Mr Mogens Jensen, rapporteur for follow-up ; 15'h Council of Europe Conference of Ministers responsible for Sport, 16 October 2018 and the joint meeting with the Sub-Committee on Children of the Committee on Social Affairs, Health and Sustainable Development, 17-18 October 2018 in Tbilisi, Georgia: took note of the draft agendas of these events; Next meeting: decided to hold its next meeting with the Sub-Committee on Children (of the Committee on Social Affairs, Health and Sustainable Development) in Tbilisi on 17 and 18 October 2018. Roberto Fasino, lvi-Triin Odrats, Dana Karanjac, Eugen Cibotaru cc: Secretary General of the Assembly Directors 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 ·'·• ·---"~"'"·-,- --"""'''' SECRETARIAT ASIJur (2018) CB 07 15 October 2018 To the members of the Committee on Legal Affairs and Human Rights Synopsis of the meeting held in Strasbourg on 8-11 October 2018 .' ' The Committee on Legal Affairs and Human Rights, meeting in Strasbourg from 8-11 October 2018: • on Monday 8 October 2018 at 2.00 pm, with Ms Thorhildur Sunna A:varsd6ttir (Iceland, SOC) in the Chair, as regards, National Parliaments as guarantors of human rights in Europe: took note of the Parliamentary Assembly's recent publication on "National parliaments as guarantors of human rights in Europe'; ~ ' Hearings and exchanges of views during the week: agreed to make the following open to the public: hearing on "Daphne Caruana Galizia's assassination and the rule of law, in Malta and beyond: ensuring that the whole truth emerges" (this hearing also to be webcast); hearing on "The implementation of judgments of the European Court of Human Rights - 101h report'; hearing on "Ensuring greater follow-up of CPT recommendations: enhanced role of the Parliamentary Assembly and of national parliaments'; exchange of views on "Abolition of the Death Penalty: 16'h World Day against the Death Penalty" and the thematic debate on artificial intelligence; Restrictions on NGO activities in Council of Europe activities (Rapporteur: Ms Olena Sotnyk, Ukraine, ALOE): agreed to the Rapporteur's proposal to seize the European Commission for , ' Democracy through Law (Venice Commission) for an opinion on the compatibility with international human rights standards of the Hungarian law of 20 July 2018 amending certain tax laws and other related laws, and on the immigration tax; Daphne Caruana Ga/izia's assassination and the rule of law, in Malta and beyond: ensuring that ,t ' the whole truth emerges (Rapporteur: Mr Pieter Omtzigt, Netherlands, EPPICD): held a hearing with with the participation of Mr Jonathan Price, Barrister, Doughty Street Chambers, London, United Kingdom, Mr Tony Murphy, Partner, Bhatt Murphy Solicitors, London, United Kingdom and Mr Jules Giraudat, International Co-ordinator, Daphne Project, France;. agreed to the Rapporteur's proposal to hold a second hearing at a future meeting with representatives of the Maltese authorities and members of the Caruana Galizia family, subject to the availability of funds; and agreed to the Rapporteur's proposal to request the Venice Commission for an opinion on Malta's constitutional arrangements, the separation of powers and the independence of the judiciary and law enforcement bodies; • on Tuesday 9 October 2018 at 8.30 am, as regards: The implementation ofjudgments of the European Court of Human Rights- 101h report (Rapporteur: Mr Evangelos Venizelos, Greece, SOC): held a hearing with the participation of Mr Martin I ' Kuijer, Venice Commission substitute (the Netherlands), Senior Legal Adviser, Ministry of Security and Justice, Professor, VU University Amsterdam, the Netherlands, and Mr George Stafford, Co-Director, European Implementation Network, Strasbourg, France; agreed to the Rapporteur's proposal to hold exchanges of views with heads of national delegations of the Russian Federation, Turkey, Ukraine, I' • Romania, Italy, Greece, the Republic of Moldova, Bulgaria, Hungary and Azerbaijan in 2019, subject to the availability of funds; Motions for resolution presented on behalf of the Committee on Legal Affairs and Human Rights: agreed to table two motions for resolutions on behalf of the committee, one on "Fighting corruption. General principles of political responsibility", another on the "Urgent need to strengthen Financial Intelligence Units- sharper tools needed to improve confiscation of illegal assets"; Appointment of rapporteurs Declaration of interests - noted that those who had not submitted their 2018 declaration by 30 September 2018 would not be eligible for rapporteurships to be appointed this year; General Rapporteur on the situation of human rights defenders: appointed Mr Raphael Comte (Switzerland, ALDE) and heard from him a declaration of absence of conflict of interests; For opinion: Democracy hacked? How to respond? (Rapporteur for the Committee on Political Affairs and Democracy: Mr Frithjof Schmidt, Germany, SOC): appointed Mr Emanuelis Zingeris (Lithuania, EPP/CD) and heard from him a declaration of absence of conflict of interests; For report: Withdrawing citizenship as a measure to combat terrorism: a human rights-compatible approach? (Rapporteur: Ms Tineke Strik, the Netherlands, SOC): the Rapporteur having been appointed in absentia made a declaration of absence of conflict of interests; • on Wednesday 10 October 2018 at 2pm, as regards: Follow-up to the debate under urgent procedure on "Ukrainian citizens detained as political prisoners by the Russian Federation" (Rapporteur: Mr Emanuelis Zingeris, Lithuania, EPPICD): discussed the follow-up given by the Russian authorities to the Assembly's resolution and adopted a public statement; Unlimited access to member states, including 'grey zones', by Council of Europe and United Nations human rights monitoring bodies (Rapporteur: Mr Frank Schwabe, Germany, SOC): took position on six amendments to the draft resolution and one to the draft recommendation; Abolition of the Death Penalty: 161" World Day against the Death Penalty (General Rapporteur on the abolition of the death penalty: Mr Yves Cruchten, Luxembourg, SOC): held an exchange of views with Mr Valiants in Stefanovic, Deputy Chairman of the Human Rights Center Viasna, Minsk, Belarus; adopted a statement by the committee; agreed to declassify the Rapporteur's revised memorandum on Abolition of the death penalty in Council of Europe member and observer states, Belarus and countries whose parliaments have co-operation status - situation report; Sub-Committee on Human Rights: heard a report by the vice-chairperson of the sub-committee, Ms Azadeh Rojhan Gustafsson (Sweden, SOC), on the meeting held in Strasbourg on Tuesday 9 October 2018 and endorsed the proposal of the sub-committee concerning the list submitted by the delegation of Spain for transmission to the Bureau; Ensuring greater follow-up of CPT recommendations: enhanced role of the Parliamentary Assembly and of national parliaments (Rapporteur: Mr Damir Arnaut, Bosnia and Herzegovina, EPP/CD): held a hearing with Mr George Tugushi, CPT expert, former Ombudsman in Georgia, member of the Georgian Parliament, Tbilisi, Georgia, and Ms Barbara Bernath, Secretary General, Association for the Prevention of Torture, Jean-Jacques Gautier Centre, Geneva, Switzerland; • on Thursday 11 October 2018 at 2pm, as regards: Deal-making in criminal proceedings: the need for minimum standards for trial waiver systems (Rapporteur: Mr Boriss Cilevics, Latvia, SOC): took position on one amendment to the draft resolution; 2 The crash of Polish Air Force Tu-154 transporting the Polish delegation on 10 April 2010 on the Russian Federation's territory (Rapporteur: Mr Pieter Omtzigt, Netherlands, EPP/CD): took position on two amendments and one sub-amendment to the draft resolution; Human rights and business - what follow-up to Committee of Ministers Recommendation CM/Rec(2016)3? (Rapporteur: Mr Elshad Hasanov, Azerbaijan, FOG): considered an introductory