IT-TLETTAX-IL LEĠIŻLATURA
P.L. 595
Dokument imqiegħed fuq il-Mejda tal-Kamra tad-Deputati fis-Seduta Numru 35 tal-20 ta’ Ottubru 2017 mill-Ispeaker, l-Onor. Anġlu Farrugia.
______Raymond Scicluna Skrivan tal-Kamra
Fourth Part of the 2017 Ordinary Session of the Parliamentary Assembly of the Council of Europe
9 - 12 October 2017 Strasbourg, France
Hon Emmanual Mallia, MP Hon David Stellini, MP Hon Etienne Grech, MP
COUNCIL Of [UROP£ ~'at·linmentary Assembly HfL~~sembl~e parlementalre ~F4?:Z~
DELEGATION TO THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE
Fourth Part-Session- 9 to 13 October 2017
The Assembly brings together 324 men and women from the parliaments of the Council of Europe's 47 member states. Though it contains many voices, reflecting political opinion across the continent, its mission is to uphold the shared values of human rights, democracy and the rule oflaw that are the "common heritage" of the peoples ofEurope.
Delegates Attending the Fourth-Part Session:-
Hon Emanuel Mallia- Head- 9 to 13 October 2017 Hon David Stellini- Member- 9 to 13 October 2017 Hon Etienne Grech- Substitute Member (with voting rights)- 9 to 13 October 2017 John Vella- delegation secretary- 9 to 13 October 2017 I ;. Annex A- Agenda of Plenary and Committees Annex B- Resolutions and Recommendations adopted by the Assembly Annex C - Synopsis of Committee Meetings t· On Monday, 2nd October 2017, the Delegation had an exchange of views with our Permanent Representative to the Council of Europe, Dr Joseph Filletti, and his deputy, Dr Kathleen Vella.
Assembly I• Following the resignation ofMr Pedro Agramunt on 6 October 2017, the Assembly elected Ms StellaKyriakides (Cyprus, EPP/CD) as President of the Parliamentary Assembly ofthe Council of Europe, who will remain in office until the opening of the next ordinary session in January 2018. On Thursday, our Delegation held a brief meeting with the new President of the " Assembly where they touched on the main challenges facing the Council of Europe.
In brief, the Plenary Session discussed and passed the following recommendations and resolutions the text of which are at Annex B:
Recommendation 2113 (2017) - Call for a Council of Europe Sununit to reaffinn European unity and to defend and promote democratic security in Europe (Doc. 14396);
Recommendation 2114 (2017) - Defending the acquis of the Council of Europe: preserving 65 years of successful intergovennnental co-operation (Doc. 14406); ,, Recommendation 2115 (20 17) - The use of new genetic technologies in human beings (Doc. 14328);
'' Recommendation 2116 (20 17) - Promoting the human rights of and eliminating discrimination against intersex people (Doc. 14404);
Resolution 2181 (2017)- The activities of the Organisation for Economic Co-operation and Development (OECD) in 2016-2017 (Doc. 14401);
Resolution 2182 (2017) - Follow-up to Resolution 1903 (2012): promoting and strengthening transparency, accountability and integrity of Parliamentary Assembly members (Doc. 14407);
Resolution 2183 (2017)- Evaluation of the partnership for democracy in respect of the Parliament ofJordan (Doc. 14399);
Resolution 2184 (2017) - The functioning of democratic institutions in Azerbaijan (Doc. 14403);
Resolution 2185 (2017) -Azerbaijan's Chainnanship of the Council of Europe: what follow-up on respect for human rights? (Doc. 14397); t I Resolution 2186 (2017) - Call for a Council of Europe Summit to reaffinn European unity and to defend and promote democratic security in Europe (Doc. 14396);
Resolution 2187 (2017)- Venice Commission's "Rule of Law Checklist" (Doc. 14387); I Resolution 2188 (2017)- New threats to the mle oflaw in Council of Europe member States: selected examples (Doc. 14405); I' Resolution 2189 (2017)- The new Ukrainian law on education: a major impediment to r the teaching of national minorities' mother tongues (Doc. 14415);
Resolution 2190 (2017) - Prosecuting and punishing the crimes against humanity or even possible genocide committed by Daesh (Doc. 14402); .. Resolution 2191 (20 17) - Promoting the human rights of and eliminating discrimination against intersex people (Doc. 14404); and '' Resolution 2192 (2017)- Youth against cormption (Doc. 14395). '
Under urgent current affairs debate, the Assembly discussed 'The need for a political solution to the crisis in Catalonia'; whereas under urgent procedure debated '"The new Ukrainian law on education: a major impediment to the teaching of national minorities' mother tongues'.