memorandum and agreed to hold a hearing with three experts at one of the forthcoming committee meetings, subject to the availability of funds; Improving the protection of whistleblowers all over Europe (Rapporteur: Mr Sylvain Waserman France, ALOE): considered an introductory memorandum and agreed to hold two hearings at forthcoming committee meetings, subject to the availability of funds, and to send a questionnaire to national delegations through the European Centre for Parliamentary Research and Documentation (ECPRD); Thematic debate on Topical Human Rights issues: held an exchange of views on artificial intelligence and human rights with Mr Jan Kleijssen Director, Information Society - Action against Crime, Artificial Intelligence Coordinator for the Council of Europe; I Sub-Committee on artificial intelligence and human rights: discussed a proposal to create a new Sub-Committee on Artificial Intelligence and Human Rights in 2019 to replace the Sub-Committee on Crime Problems and the Fight against Terrorism and agreed to return to this issue at the meeting on 13 December 2018; Election of the 3'd Vice-Chairperson of the committee: elected Mr Emanuel is Zingeris (Lithuania, EPP/CD); Replies from the Committee of Ministers to recommendations emanating from the committee: took note of the replies from the Committee of Ministers (Doc. 14614, Doc. 14616) to Assembly Recommendation 2123 (2018) on Strengthening international regulations against trade in goods used for torture and the death penalty and·· to Recommendation 2129 (2018) on the Copenhagen Declaration, appreciation and follow-up; Participation of members in conferences, meetings, seminars etc: took note of summary reports '" by the following representatives on: • 8oth plenary meeting of GRECO, 18-22 June 2018: Mr Georgii Logvynskyi, Ukraine, EPPICD (oral) • 561" plenary meeting of MONEYVAL, 2-6 July 2018: Mr Titus Corlatean, Romania, SOC (written) and took note of the following reports by the chairperson on: " • OSCE Human Dimension Implementation Meeting: side-event on Ending the torture trade: opportunities for OSCE engagement, Warsaw, Poland, 12 September 2018; • Global Alliance for Torture-Free Trade, Ministerial meeting, New York, United States of America " 241" September 2018; Sub-committees: agreed to a request from the Turkish delegation to replace Mr Di~li by Mr Ziya Altunyaldiz as full member on the Sub-committee on Human Rights (Mr Mustafa Yeneroglu remaining as substitute) and for Mr Ziya Altunyaldiz to be the substitute to Mr Mustafa Yeneroglu on the Sub-Committee on the implementation of judgments of the European Court of Human Rights (again replacing Mr Di~li); Other business • Evaluation of the partnership for democracy in respect of the Parliament of Morocco: decided to request the Bureau for an opinion to the aforementioned report of the Committee on Political Affairs and Democracy (Rapporteur: Bogdan Klich, Poland, EPPICD); I 1 • Conference on the Fight against Terrorism, Odessa, Ukraine, 18 October 2018: authorised the Chair of the Sub-Committee on Crime Problems and the Fight against Terrorism, Mr Georgii Logvynskyi (Ukraine, EPP/CD) to attend the aforementioned conference at no cost to the Parliamentary Assembly; ! I 3 • Shrinking space for civil society and youth organisations: contemporary challenges and solutions?, 7 November 2018, in Strasbourg: authorised the General Rapporteur on the situation of Human Rights Defenders, Mr Raphael Comte (Switzerland, ALDE) to attend the aforementioned consultative meeting, at no cost to the Parliamentary Assembly; • Annual ticket 2019: took note that the Head of the German delegation intended to invite the committee to Berlin, Germany, in November 2019; Next meetings: took note of the forthcoming meetings: Plenary Committee: Paris, 13 December 2018 (Council of Europe Office) Strasbourg, during the Assembly's 1'1 part-session of 2019 (21-25 January 2019) Paris, 4 March 2019 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 2"d part-session of 2019 (8-12 April2019) Paris, 21 May 2019 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 3'd part-session of 2019 (24-28 June 2019) Paris, 9 September 2019 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 4'" part-session of 2019 (30 September- 4 October 2019) Place and date in November 2019 to be confirmed, (subject to receipt of a formal invitation, approval by the Bureau and the availability of funds) Paris, 10 December 2019 (Council of Europe Office) (to be confirmed). Gunter Schirmer, David Milner, Agnieszka Szklanna, Kelly Sipp ***** The Sub-Committee on Human Rights (of the Committee on Legal Affairs and Human Rights), meeting in Strasbourg on Tuesday 9 October 2018 at 9.45am, with the Vice-Chairperson, Ms Azadeh Rojhan Gustafsson, (Sweden, SOC) in the Chair, as regards: European Committee for the Prevention of Torture (CPT): considered the list of candidates to the CPT in respect of Spain; decided to recommend to the plenary committee that it propose to the Bureau that the list proposed by the Spanish delegation be endorsed; Next meeting: during the January part-session 2019. Gunter Schirmer, David Milner, Agnieszka Szklanna, Kelly Sipp ***** 4 ***** 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 11 October 2018 at 9.15am with Ms Eka Beselia (Georgia, SOC) in the Chair as regards: The most pertinent cases of non-implementation of judgments of the European Court of Human Rights. The implementation of unilateral declarations and friendly settlements: held a hearing with the participation of Ms Paola Tonarelli-Lacore, Head of Division of the Case-Management and Working Methods, Registry of the European Court of Human Rights; Mr Frederik Sundberg, Head of Department a.i. for the Execution of Judgments of the European Court of Human Rights, DG1, Council of Europe and Mr Rupert Skilbeck, Director, Redress, London, United Kingdom; Next meeting: during the January part-session 2019. Gunter Schirmer, Agnieszka Szklanna, Kelly Sipp I' Copy to: I Secretary General of the Assembly Directors 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 I I I 5 SECRETARIAT AS/Mig (2018) CB 07 1 2 October 20 18 To the members of the Committee on Migration, Refugees and Displaced Persons Synopsis of the meeting held in Strasbourg I. on 9, 10 and 11 October 2018 The Committee on Migration, Refugees and Displaced Persons, meeting in Strasbourg, with Ms Doris Fiala (Switzerland, ALDE) and Mr Killion Munyama (Poland, EPPICD) in the Chair, t· ' • on Tuesday, 9 October 2018 at 8.30 a.m., with Mr Killion Munyama (Poland, EPPICD) in the Chair, as regards: Radicalisation of migrants and diaspora communities in Europe (Rapporteur: Ms Sahiba Gafarova, Azerbaijan, EC): was informed that no amendments were tabled to the draft resolution; l' Exchange of views on two reports: Missing refugee and migrant children in Europe (Rapporteur: Ms Serap Ya§ar, Turkey, EC) and Concerted action on human trafficking (Rapporteur: Mr Vernon Coaker, United Kingdom, SOC): held an exchange of views with Mr Markus Lehner, Administrator with the Council of Europe Convention on Action against TrafFicking in Human Beings (GRETA), and Ms Gaia Scappucci, Executive Secretary of the Lanzarote Committee (Committee of the Parties to the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (T -ES)); Unaccompanied and separated migrant children: the need for effective guardianship: '' considered and adopted a draft motion for a resolution on the above-mentioned topic, to be tabled on behalf of the Committee; The impact of labour migration on left-behind children (Rapporteur of the Committee on Social Affairs, Health and Sustainable Development: Mr Viorel Riceard Badea, Romania, EPP!CD): held an exchange of views and agreed to ask the Bureau of the Assembly to be seized for an opinion on the above-mentioned report; Parliamentary Network on Diaspora Policies: heard a statement by the Network Coordinator, Mr Duarte Marques (Portugal, EPP/CD), on