A progress report was presented by the mission tasked with the observation of the early parliamentary elections in Albania.
During this part-session, the Assembly was addressed by Mr Milos Zeman, President of the Czech Republic, and Mr Petro Poroshenko, President of Ukraine. .'
.' Mr Thorbjom Jagland, Secretary General of the Council of Europe, presented his communication to Assembly Members. and Mr Lubomir Zaoralek, Czech Foreign Minister, infonned 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 Emanuel Mallia- the Legal Affairs and Human Rights Cmmnittee; and (as subsititute) the Political Affairs and Democracy Committee.
Hon David Stellini- the Committee on Migration, Refugees and Displaced Persons; and (as substitute) the Committee on Culture, Science, Education and Media.
Hon Etie1me Grech - the Committee on Social, Health and Sustainable Development; and (as substitute) the Committee on Equality and Non-I:>iscrimination. i As Head of Delegation, Hon Emanuel Mallia, participated also at the meeting of: I
(i) The Joint Cmmnittee held on 12 October 2017 where it was agreed on the follow-up to be given to the meeting, namely:
(a) as regards the calendar for the election of the Secretary General of the Council of I Europe: agreed that the current calendar should be shortened and instmcted the Secretary General of the Assembly to draft a memorandum proposing changes to the Regulations, to be considered at its next meeting; and (b) as regards the follow-up to be given to Resolution2186 (2017) on Call for a Council of t· Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe: decided to discuss the matter further and asked the President of the Assembly to liaise with the Chairman of the Committee of Ministers to this end.
(ii) The Sub-Committee on Human Rights, where he presented our list of three candidates which was considered and endorsed by the sub-committee and from which list the Maltese Member on the Cmmnittee for the Prevention ofTmiure was to be appointed by the Cmmnittee of Ministers to serve for the following 4-year period. "
Hon David Stellini
/J October 2017 . ------li I ·I 1!! Parliamentary Assembly AssemblE~e parlementaire t~~ ~~ts t •, .-Z:iSi-ILi: ~ ' CONSEil DE nUROPE
Doc. 14391 09 October 2017
Fourth part of the 2017 Ordinary Session (9-13 October 2017) ·; "' Agenda1
1. Adopted by the Assembly on 9 October 2017.
F- 67075 Strasbourg Cedex 1 [email protected] 1 Tel: +33 3 88 41 2000 I Fax: +33 3 88 41 2733
------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 ,.i: Mig: Committee on Migration, Refugees and Displaced Persons li .,,I' 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 I!',. SOC: Socialists, Democrats and Greens Group I EC: European Conservatives Group I ALOE: Alliance of Liberals and Democrats for Europe J, I UEL: Group of the Unified European Left ' FDG: Free Democrats Group !:,. NR: Representatives not belonging to a political group "II !: Symbols ; Cl Presentation, statement Deadline for tabling documents .. '· Lists (speakers, questions) Q, Votes
Meetings outside the Chamber i, '
Joint Committee ; ~ Thursday: 15:00-16:30 i· '·
Bureau of the Assembly Monday: 08:00-09:30 I Friday: 08:30-10:00
Committees Monday: 14:00-15:00 Tuesday: 08:30-10:00 Tuesday: 14:00-15:30 Wednesday: 14:00-15:30 Thursday: 08:30-10:00 Thursday: 14:00-15:00
Political groups Monday: 09:30-11 :30 Monday: 17:00-19:00 Wednesday: 08:30-1 0:00 i: I
2 Monday 9 October 2017
Sitting No. 28 (11:30-13:00)
1. Opening of the part-session 1.1. Opening by the Acting President of the Assembly 1.2. Examination of credentials I. 0 List of delegations: o (Doc. 14411) " 1.3. Election of the President of the Assembly (AS/Inf (2017) 08) r ,,' 1.4. Election of Vice-Presidents of the Assembly in respect of France and Serbia ' 1.5. Changes in the membership of committees (Commissions (2017) 07 +Add. 1) 1.6. Requests for debate: 1.6.1. Urgent procedure debate: "The extremely worrying humanitarian situation of the Rohingya" 1.6.2. Urgent procedure debate: "The new Ukrainian law on education: a major impediment to ,. the teaching of national minorities' mother tongues" 1.6.3. Current affairs debate: "The need for a political solution to the crisis in Catalonia"
1. 7. Adoption of the agenda 2. Debate 2.1. Progress report of the Bureau and the Standing Committee 0 Presentation by: o Mr Ian LIDDELL-GRAINGER (United Kingdom, EC), Rapporteur AS/Bur (Doc. 14409, Doc. 14409 Add. 1, Doc. 14409 Add. 2) 2.2. Observation of the parliamentary elections in Albania (25 June 2017) 0 Presentation by: o Mr Paolo CORSINI (Italy, SOC), Rapporteur AS/Bur (Doc. 14392) til List of speakers (deadline for registration: Monday 9 October, 10:00) Q, [possibly] Vote
Sitting No. 29 (15:00-17:00)
3. Prize Award Ceremony (15:00-15:30) 3.1. Vaclav Havel Human Rights Prize2
4. Address (15:30-16:30) 4.1. Communication from the Committee of Ministers 0 Presentation by: o Mr Lubomir ZAORALEK, Minister for Foreign Affairs of the Czech Republic, Chairman of the Committee of Ministers til Questions (deadline for registration: Monday 9 October, 12:00)