the Regional Conference of the Parliamentary Network on Diaspora Policies in Kyiv (24 September 2018); Sub-Committee on Diasporas: heard a statement by Mr Duarte Marques (Portugal, EPP/CD), Chairperson of the Sub-Committee, on the meeting held in Kyiv, in the context of the Regional Conference of the Parliamentary Network on Diaspora Policies (24 September 2018); Recommendation 2117 (2017) on "Child-friendly age assessment for unaccompanied migrant children" (Rapporteur: Ms Doris Fiala, Switzerland, ALDE): considered the reply from the Committee ~I of Ministers to Recommendation 2117 (2017); I I AS/Mig (2018) CB 07 • on Wednesday, 10 October 2018 at 2.00 p.m., with Ms Doris Fiala (Switzerland, ALDE) in the Chair, as regards: Parliamentary Campaign to End Immigration Detention of Children: In the absence of Mr Pierre Aiain Fridez (Switzerland, SOC), General Rapporteur of the Parliamentary Campaign to End Immigration Detention of Children, watched a campaign video, took note of the invitation to members to participate in a parliamentary visit to the Rbszke transit zone, Hungary (12 November 2018) and held an exchange of views with Mr Jan Malinowski, Executive Secretary of the European Committee of Social Rights of the European Social Charter and Ms Elena Baroni, Lawyer with the Registry of the European Court of Human Rights; • on Thursday, 11 October 2018 at 8.30 a.m., with Mr Killion Munyama (Poland, EPP/CD) in the Chair, as regards: Family reunification of refugees and migrants in the Council of Europe member States (Rapporteur: Ms Ulla Sandbaek, Denmark, UEL): took position on four amendments tabled to the draft resolution; The situation of migrants in Morocco and the Kingdom of Morocco's role in the UN Global Compact for Safe, Orderly and Regular Migration: held an exchange of views with Mr Lahbib Nadir, Secretary General of the Ministry responsible for Moroccans abroad and Migration Affairs of the Ministry for Foreign Affairs and International Co-operation; Sub-Committee on Integration: heard a statement by Mr Domagoj Hajdukovi6 (Croatia, SOC), Vice Chairperson of the Sub-Committee, on the meetings held on 25 June and 10 October 2018; agreed to ask the Bureau for authorisation to hold a meeting of the Sub-Committee in the Grand National Assembly of Turkey in Ankara in 2019 (date to be confirmed), subject to the availability of financial resources of the Assembly and the authorisation by the Bureau; World Forum for Democracy on "Gender Equality: Whose battle?" (Strasbourg, 19-21 November 2018): took note of the draft programme; Appointments of rapporteurs for reports: Violence and discrimination against religious minorities in refugee camps across Europe: following a vote, appointed Mr Egidijus Vareikis (Lithuania, EPP/CD), subject to a declaration of absence of conflict of interest; The protection of victims of forced displacement under international law: appointed Mr Fabien Gouttefarde (France, NR) and heard from him a declaration of absence of conflict of interest; Representation of the Committee at various events: 121h Meeting of the Committee of Experts on Administrative Detention of Migrants (CJ-DAM) organised by the Council of Europe, 1 0-12 December 2018, Strasbourg: appointed Ms Tineke Strik (Netherlands, SOC), subject to the availability of financial resources of the Assembly; Composition of the Sub-Committees: approved the following changes: Sub-Committee on Integration • Mr Zafer Sirakaya (Turkey, NR) to become a full member Sub-Committee on Refugee and Migrant Children and Young People • Mr Cemal c;:etin (Turkey, EC) to become a full member Sub-Committee on Diasporas • Mr Cemal c;:etin (Turkey, EC) to become an alternate member of Mr Y1ldmm Tugrul TOrke~ (EC) 2 AS/Mig (2018) CB 07 Next meetings: • Paris, 5 December 2018 • Strasbourg, during the 151 part-session 2019 (21-25 January) • Paris, 26 March 2019 (tbc) • Strasbourg, during the 2nd part-session 2019 (8-12 April) • Paris, 16 May 2019 (tbc) • Strasbourg, during the 3rd part-session 2019 (24-28 June) • Paris, 6 September 2019 (tbc) • Strasbourg, during the 4th part-session 2019 (30 September-4 October) • Paris, 2 December 2019 (tbc) ***** The Sub-Committee on Integration, meeting in Strasbourg on 10 October 2018, with Ms Mr Georgios Psychogios (Greece, UEL) in the Chair, as regards: Future activities of the Sub-Committee: was informed of an invitation from the Chairperson of the Turkish Delegation to hold a meeting in the Grand National Assembly of Turkey in Ankara in 2019 (date to be confirmed) and agreed to it, subject to the availability of financial resources of the Assembly and the authorisation by the Bureau; r , Next meeting: First part-session of the Assembly 2019. Penelope Denu, Rudiger Dossow, Olga Kostenko, Angela Garabagiu " cc: Secretary General of the Assembly Directors 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 ' ' ' 3 SECRETARIAT ASIJur (2018) CB 07 15 October 2018 To the members of the Committee on Legal Affairs and Human Rights Synopsis of the meeting held in Strasbourg on 8-11 October 2018 I' The Committee on Legal Affairs and Human Rights, meeting in Strasbourg from 8-11 October 2018: • on Monday 8 October 2018 at 2.00 pm, with Ms Thorhildur Sunna JEvarsd6ttir (Iceland, SOC) in the r· Chair, as regards, National Parliaments as guarantors of human rights in Europe: took note of the Parliamentary Assembly's recent publication on "National parliaments as guarantors of human rights in Europe"; i Hearings and exchanges of views during the week: agreed to make the following open to the ~' public: hearing on "Daphne Caruana Galizia's assassination and the rule of law, in Malta and beyond: ensuring that the whole truth emerges" {this hearing also to be webcast); hearing on "The implementation of judgments of the European Court of Human Rights - 101h report"; hearing on "Ensuring greater follow-up of CPT recommendations: enhanced role of the Parliamentary Assembly and of national parliaments';· exchange of views on "Abolition of the Death Penalty: 16'h World Day against the Death Penalty" and the thematic debate on artificial intelligence; Restrictions on NGO activities in Council of Europe activities (Rapporteur: Ms Olena Sotnyk, Ukraine, ALOE): agreed to the Rapporteur's proposal to seize the European Commission for Democracy through Law (Venice Commission) for an opinion on the compatibility with international ; , human rights standards of the Hungarian law of 20 July 2018 amending certain tax laws and other related laws, and on the immigration tax; Daphne Caruana Galizia's assassination and the rule of law, in Malta and beyond: ensuring that ' ' the whole truth emerges (Rapporteur: Mr Pieter Omtzigt, Netherlands, EPPICD): held a hearing with with the participation of Mr Jonathan Price, Barrister, Doughty Street Chambers, London, United Kingdom, Mr Tony Murphy, Partner, Bhatt Murphy Solicitors, London, United Kingdom and Mr Jules Giraudat, International Co-ordinator, Daphne Project, France;. agreed to the Rapporteur's proposal to hold a second hearing at a future meeting with representatives of the Maltese authorities and members of the Caruana Galizia family, subject to the availability of funds; and agreed to the Rapporteur's proposal to request the Venice Commission for an opinion on Malta's constitutional arrangements, the separation of powers and the independence of the judiciary and law enforcement bodies; • on Tuesday 9 October 2018 at 8.30 am, as regards: The implementation of judgments of the European Court of Human Rights- 10'h report (Rapporteur: Mr Evangelos Venizelos, Greece, SOC): held a hearing with the participation of Mr Martin Kuijer, Venice Commission substitute (the Netherlands), Senior Legal Adviser, Ministry of Security and I ' Justice, Professor, VU University Amsterdam, the Netherlands, and Mr George Stafford, Co-Director, European Implementation Network, Strasbourg, France; agreed to the Rapporteur's proposal to hold exchanges