2. See programme published separately (AS/Inf (2017) 07).
3 5. Debate (continued) 5.1. Progress report of the Bureau and the Standing Committee 5.2. Observation of the parliamentary elections in Albania (25 June 2017)
1iiJ1 List of speakers g [possibly] Vote
i I ~!
i: [, I '
;: i: ' ,,1.
'; ;
4 l
Tuesday 1 0 October 2017
Sitting No. 30 (10:00-13:00)
6. Election (10:00-13:00) 6.1. Judge to the European Court of Human Rights Cl List of candidates in respect of: o Georgia (Doc. 14400, Doc. 14409 Add. 2)
7. Debate 7.1. The activities of the Organisation for Economic Co-operation and Development (OECD) in 2016-2017 Cl Presentation by: o Mr Alfred HEER (Switzerland, ALOE), Rapporteur AS/Pol (Doc. 14401) ;; l' o Mr Geraint DAVIES (United Kingdom, SOC), Rapporteur for opinion AS/Soc (Doc. 1441 0) ~! ti Cl Statement by: " o Mr Angel GURRiA, Secretary-General of the OECD ,,i' !! til List of speakers (deadline for registration: Monday 9 October, 16:00) i' C9 Amendments {deadline for tabling: Monday 9 October, 16:00) ;; ld Vote on a draft resolution (Doc. 14401)
8. Address (12:00-13:00) I' 8.1. Mr Milos ZEMAN, President of the Czech Republic li Speech (12:00-12:20) 1: Questions and replies (12:20-13:00) til Questions ii . I,-\ !I Sitting No. 31 (15:30-20:00)
9. Election (continued) (15:30-17:00) 9.1. Judge to the European Court of Human Rights
10. Question time (15:30-16:00) 10.1. Mr Thorbj0rn JAGLAND, Secretary General of the Council of Europe til Questions 11. Debate _,,
11.1. Follow-up to Resolution 1903 (2012): promoting and strengthening transparency, j' accountability and integrity of Parliamentary Assembly members I Cl Presentation by: t o Mr lan LIDDELL-GRAINGER (United Kingdom, EC), Rapporteur AS/Pro (Doc. 14407) til List of speakers {deadline for registration: Tuesday 10 October, 12:00) C9 Amendments (deadline for tabling: Monday 9 October, 16:00) ld Vote on a draft resolution (Doc. 14407)
I I 5 , I ' 12. Debate 12.1. Evaluation of the partnership for democracy in respect of the Parliament of Jordan tl Presentation by: o Ms Josette DURRIEU (France, SOC), Rapporteur AS/Pol (Doc. 14399) o Mr Andrea RIGONI (Italy, ALDE), Rapporteur for opinion AS/Jur (Doc.) ~ List of speakers (deadline for registration: Tuesday 10 October, 12:00) C9 Amendments (deadline for fabling: Monday 9 October, 16:00) Q Vote on a draft resolution (Doc. 14399)
"11 ii I' I; IL
1,1. I. .,.In ,. 1f; I::·
i!'I"
"•.·.·. I. j' 'i, l'i ··:.,
,. i: ,,j, .