of views with heads of national delegations of the Russian Federation, Turkey, Ukraine, ! ' ' Romania, Italy, Greece, the Republic of Moldova, Bulgaria, Hungary and Azerbaijan in 2019, subject to • the availability of funds; Motions for resolution presented on behalf of the Committee on Legal Affairs and Human Rights: agreed to table two motions for resolutions on behalf of the committee, one on "Fighting corruption. General principles of political responsibility", another on the "Urgent need to strengthen Financial Intelligence Units- sharper tools needed to improve confiscation of illegal assets"; Appointment of rapporteurs Declaration of interests - noted that those who had not submitted their 2018 declaration by 30 September 2018 would not be eligible for rapporteurships to be appointed this year; General Rapporleur on the situation of human rights defenders: appointed Mr Raphael Comte (Switzerland, ALOE) and heard from him a declaration of absence of conflict of interests; For opinion: Democracy hacked? How to respond? (Rapporteur for the Committee on Political Affairs and Democracy: Mr Frithjof Schmidt, Germany, SOC): appointed Mr Emanuelis Zingeris (Lithuania, EPP/CD) and heard from him a declaration of absence of conflict of interests; For report: Withdrawing citizenship as a measure to combat terrorism: a human rights-compatible approach? (Rapporteur: Ms Tineke Strik, the Netherlands, SOC): the Rapporteur having been appointed in absentia made a declaration of absence of conflict of interests; • on Wednesday 10 October 2018 at 2pm, as regards: Follow-up to the debate under urgent procedure on "Ukrainian citizens detained as political prisoners by the Russian Federation" (Rapporteur: Mr Emanue/ls Zingeris, Lithuania, EPPICD): discussed the follow-up given by the Russian authorities to the Assembly's resolution and adopted a public statement; Unlimited access to member states, including 'grey zones', by Council of Europe and United Nations human rights monitoring bodies (Rapporteur: Mr Frank Schwabe, Germany, SOC): took position on six amendments to the draft resolution and one to the draft recommendation; Abolition of the Death Penalty: 16'" World Day against the Death Penalty (General Rapporteur on the abolition of the death penalty: Mr Yves Cruchten, Luxembourg, SOC): held an exchange of views with Mr Valiantsin Stefanovic, Deputy Chairman of the Human Rights Center Viasna, Minsk, Belarus; adopted a statement by the committee; agreed to declassify the Rapporteur's revised memorandum on Abolition of the death penalty in Council of Europe member and observer states, Belarus and countries whose parliaments have co-operation status- situation report; Sub-Committee on Human Rights: heard a report by the vice-chairperson of the sub-committee, Ms Azadeh Rojhan Gustafsson (Sweden, SOC), on the meeting held in Strasbourg on Tuesday 9 October 2018 and endorsed the proposal of the sub-committee concerning the list submitted by the delegation of Spain for transmission to the Bureau; Ensuring greater follow-up of CPT recommendations: enhanced role of the Parliamentary Assembly and of national parliaments (Rapporteur: Mr Damir Arnaut, Bosnia and Herzegovina, EPPICD): held a hearing with Mr George Tugushi, CPT expert, former Ombudsman in Georgia, member of the Georgian Parliament, Tbilisi, Georgia, and Ms Barbara Bernath, Secretary General, Association for the Prevention of Torture, Jean-Jacques Gautier Centre, Geneva, Switzerland; • on Thursday 11 October 2018 at 2pm, as regards: Deal-making in criminal proceedings: the need for minimum standards for trial waiver systems (Rapporteur: Mr Boriss Cilevics, Latvia, SOC): took position on one amendment to the draft resolution; 2 The crash of Polish Air Force Tu-154 transporting the Polish delegation on 10 April 2010 on the Russian Federation's territory (Rapporteur: Mr Pieter Omtzigt, Netherlands, EPPICD): took position on two amendments and one sub-amendment to the draft resolution; Human rights and business - what follow-up to Committee of Ministers Recommendation CM/Rec(2016)3? (Rapporteur: Mr Elshad Hasanov, Azerbaijan, FOG): considered an introductory memorandum and agreed to hold a hearing with three experts at one of the forthcoming committee meetings, subject to the availability of funds; Improving the protection of whistleblowers all over Europe (Rapporteur: Mr Sylvain Waserman France, ALOE): considered an introductory memorandum and agreed to hold two hearings at forthcoming committee meetings, subject to the availability of funds, and to send a questionnaire to national delegations through the European Centre for Parliamentary Research and Documentation (ECPRD); Thematic debate on Topical Human Rights issues: held an exchange of views on artificial intelligence and human rights with Mr Jan Kleijssen Director, Information Society - Action against Crime, Artificial Intelligence Coordinator for the Council of Europe; i Sub-Committee on artificial intelligence and human rights: discussed a proposal to create a new Sub-Committee on Artificial Intelligence and Human Rights in 2019 to replace the Sub-Committee on Crime Problems and the Fight against Terrorism and agreed to return to this issue at the meeting on 13 December 2018; r. ' Election of the 3'd Vice-Chairperson of the committee: elected Mr Emanuelis Zingeris (Lithuania, EPPICD); Replies from the Committee of Ministers to recommendations emanating from the committee: ' took note of the replies from the Committee of Ministers (Doc. 14614, Doc. 14616) to Assembly i ' Recommendation 2123 (2018) on Strengthening international regulations against trade in goods used . for torture and the death penalty and to Recommendation 2129 (2018) on the Copenhagen Declaration, appreciation and follow-up; Participation of members in conferences, meetings, seminars etc: took note of summary reports ~ -1 by the following representatives on: • BOth plenary meeting of GRECO, 18-22 June 2018: Mr Georgii Logvynskyi, Ukraine, EPPICD (oral) • 56th plenary meeting of MONEYVAL, 2-6 July 2018: Mr Titus Corla\ean, Romania, SOC (written) and took note of the following reports by the chairperson on: .' • OSCE Human Dimension Implementation Meeting: side-event on Ending the torture trade: opportunities for OSCE engagement, Warsaw, Poland, 12 September 2018; • Global Alliance for Torture-Free Trade, Ministerial meeting, New York, United States of America .' 24th September 2018; Sub-committees: agreed to a request from the Turkish delegation to replace Mr Di~li by Mr Ziya Altunyaldiz as full member on the Sub-committee on Human Rights (Mr Mustafa Yeneroglu remaining as substitute) and for Mr Ziya Altunyaldiz to be the substitute to Mr Mustafa Yeneroglu on the Sub-Committee on the implementation of judgments of the European Court of Human Rights (again replacing Mr Di~li); Other business • Evaluation of the partnership for democracy in respect of the Parliament of Morocco: decided to request the Bureau for an opinion to the aforementioned report of the Committee on Political Affairs and Democracy (Rapporteur: Bogdan Klich, Poland, EPPICD); I I • Conference on the Fight against Terrorism, Odessa, Ukraine, 18 October 2018: authorised the Chair of the Sub-Committee on Crime Problems and the Fight against Terrorism, Mr Georgii Logvynskyi (Ukraine, EPP/CD) to attend the aforementioned conference at no cost to the Parliamentary Assembly; ' ' 3 • Shrinking space for civil society and youth organisations: contemporary challenges and solutions?, 7 November 2018, in Strasbourg: authorised the General Rapporteur on the situation of Human Rights Defenders, Mr Raphael Comte (Switzerland, ALDE) to attend the aforementioned consultative meeting, at no cost to the Parliamentary Assembly; • Annual ticket 2019: took note that the Head of the German delegation intended to invite the committee to Berlin, Germany, in November 2019; Next meetings: took note of the forthcoming meetings: Plenary Committee: Paris, 13 December 2018 (Council of Europe Office) Strasbourg, during the Assembly's 1" part-session of 2019 (21-25 January 2019) Paris, 4 March 2019 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 2"d part-session of 2019 (8-12 April 2019) Paris, 21 May 2019 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 3"' part-session of 2019 (24-28 June 2019) Paris, 9 September 2019 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 41h part-session of 2019 (30 September- 4 October 2019) Place and date in November 2019 to be confirmed, (subject to receipt of a formal invitation, approval by the Bureau and the availability of funds) Paris, 10 December 2019 (Council of Europe Office) (to be confirmed). Gunter Schirmer, David Milner, Agnieszka Szklanna, Kelly Sipp ***** The Sub-Committee on Human Rights (of the Committee on Legal Affairs and Human Rights), meeting in Strasbourg on Tuesday 9 October 2018 at 9.45am, with the Vice-Chairperson, Ms Azadeh Rojhan Gustafsson, (Sweden, SOC) in the Chair, as regards: European Committee for the Prevention of Torture (CPT): considered the list of candidates to the CPT in respect of Spain; decided to recommend to the plenary committee that it propose to the Bureau that the list proposed by the Spanish delegation be endorsed; Next meeting: during the January part-session 2019. Gunter Schirmer, David Milner, Agnieszka Szklanna, Kelly Sipp ***** 4 ***** 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 11 October 2018 at 9.15am with Ms Eka Beselia (Georgia, SOC) in the Chair as regards: The most pertinent cases of non-implementation of judgments of the European Court of Human Rights. The implementation of unilateral declarations and friendly settlements: held a hearing with the participation of Ms Paola Tonarelli-Lacore, Head of Division of the Case-Management and Working Methods, Registry of the European Court of Human Rights; Mr Fred erik Sundberg, Head of Department a.i. for the Execution of Judgments of the European Court of Human Rights, DG1, Council of Europe and Mr Rupert Skilbeck, Director, Redress, London, United Kingdom; Next meeting: during the January part-session 2019. Gunter Schirmer, Agnieszka Szklanna, Kelly Sipp i' Copy to: Secretary General of the Assembly Directors 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 " lo l I 5 SECRETARIAT ASIEgaiCB (2018) 07 12 October 2018 To the members of the Committee on Equality and Non-Discrimination Synopsis of the meeting held in Strasbourg from 8 to 11 October 2018 '' The Committee on Equality and Non-Discrimination, meeting in Strasbourg from 8 to 11 October 2018, with Ms Elvira Kovacs (Serbia, EPP/CD), Chairperson, in the Chair: r , I • Monday 8 October 2018, from 2 to 3 pm, as regards: Making sign language one of Europe's official languages (Rapporteur: Ms Miren Edurne Gorrotxategui, Spain, UEL): changed the title of the report to Protecting and promoting sign languages in Europe; considered and approved a draft report; and unanimously adopted a draft resolution and a draft recommendation; l ' For a disability-inclusive workforce (Rapporteur: Mr Adao Silva, Portugal, EPPICD): considered and approved a draft report; unanimously adopted a draft resolution; ~-1 IPU-PACE joint regional study on Sexism, harassment and violence against women in parliaments in Europe: was informed about the launch event to be held in Geneva (Switzerland), on 16 October 2018, in the context of the IPU Assembly, and authorised its Chairperson to represent it at this event (subject to the availability of funds); World Forum for Democracy: appointed Ms Sahiba Gafarova (Azerbaijan, EC) as representative to the Ad Hoc Committee of the Bureau of the Assembly to participate in the World Forum for Democracy '' (Strasbourg, 19 to 21 November 2018) on Gender Equality: Whose Battle? (at no cost to the Assembly); and took note of the wish of Ms Aicha Lakbar, member of the delegation of Partner for democracy of Morocco, to participate in the Forum (at no cost to the Assembly); ' ' • Tuesday 9 October 2018, from 8.30 to 10 am, holding a joint meeting with the Committee on Social Affairs, Health and Sustainable Development, as regards: Protecting the rights of persons with psychosocial disabilities with regard to involuntary measures in psychiatry (Rapporteur of the Committee on Social Affairs, Heath and Sustainable Development: Ms Reina de Bruijn-Wezeman, Netherlands, ALOE ; Rapporteur of the Committee on Equality and Non-Discrimination, for opinion: Ms Sahiba Gafarova, Azerbaijan, EC): held a public hearing with the participation of: Ms Beatrice loan, Chairperson of the Council of Europe Committee on Bioethics; Ms Catalina Devandas-Aguilar, United Nations Special Rapporteur on the rights of persons with disabilities; Ms Dunja Mijatovi6, Council of Europe Commissioner for Human Rights; Mr Christos Giakoumopoulos, Director General of Human Rights and the Rule of Law of the Council of Europe; i I Ms Olga Runciman, Psychologist and owner of Psycovery; Ce document est disponible sur le site extranet de I'Assemb/ee parlementaire (acces reseNe aux Membres) http://assemblv.coe.int/extranet I I F- 67075$tr$b~rg Cid$x -1 [email protected] i· Te!: f 33 3 88 41 ?O_b:O j F;ax: f33'-3 9Q215652 AS!Ega!CB (2018) 07 • Wednesday 10 October 2018, from 2 to 3.30 pm, as regards: IPU-PACE joint regional study on Sexism, harassment and violence against women in parliaments in Europe: appointed Ms Nina Kasimati (Greece, UEL), in her capacity as a member of the Parliamentary Network Women Free from Violence, to participate in the launch event to be held in Geneva (Switzerland), on 16 October 2018, in the context of the IPU Assembly (at no cost to the Assembly); Private and family life: achieving equality regardless of sexual orientation (Rapporteur: Mr Jonas Gunnarsson, Sweden, SOC): took position on the amendment which had been tabled to the draft resolution; Protecting the rights of persons with psychosocial disabilities with regard to involuntary measures in psychiatry (Rapporteur for opinion: Ms Sahiba Gafarova, Azerbaijan, EC): considered and unanimously approved its comments on the revised Draft Additional Protocol to the Convention on Human Rights and Biomedicine concerning the protection of human rights and dignity of persons with mental disorder with regard to involuntary placement and involuntary treatment, to be transmitted to the Council of Europe Committee on Bioethics (DH-BIO) in the context of its informal consultation on the draft Additional Protocol; Promoting the rights of persons belonging to national minorities (Rapporteur: Mr Viorel Riceard Badea, Romania, EPPICD): considered a preliminary draft report; • Thursday 11 October 2018, from 8.30 to 10 am, as regards: Election of the Third Vice-Chairperson: elected Ms Miren Edurne Gorrotxategui (Spain, UEL), by acclamation; Migration from a gender perspective: empowering women as key actors for integration (Rapporteur: Ms Gabriela Heinrich, Germany, SOC): took position on the amendments to the draft resolution; approved two sub-amendments to be tabled on its behalf; and asked its Chairperson to propose that the amendments which had been unanimously approved by the committee be declared as adopted by the Assembly under rule 34.11 of the Assembly's Rules of Procedure; Discrimination in access to employment (Rapporteur: Mr Damien Thiery, Belgium, ALOE): considered and approved a draft report; unanimously adopted a draft resolution; An ambitious Council of Europe agenda for gender equality (Rapporteur: Ms Elvira Kovacs, Serbia, EPPICD): considered an introductory memorandum; 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 Manuel Tornare, Switzerland, SOC): heard a statement by the rapporteur; Sub-Committee on Disability, Inclusion and Intersectional Discrimination: approved a change in the composition of the Sub-Committee, with Mr Nagif Hamzayev (Azerbaijan, FDG) becoming a full member; Work programme: decided to ask the Bureau to be seized