6 Wednesday 11 October 2017
Sitting No. 32 (10:00-13:00)
13. [Possibly 2nd round] Election (10:00-13:00) 13.1. Judge to the European Court of Human Rights
14. Joint debate 14.1. The functioning of democratic institutions in Azerbaijan D Presentation by: o Mr Stefan SCHENNACH (Austria, SOC), Co-Rapporteur AS/Mon (Doc. 14403) o Mr Cezar Florin PREDA (Romania, EPP/CD), Co-Rapporteur AS/Mon (Doc. 14403) 14.2. Azerbaijan's Chairmanship of the Council of Europe: what follow-up on respect for human rights? D Presentation by: o Mr Alain DESTEXHE (Belgium, ALOE), Rapporteur AS/Jur (Doc. 14397) Ill List of speakers (deadline for registration: Tuesday 10 October, 19:00) 0 Amendments (deadline for tabling: Tuesday 10 October, 10:30) Q, Vote on a draft resolution (Doc. 14403) Q, Vote on a draft resolution (Doc. 14397)
15. Address (12:00-13:00) 15.1. Mr Petro POROSHENKO, President of Ukraine Speech (12:00-12:20) Questions and replies (12:20-13:00) Ill Questions
Sitting No. 33 (15:30-20:30)
16. [Possibly 2nd round] Election (continued) (15:30-17:00) 16.1. Judge to the European Court of Human Rights ,.ii 17. Joint debate !i,· 17.1. Call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe D Presentation by: o Mr Michele NICOLETTI (Italy, SOC), Rapporteur AS/Pol (Doc. 14396) 17.2. Defending the acquis of the Council of Europe: preserving 65 years of successful intergovernmental co-operation D Presentation by: o Mr Tiny KOX (Netherlands, UEL), Rapporteur AS/Pro (Doc. 14406) Ill List of speakers (deadline for registration: Wednesday 11 October, 12:00) 0 Amendments (deadline for tabling: Tuesday 10 October, 16:00) Q, Votes on a draft resolution and a draft recommendation (Doc. 14396) Q, Vote on a draft recommendation (Doc. 14406)
7 18. Joint debate 18.1. Venice Commission's "Rule of Law Checklist" ~~~ tl Presentation by: '! o Mr Philippe MAHOUX (Belgium, SOC), Rapporteur AS/Jur (Doc. 14387) 18.2. New threats to the rule of law in Council of Europe member States: selected examples tl Presentation by: o Mr Bernd FABRITIUS (Germany, EPP/CD), Rapporteur AS/Jur (Doc. 14405) tl Statement by: o Mr Gianni BUQUICCHIO, President of the European Commission for Democracy through Law (Venice Commission) II List of speakers (deadline for registration: Wednesday 11 October, 12:00) C9 Amendments (deadline for tabling: Tuesday 10 October, 16:00) id Vote on a draft resolution (Doc. 14387) fd Vote on a draft resolution (Doc. 14405)
r ,.i ,j: li: ii: L I,. . I
: ! 1I·
,.·i.: ~
i·'··.·'• l:.
8 Thursday 12 October 2017 )I
Sitting No. 34 (10:00-13:00)
19. Debate under urgent procedure 19.1. The new Ukrainian law on education: a major impediment to the teaching of national minorities' mother tongues 0 Presentation by: o Rapporteur AS/Cult (Doc. ) ~ List of speakers (deadline for registration: Wednesday 11 October, 19:30) C9 Amendments {deadline for tabling: Wednesday 11 October, 10:30) G Vote on ... ()
20. Debate 20.1. Prosecuting and punishing the crimes against humanity or even possible genocide committed by Daesh ' 0 Presentation by: 1~ o Mr Pieter OMTZIGT (Netherlands, EPP/CD), Rapporteur AS/Jur (Doc. 14402) o Ms Thorhildur Sunna JEVARSDOTTIR {Iceland, NR), Rapporteur for opinion AS/Pol (Doc.) ~ List of speakers (deadline for registration: Wednesday 11 October, 19:30) C9 Amendments (deadline for tabling: Wednesday 11 October, 10:30) G Vote on a draft resolution (Doc. 14402)
Sitting No. 35 (16:30-20:00)
' 21. Current affairs debate ·'' 21.1. The need for a political solution to the crisis in Catalonia
~ List of speakers {deadline for registration: Thursday 12 October, 12:00)
22. Debate 22.1. The use of new genetic technologies in human beings 0 Presentation by: o Ms Petra De SUTTER (Belgium, SOC), Rapporteur AS/Soc (Doc. 14328) ~ List of speakers {deadline for registration: Thursday 12 October, 12:00) C9 Amendments (deadline for tabling: Wednesday 11 October, 17:00) G Vote on a draft recommendation (Doc. 14328)
23. Debate 23.1. Promoting the human rights of and eliminating discrimination against intersex people D Presentation by: o Mr Piet DeBRUYN (Belgium, NR), Rapporteur AS/Ega (Doc. 14404) ~ List of speakers (deadline for registration: Thursday 12 October, 12:00) C9 Amendments (deadline for tabling: Wednesday 11 October, 17:00) G Votes on a draft resolution and a draft recommendation (Doc. 14404)
IQQ ~'
9 Friday 13 October 2017
Sitting No. 36 (10·00-13:00)
24. Debate
24.1. Youth against corruption D Presentation by: o Ms Eleonora CIMBRO (Italy, SOC), Rapporteur AS/Cult (Doc. 14395) ~ List of speakers (deadline for registration: Thursday 12 October, 19:00) C9 Amendments (deadline for tabling: Thursday 12 October, 10:30) Q, Vote on a draft resolution (Doc. 14395)
25. Debate
25.1. Free debate ii List of speakers (deadline for registration: Thursday 12 October, 19:00)
26· Progress report {continued)
27· Closure ofthe part-session
:i ! :I .' ii :j 'i' .,il ,,.!