for opinion on the report on Strengthening co-operation with the United Nations in implementing the 2030 Agenda for Sustainable Development; appointed Mr Boriss Cilevics (Latvia, SOC) as rapporteur on Ethnic profiling in Europe: a matter of high concern, subject to hearing from him a declaration of interests; appointed Ms Miren Edurne Gorrotxategui (Spain, UEL) as rapporteur on Preserving Europe's linguistic, ethnic, cultural and national diversity and heard from her a declaration of absence of conflict of interest; appointed Ms Beatrice Fresko-Rolfo (Monaco, ALDE) as General Rapporteur on Violence Against Women and heard from her a declaration of absence of conflict of interest; Reporting back: heard a report from Ms Albane Gail lot (France, NR) on the participation of the ad hoc sub-committee to participate in the Regional conference on women in politics: how to progress towards equality? (Rabat, 5 July 2018); 2 AS/Ega/CB (2018) 07 Next meetings of the Committee: confirmed its next meetings as follows: Paris, 3 December 2018 (Council of Europe Office); Strasbourg, during the 1st part-session 2019 of the Assembly (21-25 January); • Thursday 11 October 2018, from 2 to 3.30 pm, holding a joint meeting with the Parliamentary Network Women Free from Violence, as regards: Address by the President of the Assembly: heard a statement by the President of the Assembly on her priorities in the areas of promoting gender equality and ending violence against women and held an exchange of views; Is there a backlash against women's rights?: held a hearing with presentations on: Backlash in Gender Equality and Women's and Girls' Rights, by Ms Borbala Juhasz, independent expert and co-author of the study for the FEMM Committee of the European Parliament (June 2018); Promoting the Istanbul Convention by Ms Claudia Luciani, Director of Human Dignity, Equality and Governance, Council of Europe; IPU-PACE joint regional study on Sexism, harassment and violence against women in parliaments in Europe: was informed about the launch event to be held in Geneva (Switzerland), on 16 October 2018, in the context of the IPU Assembly; Activities to mark the 2018 International Day for the Elimination of Violence against Women (25 November): heard a statement by Ms Beatrice Fresko-Rolfo (Monaco, ALOE), General Rapporteur on Violence Against Women and Political Co-ordinator of the Network, on the organisation of a coordinated visibility action by Network members on social media. Sonia Sirtori, Sarah Burton, Giorgio Loddo, Elodie Fischer '" Copy to: Secretary General of the Assembly Directors 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 p ' Permanent Representations to the Council of Europe I I ' ' 3 Parliamentary Assembly Assembh§e parlementaire t- ~~ ~6£'///;:;;;,r;:n:'dh-~>-:-d,,:;~r;y------=------'=~:--:---=~ SECRETARIAT AS/Pro (2018) CB 08 11 October 2018 To the members of the Committee on Rules of Procedure, Immunities and Institutional Affairs Synopsis of the meeting held in Strasbourg on 9 and 11 October 2018 I, The Committee on Rules of Procedure, Immunities and Institutional Affairs, meeting in Strasbourg on 9 and 11 October 2018, with first Ms Petra De Sutter (Belgium, SOC) and then Mr Serhii Kiral (Ukraine, EC), r , in the Chair, as regards: Strengthening the decision-making process of the Parliamentary Assembly concerning credentials and voting: took position on eight amendments to the draft resolution and two amendments to the draft recommendation; Declaration of interests by members of the Parliamentary Assembly for 2018: . held an exchange of views on the assessment of the procedure of declarations of interests for 2018 and decided to continue the discussion at its next meeting; . at the request of the Bureau, considered the cases of two Assembly members who submitted their t' declaration of interests after the deadline of 30 September 2018 and decided that the sanction provided for i should exceptionally not apply in the light of the factual circumstances; Report of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly: follow-up to the conclusions relating to the behaviour of Assembly's members and former members (in camera): completed the consideration of the cases of members and former members of the Parliamentary Assembly mentioned in the IBAC report, in the strict framework of the Assembly's ethical rules, heard Mr Ondfej Benesik, member of the Assembly, and Mr Robert Walter, former member, took note of their written observations and, after deliberation, took a decision in accordance with the Code of conduct for members of the Parliamentary Assembly (see decisions appended); I' General rapporteur of the Parliamentary Assembly on the budget and intergovernmental programme: appointed Mr van de Ven (Netherlands, ALDE), general rapporteur of the Parliamentary Assembly on the budget and intergovernmental programme, for a three-year term, and heard from him a declaration of absence of any conflict of interest; Setting minimum standards for electoral systems in order to offer the basis for free and fair elections: appointed Mr Serhii Kiral (Ukraine, EC), rapporteur for opinion, and heard from him a declaration of absence of any conflict of interest; Next meeting: Paris (Office of the Council of Europe), 10 December 2018, at 9 am. Valerie Cia mer, Kateryna Gayevska ~ I I I It -B7D75Stfasb:0urg Cedex t -~~r!i.aH: [email protected] 1 Tei: + 33 3 S:S 41 ~i® t fi"ax: +33 3 88 41 ?717 cc. Secretary General of the Assembly Directors 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 Appendix • Decisions of the committee on the follow-up to the recommendations and conclusions of the Independent Investigation Body on the allegations of corruption within the Parliamentary Assembly relating to the behaviour of individual Assembly members and former members mentioned in its report At its meeting on 11 October 2018, the committee continued the consideration of the last remaining cases of Assembly members and former members mentioned in the IBAC report, in the strict framework of the Assembly's ethical rules. The persons concerned had the opportunity to be heard by the committee and to submit their comments in writing. The committee took measures in the following cases: Case of Mr Ondfej Benesik 1. The committee took note of the IBAC's conclusions which noted that Mr Ondfej Benesik (Czech Republic, EPP/CD) has failed to comply with his duty, as PACE member, to co-operate with the Investigation Body by not responding to its request for the submission of a written statement. The committee heard Mr Benesik today and took note of the written comments he provided on 26 April 2018. 2. In accordance with paragraph 23 of the Code of Conduct for members of the Parliamentary Assembly, 1 the committee found that Mr Benesik has not failed to comply with the provisions of the Code of I. Conduct by not responding to IBAC's request for the submission of a written statement. Case of Mr Robert Walter ' 3. The committee took note of the IBAC's conclusions which found that, with regard to a continuing . conflict of interest with regard to Azerbaijan, Mr Walter breached paragraphs 5.1, 5.5, 5.6, 8 and 9 of the Code of Conduct for members of the Parliamentary Assembly, as well as paragraph 1.1.1 of the Code of Conduct for rapporteurs of the Parliamentary Assembly, in the context of the 2013 presidential election in Azerbaijan and the report "Escalation of violence in Nagorno-Karabakh and the other occupied territories of I Azerbaijan". The committee heard Mr Walter today and took note of the documents and written comments he I provided. ' ' 4. The committee found that, in the case of Mr Walter, there has been a minor breach of the ethical rules of the Parliamentary Assembly; it decided that he shall be deprived of the right to access the Council of Europe and the Parliamentary Assembly premises for life. These decisions are effective from the date of approval by the committee. ; ' .' I I 1 Paragraph 23 of the Code of conduct for members of the Parliamentary Assembly: "If the committee finds that the allegations have no basis, it will inform the complainants and the member concerned". I I ~ Parliamentary Assembly ttfL~ Assemblee parlementaire 0->-,~ ~:=:=:::::, f"""''t'i!~im.@'J:1.:i.r.>.m.. 'A!h'JitU!:;;, ______CONSEIL DE ~EUROPE SECRETARIAT ASIMon (2018)CB08 12 October 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 .' on 10 and 11 October 2018 f' I The Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), meeting in Strasbourg, on 10 and 11 October 2018, with Sir Roger Gale (United Kingdom, EC) in the Chair: • on Wednesday 10 October 2018 at 2pm, as regards: I ' ' Exchange of views with Ms Dunja Mijatovic, Human Rights Commissioner of the Council of Europe: held an exchange of views on the priorities and trends with regard to the protection of Human Rights in Council of Europe member states; ., __ j Post-monitoring dialogue with Montenegro (co-rapporteurs: Mr lonuf-Marian Stroe, Romania, EPPICD and Mr Anne Mulder, Netherlands, ALOE): appointed Mr Anne Mulder (Netherlands, ALDE) co rapporteur to replace Mr Andrea Rigoni (Italy, ALDE) and, in his absence, took note of his written declaration of non-conflict of interest; Russian Federation (co-rapporteurs: Mr Talmo Correia, Portugal, EPPICD and Ms Angela Smith, United Kingdom, SOC): appointed Ms Angela Smith (United Kingdom, SOC) co-rapporteur to replace ; ' Ms Liliane Maury Pasquier (Switzerland, SOC) and heard a declaration of non-conflict of interest from her; • on Thursday 11 October 2018 at 2pm, as regards: ' ' Armenia (co-rapporteurs: Ms Yu/iya Lovochkina, Ukraine, SOC and Mr Andrej Sirceij, Slovenia, EPPICD): appointed Mr Andrej Sircelj (Slovenia, EPP/CD) co-rapporteur to replace Mr Giuseppe Galati (Italy, EPP/CD) and heard a declaration of non-conflict of interest from him; Ukraine (co-rapporteurs: Ms Dzhema Grozdanova, Bulgaria, EPP/CD and Mr Alfred Heer, Switzerland, ALOE): appointed Mr Alfred Heer (Switzerland, ALDE) co-rapporteur to replace Mr Eerik-Niiles Kross (Estonia, ALDE) and heard a declaration of non-conflict of interest from him; Post-monitoring dialogue with Bulgaria (co-rapporteurs: Mr Frank Schwabe, Germany, SOC and Mr Zsolt Nemeth, Hungary, EPPICD): heard an oral report from the co-rapporteurs on their fact-finding visit to Sofia on 3-5 October 2018; Albania (co-rapporteurs: Mr Andrej Hunko, Germany, UELand Mr Joseph O'Reilly, Ireland, EPP/CD):, On proposal of Mr Hunko, in the absence of the second co-rapporteur and the Albanian member of the I ' opposition, agreed to postpone the consideration of the information note prepared by the co-rapporteurs on their fact-finding visit to Tirana on 5-7 September 2018 to its next meeting; ' ' it-67Q:75St):asbouttJ-Cei:l~ jasserT!bJy@coe".trlt I t-61:+ 333"884-i ZIJP:O I Fax:f333i{8412733 AS/Mon(2018)CBOB Post-monitoring dialogue with "the former Yugoslav Republic of Macedonia" (co-rapporteurs: Ms Lise Christoffersen, Norway, SOC and Mr Valeriu Ghiletchi, Republic of Moldova, EPPICD): held an exchange of views on the observation of the referendum of 30 September 2018 on the "Name Agreement", with the participation of Mr Betian Kitev (Chairperson of the delegation of "the former Yugoslav Republic of Macedonia" to the PACE) and Ms loanneta Kavvadia (Chairperson of the Greek delegation to the PACE); Monitoring procedure: strengthening its efficiency and efficacy: heard an update by the Chair on the state of progress of his proposal for the reform of the monitoring procedure and agreed to hold a discussion on this subject at its next meeting, on the basis of a memorandum prepared by the Chair; Authorisation of fact-finding visits: authorised fact-finding visits to Serbia and Turkey; Other business: • Serbia (co-rapporteurs: Ms Maria Guzenina, Finland, SOC and Mr Robert Goodwill, United Kingdom, EC): on proposal of the co-rapporteurs, decided to have an exchange of views on the state of progress of the preparation of the report on ihe Honouring of Obligations and Commitments by Serbia at its next meeting and invited the co-rapporteurs to submit a written note to the committee to that end; • The functioning of democratic institutions in Poland (co-rapporteurs: Mr Yves Cruchten, Luxembourg, SOC and Ms Theodora Bakoyannnis, Greece, EPPICD): on request of Ms Bakoyannis, who, for medical reasons, cannot execute her function of co-rapporteurs until the end of January 2019, agreed to request the Bureau for an extension of the reference for the report on 'The functioning of democratic institutions in Poland" until 25 July 2019; • took note of the following information documents: state of procedures [AS/Mon/lnf(2018)14] and work programme [AS/Mon/lnf(2018)15]; Next meetings: decided to hold its next meetings as follows: Paris, 16 November 2018 (Council of Europe Office); Paris, 12 December 2018 (Council of Europe Office) (to be confirmed). *** The Sub-Committee on Conflicts between Council of Europe Member States, meeting in Strasbourg on 11 October 2018, with Ms Tamar Chugoshvili (Georgia, SOC) in the Chair as regards: Election of the Chairperson of the Sub-Committee: elected, by acclamation, Mr Egidijus Vareikis (Lithuania, EPP/CD) Chairperson; Preparation of the next meetings: took note of the on-going activities, agreed on its future work plan and agreed to devote its next meeting in December 2018 or January 2019 to "the Council of Europe contribution to the Human Rights aspects of the Transnistrian Settlement Process" as a follow-up to, and in the same format as, its January 2018 meeting. * * * Agnieszka Nachilo, Bas Klein, Sylvie Affholder Copy to: Secretary General of the Assembly Directors 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 ~ Parliamentary Assembly lffL~ Assemblee parlementaire ~~~~ £agtt§I!'J:' -!ffi!!llllll_i!m:i ______ill!llllllllllll CONSEIL DE l.:EUROPE BUREAU OF THE ASSEMBLY AS/Bur/CB (2018) 12 15 October 2018 To the Members of the Assembly Synopsis of the meeting held in Strasbourg on 12 October 2018 The Bureau of the Assembly, meeting on Friday 12 October 2018 in Strasbourg with Ms Liliane Maury Pasquier, President of the Assembly, in the Chair, as regards: Fourth part-session of 2018 (Strasbourg, 8-12 October): held an exchange of views on the fourth part session; Standing Committee meeting in Helsinki (23 November 2018): took note of the draft agenda; First part-session of 2019 (Strasbourg, 21-25 January): drew up the preliminary draft agenda; Election observation : L Bosnia and Herzegovina: general elections (7 October 201 B): took note of the statement of the observation mission; ,_, iL Armenia: possible early parliamentary elections (date to be confirmed): subject to these elections being called and subject to receiving an invitation, decided to observe these elections and constituted an ad hoc committee for this purpose composed of 31 members (EPPICD: 10; SOC: 10, EC: 5, ALOE: 3, UEL: 2, FOG: 1 - in accordance with the D'Hondt system) as well as of the co-rapporteurs of the Monitoring Committee and authorised the President of the Assembly to approve the list of members and appoint the Chairperson, and authorised the conduct of a pre-electoral mission; .' iiL ''The former Yugoslav Republic of Macedonia": possible early parliamentary elections (date to be confirmed): subject to these elections being called and subject to receiving an invitation, decided to observe these elections and constituted an ad hoc committee for this purpose composed of 31 .' members (EPPICO: 10; SOC: 10, EC: 5, ALOE: 3, UEL: 2, FOG: 1 - in accordance with the O'Hondt system) as well as of the co-rapporteurs of the Monitoring Committee and authorised the President of the Assembly to approve the list of members and appoint the Chairperson, and authorised the conduct of a pre-electoral mission; References and transmissions to committees: considered and approved the references and transmissions as set out in Appendix 