." !
., . '·
i , '
1:;
10 J ltJ?- Parliamentary Assembly HfL~ Assemblee parlementaire
~~~':n '''~i-t -- ': CONSEJL DE tEUROPE Draft Agenda of meetings of the Committees of the Assembly, the Bureau and Political Groups 4th part of the 2017 Session: 9-13 October Also available on the internet site: http://assembly.coe.int 09/10/2017 version
Date and time Meeting Room Languages
SUNDAY 8 OCTOBER 2017
• 15:00 to I 7:30 Meeting of the Presidential Committee Room I 7 (E only)
• I S:30 to 20:00 Selection Panel meeting of the Vaclav Havel Human Rights Prize Room I 6 (E only)
MONDAY 9 OCTOBER 2017
• OS:OO to 09:30 Bureau of the Assembly Room7
• OS :30 to 09:30 Women Working Group- Socialist Group Room9 (E/F)
• 09:30 to I l :30 Group of the Unified European Left Room3
• 09:30 to 11:30 Group of the European People's Party Room5
• 09:30 to 11 :30 Free Democrats Group Room6 (E/F/I/TR)
• 09:30 to I I :30 European Conservatives Group RoomS
• 09:30 to 11:30 Socialists , Democrats and Greens Group Room9
• 09:30 to I 1:30 Group of the Alliance of Liberals and Democrats for Europe Room 10
• 10:00 to 11 :30 Meeting of the Secretaries of National Delegations Room I l (E/F)
• II :30 *****ASSEMBLY SITTING*****
• 14:00 to 15:00 Joint hearing with the Committee on Social Affairs, Health and Sustainable Room5 Development and the Committee on Equality and Non-Discrimination on 11 Women and breast cancer11 • I4:00 to I5:00 Committee on Culture, Science, Education and Media RoomS
• I4:00 to 15:00 Committee on Political Affairs and Democracy Room9 ''
• 14:00 to I5:00 Committee on Legal Affairs and Human Rights Room 10
Page 1 of 4 Date and time Meeting Room Languages
• 14:00 to 15:00 Committee on the Honouring of obligations and cmmnitments by member states Room II of the Council of Europe (Monitoring Committee) • 15:00 ••• ""ASSEMBLY SITTING*****
• 17:00 to 19:00 Group of the Unified European Left Room3
• 17:00 to 19:00 Group of the European People's Party RoomS
• 17:00 to 19:00 Free Democrats Group Room6 (E/F/I/TR)
• 17:00 to 19:00 Socialists , Democrats and Greens Group Room9
• 17:00 to 19:00 Group of the Alliance of Liberals and Democrats for Europe Room 10
TUESDAY 10 OCTOBER 2017
• OS:30 to 10:00 Committee on Political Affairs and Democracy Room 1
• OS:30 to 10:00 Committee on Equality and Non-Discrimination Room3
• 08:30 to 10:00 Committee on Culture, Science, Education and Media Room6
• 08:30 to 10:00 Committee on Social Affairs, Health and Sustainable Development Room7
• OS:30 to 09:30 Committee on Migration, Refugees and Displaced Persons RoomS
• 09:30 to 10:00 Sub-Committee on Refugee and Migrant Children and Young People of the RoomS (E/F) Committee on Migration, Refugees and Displaced Persons • 10:00 * * * **ASSEMBLY SITTING*****
• 14:00 to 15:30 Joint hearing with the Committee on Migration, Refugees and Displaced Persons RoomS and the Committee on Culture, Science, Education and Media • 14:00 to 15:00 Sub-Cmmnittee on Children of the Committee on Social Affairs, Health and Room7 (E/F) Sustainable Development • 14:00 to 1S:30 Committee on Rules of Procedure, Immunities and Institutional Affairs RoomS
• 14:00 to 1S:30 Committee on Political Affairs and Democracy Room9
• 14:00 to lS:OO Cmmnittee on Legal Affairs and Human Rights Room 10
• 14:00 to 15:30 Committee on the Honouring of obligations and commitments by member states Room 11 of the Council of Europe (Monitoring Committee) • lS:OO to 1S:30 Sub-Cmmnittee on the European Social Charter of the Committee on Social Room7 (ElF) Affairs, Health and Sustainable Development • lS:OO to 1S:30 Sub-Committee on Human Rights of the Conunittee on Legal Affairs and Human Room 10 (ElF) Rights
Page 2 of 4 Date and time Meeting Room Languages
• 15:30 *****ASSEMBLY SITTING*****
WEDNESDAY 11 OCTOBER 2017
• 08:30 to 10:00 Group of the Unified European Left Room3
• OS:30 to 10:00 Group of the European People's Party RoomS
• OS:30 to 10:00 Free Democrats Group Room6 (E/F/l/TR)
• 08:30 to 10:00 Socialists , Democrats and Greens Group Room9
• OS:30 to 10:00 Group of the Alliance of Liberals and Democrats for Europe Room 10
• 10:00 *****ASSEMBLY SITTING*****
• 14:00 to 14:30 Conunittee on Rules of Procedure, Immunities and Institutional Affairs Room6 f'
•14:00to 15:30 Committee on Social Affairs, Health and Sustainable Development Room7