1, subject to ratification by the Assembly in the Progress report; 2018 World Forum for Democracy (Strasbourg, 19-21 November): approved the final composition oi the ad hoc committee of the Bureau to participate in the Forum as set out in Appendix 2; '' I l AS/Bur/CB (2018) 12 Issues raised by committees: Committee on Political Affairs and Democracy: authorised Mr Adao Silva (Portugal, EPPICD) to carry out a fact-finding visit to New York, USA, on 3 December afternoon and 4 December 2018, in the framework of the preparation of his report on Strengthening co-operation with the United Nations in implementing the 2030 Agenda for Sustainable Development, and in conjunction with the meeting of the Sub-committee on External Relations (5-6 December 2018); Progress report of the Bureau of the Assembly and of the Standing Committee (12 October 2018-20 January 2019): appointed Mr ian Liddell-Grainger (United Kingdom, EC) as Rapporteur; Composition of the Committees: i. Committee on the election ofjudges to the European Court of Human Rights: on the basis of a proposal by the EPP/CD Group, appointed Mr Velie Wang Soleim (Norway) and Mr Corneliu Mugu rei Cozmanciuc (Romania), on the basis of a proposal by the UEL Group, appointed Mr Petter Eide (Norway); ii. Monitoring Committee: on the basis of a proposal by the EPP/CD Group, appointed Ms Stella Kyriakides (Cyprus) and Mr Emanuel is Zingeris (Lithuania), on the basis of a proposal by the SOC Group, appointed Mr Piero Fassino (Italy), on the basis of a proposal by the ALDE Group, appointed Mr Jakin Bildarratz (Spain); iii. Committee on Rules of Procedure, Immunities and Institutional Affairs: - on the basis of a proposal by the ALDE Group, appointed Mr Michael Link (Germany); European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT): took note of the letter by the Chairperson of the Committee on Legal Affairs and Human Rights and drew up the list of candidates in respect of Spain to be transmitted to the Committee of Ministers. Date and place of the next meetings: Thursday, 22 November 2018, Helsinki, at 2.30 pm Friday, 14 December 2018, Paris, at 9 am lsild Heurtin, Kateryna Gayevska Copy to: Secretary General of the Parliamentary Assembly Directors 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 AS/Bur/CB (2018) 12 Appendix 1 · References and transmissions to committees A. References and transmissions to committees Doc. 14596, Motion for a resolution, Dietary-related ill health: transmission to the Committee on Social Affairs, Health and Sustainable Development for information Doc. 14597, Motion for a resolution, Empowering women: promoting access to contraception in Europe: reference to the Committee on Equality and Non-Discrimination for report Doc. 14599, Motion for a resolution, Undue influence of financial capital in political systems of microstates of the Council of Europe: reference to the Committee on Political Affairs and Democracy for report Request from the Committee of Ministers, Granting of participatory status to the international non-governmental organisation ADF International: reference to the Committee on Legal Affairs and Human Rights for report Doc. 14624, Motion for a resolution, Protecting the environment through transparent, inclusive and accountable land use: transmission to the Committee on Social Affairs, Health and Sustainable Development i' for information Doc. 14627, Motion for a resolution, The gender dimension of foreign policy: reference to the Committee on Equality and Non-discrimination for report I, Doc. 14628, Motion for a recommendation, Justice by algorithm - the role of artificial intelligence in policing and criminal justice systems: reference to the Committee on Legal Affairs and Human Rights for report B. Modification of references .. Doc. 14317, Motion for a resolution, Establishment of an European Union mechanism on democracy, the rule of Jaw and fundamental rights: reference to the Committee on Rules of Procedure, Immunities and Institutional Affairs for report and to the Committee on Legal Affairs and Human Rights and to the Monitoring Committee for opinion Doc. 14537, Motion for a resolution, Impact of labour migration on left-behind children: reference to the Committee on Social Affairs, Health and Sustainable Development for report and to the Committee on Migration, Refugees and Displaced Persons for opinion Doc. 14261, Motion for a resolution, Strengthening co-operation with the United Nations (new title: Strengthening co-operation with the United Nations in implementing the 2030 Agenda for Sustainable " Development): reference to the Committee on Political Affairs and Democracy for report and to the Committee on Equality and Non-Discrimination for opinion .' C. Reply after consultation Doc. 14544, Motion for a resolution, The protection of freedom of religion or belief in the workplace: reference to the Committee on Legal Affairs and Human Rights for report and to the Committee on Equality and Non discrimination for opinion B. Extension of references Bureau decision, Activities of the European Bank for Reconstruction and Development (EBRD) (new title: Promoting democracy by developing market economy: does the EBRD model work?) Reference 4247 of 14 October 2016- extension until30 April2019 Doc. 141 01 , Motion for a resolution, The need to enable the Committee of Ministers to give answers to the i I Assembly even in the absence of a consensus Reference 4236 of 14 October 2016- extension unti/4 October 2019 I I 3 ASIBuriCB (2018) 12 Appendix 2- List of members of the Ad Hoc Committee to participate in the World Forum for Democracy on 19-21 November 2018 in Strasbourg Chairperson I Presidente Ms Liliane Maury Pasquier - President of the Parliamentary Assembly I Presidente de I'Assemblee parlementaire Committee on Political Affairs and Democracy I Commission des questions polltiques et de Ia democratie Mr Jose Cepeda (Spain, SOC I Espagne, SOC) Ms loanetta Kavvadia (Greece, UEL I Grece, GUE) Ms Patricia Riberaygua (Andorra, ALDE I Andorre, ADLE) Mr Jordi Roca (Spain, EPPICD I Espagne, PPEIDC) Committee on Legal Affairs and Human Rights I Commission des questions juridiques et des droits de /'homme Ms Eka Beselia (Georgia, SOC I Georgie, SOC) Ms Klotilda Bushka (Albania, SOC I Albanie, SOC) Mr Emanuel is Zingeris (Lithuania, EPPICD I Lituanie, PPEIDC) Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) I Commission pour le respect des obligations et engagements des Etats membres du Conseil de /'Europe (Commission de suivi) Ms Yuliya Lovochkina (Ukraine, SOC) Committee on Social Affairs, Health and Sustainable Development I Commission des questions sociales, de Ia sante et du developpement durable Ms Yolaine De Courson (France, NRINI) Ms Jennifer De Temmerman (France, NRINI) Ms Nina Kasimati (Greece, UEL I Grece, GUE) Ms Milica Markovic (Bosnia and Herzegovina, FDG IBosnie-Herzegovine, GDL) Mr Stefan Schennach (Austria, SOC I Autriche, SOC) Committee on Culture, Science, Education and Media I Commission de Ia culture, de Ia science, de /'education et des medias Mr Rafael Huseynov (Azerbaijan, ALDE I Azerba'idjan , ADLE) Ms Marfa Concepcion de Santa Ana (Spain, EPPICD I Espagne, PPEIDC) Mr Jordi Xucla (Spain, ALDE I Espagne, ADLE) Committee on Equality and Non-Discrimination I Commission sur l'egalite et sur Ia non discrimination Ms Sahiba Gafarova (Azerbaijan, EC I Azerba'idjan, CE) Mr Jean-Pierre Grin (Switzerland, ALDE I Suisse, ADLE) Ms Zita Gurmai (Hungary, SOC I Hongrie, SOC) Ms Petra Stienen (Netherlands, ALDE I Pays-Bas, ADLE) Committee on Migration, Refugees and Displaced Persons I Commission des migrations, des retugies et des personnes deplacees Ms R6sa Bjork Brynj61fsd6ttir (Iceland, UEL llslande, GUE) Mr Killion Munyama (Poland, EPPIDC I Pologne, PPEIDC) Committee on Rules of Procedure, Immunities and Institutional Affairs I Commission du Reglement, des immunites et des affaires institutionnelles Ms Petra De Sutter (Belgium, SOC I Belgique, SOC) 4