• 14:00 to 15:30 Committee on Migration, Refugees and Displaced Persons RoomS I
• 14:00 to 15:30 Committee on Political Affairs and Democracy Room9
• 14:00 to 15:30 Committee on Legal Affairs and Human Rights Room 10 '"
• 14:30 to 15:30 Parliamentary Network women free from violence, Committee on Equality and Room3 Non-Discrimination • 15:30 *****ASSEMBLY SITTING***** ,,
THURSDAY 12 OCTOBER 2017
• OS:30 to 09:00 Sub-Committee on the rights of minorities of the Committee on Equality and Room3 (ElF) ~' Non-Discrimination
• OS:30 to 10:00 Committee on Culture, Science, Education and Media Room6
• OS:30 to 09:00 Conunittee on Social Affairs. Health and Sustainable Developmen Room
• OS:30 to 09:30 Committee on Migration, Refugees and Displaced Persons RoomS
• 08:30 to 10:00 Committee on Legal Affairs and Human Rights Room 10
• OS:30 to 09:15 Committee on the Honouring of obligations and commitments by member states Room II of the Council of Europe (Monitoring Committee) '' • 09:00 to 10:00 Joint meeting with the Sub-Committee on Public Health and Sustainable Room3 (E/F) Development and the Sub-Committee on Gender Equality '' Page 3 of 4 ~ Date and time Meeting Room Languages
• 09:15 to 10:00 Committee on Political Affairs and Democracy Room9
• 0930 to l 0:00 Sub-Gommittee on co-operation with non-European countries of origin and RoomS (E/F) transit of the Committee on Migration, Refugees and Displaced Persons • 10:00 *****ASSEMBLY SITTING*****
• 14:00 to 15:00 Committee on Equality and Non-Discrimination Room3
• 14:00 to 15:00 Committee on Culture, Science, Education and Media Room6
• 14:00 to 15:00 Committee on Social Affairs, Health and Sustainable Development Room?
• 14:00 to 14:30 Sub-Committee on External Relations of the Committee on Political Affairs and Room 9 (ElF (TBC)) Democracy • 14:30 to 15:00 Sub-committee on relations with the OECD and the EBRD of the Committee on Room 9 (E/F) Political Affairs and Democracy
• 15:00 to 16:30 Joint Committee Room 5
• 16:30 * * * **ASSEMBLY SITTING*****
• 20:00 Meeting of the Presidential Committee Strasbourg (E only)
FRIDAY 13 OCTOBER 2017
• 08:30 to 10:00 Bureau of the Assembly Room 7
• 10:00 * * * **ASSEMBLY SITTING*****
Page 4 of 4 i..L£:;;:- Parliamentary Assembly lliL~ Assemblee parlementaire ~"~) ~ r""'if11Fi':;JTF.fU:-:izt,cB.£l{•l·..t::e.i:ll.l!l--"'sill'~~~-"'i'ffi~·illi·ilil±#§¥ili!lW!iilfe!iil· ---iil\m-11!::zm11!1!1!<11:J-
AS/Pol (2017) OJ 07rev 2 October 201 7 Apoj07rev_17
Committee on Political Affairs and Democracy
Revised draft agenda of the meetings to be held in Strasbourg, Palais de I' Europe, on:
. Monday 9 October 2017, 14:00-15:00, room 9 . Tuesday 10 October 2017, 08:30-10:00, room 1 . Tuesday 10 October 2017, 14:00-15:30, room 9 . Wednesday 11 October 2017, 14:00-15:30, room 9 . Thursday 12 October 2017, 09:15-10:00, room 9 t Please also note the meetings of the sub-committees, as follows:
-Sub-Committee on external relations, 12 October 2017, 14:00-14:30, room 9 (!be) -Sub-Committee on relations with the OECD and the EBRD, 12 October 2017, 14:30-15:00, room 9 (separate draft agendas) i '' Monday 9 October 2017, 14:00- 15:00, room 9
1. Agenda [AS/Pol (2017) OJ 07rev]
Adoption of the agenda
2. Minutes [AS/Pol (2017) PV 06]
Approval of the minutes of the meeting held in Paris on 6 September 2017
3. The evaluation of the partnership for democracy in respect of the Parliament of .Jordan Rapporteur: Ms Josette Durrieu, France, SOC r• [Doc. 14399, AS/Pol (2017) 20add]
Statement by the Rapporteur on her fact-finding visit to Jordan, 10-11 September 2017, and consideration of an addendum to the report
Dead/me for tab/mg amendments: Monday 9 October 2017, 16:00 Debate in the Assembly: Tuesday 10 October 2017, last debate of the afternoon
This draft agenda, addressed to members of the Committee and their alternates, is the convocation to the meeting . ~ ' Copy to Secretaries of delegations and poliiical groups
Meeting documents will be published on the Parliamentary Assembly extranei website (restricted access): http://assembly.coe.inVextranet. '' f, .;._ 67075 St!-asl:tcluj-g ~dex I_ [email protected] j Te!: + 3$ 3 '88 41 ?bbtl 1 ~ax: +33 ~ f{B 41 29 44 AS/Pol (2017) OJ 07rev
4. Follow-up to Resolution 2162 (2017) on Alarming developments in Hungary: draft NGO law · restricting civil society and possible closure of the European Central University Former Rapporteur: Mr Mogens Jensen, Denmark, SOC [Res 2162 (2017), CDL-AD(2017)015, CDL-PI(2017)005]
Exchange of views with members of the Hungarian delegation to the Assembly
Tuesday 10 October 2017, 08:30-10:00, room 1
5. Enlarged debate on The activities of the Organisation for Economic Co-operation and Development (OECD) in 2016-2017 with the participation of delegations of national parliaments of OECD member States which are not members of the Council of Europe, and of the European Parliament Rapporteur: Mr Alfred Heer, Switzerland, ALOE [Doc. 14401, AS/SOC Opinion, Doc. Amendments]
.Consideration of the amendments to the draft resolution
.Exchange of views with the delegations of national parliaments of OECD member States which are not members of the Council of Europe, and of the European Parliament
Deadline for tabling amendments: Monday 9 October 2017, 16:00 Debate in the Assembly: Tuesday 10 October 2017, 10:00
6. The evaluation of the partnership for democracy in respect of the Parliament of Jordan Rapporteur: Ms Josette Ourrieu, France, SOC [Doc. 14399 and addendum, ASIJUR Opinion, Doc. Amendments]
Consideration of the amendments to the draft resolution
Deadline for tabling amendments: Monday 9 October 2017, 16:00 Debate in the Assembly: Tuesday 10 October 2017, last debate of the afternoon
7. Prosecuting and punishing the crimes against humanity or even possible genocide committed by Daesh Rapporteur for opinion: Ms Thorhildur Sunna /Evarsd6ttir, Iceland, NR [Doc. 14402, AS/Pol (2017) 23]
Consideration and approval of the Committee's opinion
Deadline for tabling amendments: Wednesday 11 October 2017, 10:30 Debate in the Assembly: Thursday 12 October 2017, 10:00
Tuesday 10 October 2017, 14:00-15:30, room 9
B. Follow-up to Resolution 2172 (2017) on The situation in Belarus Former Rapporteur: Mr Andrea Rigoni, Italy, ALOE [Res 2172 (2017), Press release 24.07.2017]
Exchange of views with the participation of:
.members of the National Assembly of Belarus, one from the majority and one from the opposition .Mr Ales Bialiatski, Viasna Human Rights Centre .Mr Vital Rymasheuski, Belarusian Christian Democracy Party
9. The situation in Syria and its effects upon surrounding countries Rapporteur: Mr Tobias Zech, Germany, EPP!CD
Hearing with the participation of:
- Mr Christian Springer, founder of the non-profit organisation Orienthelfer - Ms Bassma Kodmani, Executive Director of the think-tank Arab Reform Initiative
2 AS/Pol (2017) OJ 07rev
Wednesday 11 October 2017, 14:00 15:30, room 9
10. Call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe Rapporteur: Mr Michele Nicoletti, Italy, SOC [Doc. 14396, AS/Pol/lnf (2017) 16, Doc. Amendments]
Consideration of the amendments to the draft resolution and to the draft recommendation
Deadline for tabling amendments: Tuesday 10 October 2017, 16:00 Debate in the Assembly: Wednesday 11 October 2017, 15:30
11. Open discussion on current issues
• Recent developments in Turkey
• IPU's democracy campaign on the 201h anniversary of the Universal Declaration on Democracy Sign the petition online at campaign.ipu.org [IPU letter 14.09.2017]
• Other issues
Thursday 12 October 2017, 09:15 10:00, room 9
12. The relations of the Council of Europe with Kazakhstan I Rapporteur: Mr Axel Fischer, Germany, EPPICD I [AS/Pol (2017) 24]
Consideration of a draft report and vote on a preliminary draft resolution 13. Work programme l. [AS/Pol (2017) WP 07, AS/Pol/lnf (2017) 01 rev6]
• Appointment of Rapporteurs
.The situation in Kosovo' [AS/Bur/CB (2017) 06], for report
.Establishment of a European Union mechanism on democracy, the rule of law and fundamental rights [Doc. 14317], for opinion
Call for candidates • ' .' The evaluation of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic
• World Forum for Democracy on is Populism a problem? (Strasbourg, B to 10 November 2017) [Programme]
Designation of members to the ad hoc Committee of the Bureau to participate in the Forum
______..,-4-. -Authorisations-by-the-eommitte·~------~
15. Changes in the composition of the Sub-Committees
16. Other business
17. Next meetings
• 14 November 2017, Paris • 14 December 2017, Paris '!
• Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.
3 ·t Parliamentary Assembly Assemblee parlementaire
~)-~. ..J.J,/.//,./// ~~~!d:'}-1•Jii'!££'.".'·b.."i.it;..:::u;;;:;::;au;£&&2!0:S?**&¥¥iii&&Zilfri¥¥& ffip¥tfii\f*f
AS/Jur (2017) OJ 07 21 September 2017 ajoj07 2017
Committee on Legal Affairs and Human Rights Draft Agenda
for the meetings to be held in Strasbourg (Palais de I' Europe) on:
- Monday 9 October 2017 at 2pm-3pm (Room 10) - Tuesday 10 October 2017 at 2pm-3pm (Room 10) - [Tuesday 10 October 2017 at 3pm-3.30pm (Room 10)] 1 - Wednesday 11 October 2017 at 2pm•3.30pm (Room 1 0) ,, - Thursday 12 October 2017 at 8.30am- 10am (Room 10) '
Monday 9 October 2017 at 2pm-3pm .' 1. Agenda [ASIJur (2017) 07]
Adoption of the agenda
2. Minutes [ASIJur (2017) PV 06]
Approval of the minutes of the meeting held in Paris on 5 September 2017. "
3. Evaluation of the partnership for democracy in respect of the Parliament of Jordan Rapporteur for opinion: Mr Andrea Rigoni (Italy, ALOE) Rapporteur for the Committee on Political Affairs and Democracy: Ms Josette Durrieu, France, SOC [ASIJur (2017) Doc. 14399]
Consideration and approval of the Committee's opinion
1 The Sub-Committee on Human Rights will meet on Tuesday 10 October 2017 in Room 10 from ..o:3-"-3"',3,,_0,_,pmc:·c_ __~
This draft agenda, addressed to full members of the Committee and their alternates, is the convocation to the meeting
Copy to Secretaries of national delegations, of observer and partner for democracy delegations and of political groups
Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe.int/extranet. ' F:1:;67075 Stfasb~o'urd CeJ:Jex- I asslemblv®cde.in'f J Ttil: .f_ 33 ·3_ 88 41 2jjtid ·J Fa£4-33 -3 a:S 4:1 ?70? .' AS/Jur (2017) OJ 07
4. Draft Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 108) and its Explanatory Report Rapporteur: Mr Raphael Comte (Switzerland. ALOE) [AS/Jur (2017) 09]
Exchange of views with Mr Jean-Philippe Walter Vice-Chair of the Consultative Committee of the Convention for the protection of individuals with regard to automatic processing of personal data
5. Jurisdictional immunity of international organisations and rights of their staff Rapporteur: Mr Volker Ulrich, Germany, EPP!CO [ASIJur (2017) 12]
Consideration of a draft report and adoption of a draft resolution and a draft recommendation
6. Appointment of rapporteurs [Rapporteur table [Doc. 1431fj Doc.14317]
For report:
Extradition requests and the abuse of process
The implementation of judgments of the European Court of Human Rights (1 01" report)
For opinion:
Establishment of an European Union mechanism on democracy, the rule of law and fundamental rights (Rapporteur for the Committee on Rules of Procedure, Immunities and Institutional Atfairs: Ms Petra De Sutter (Belgium, SOC))
7. Call for rapporteurs [Doc. 14314]
For opinion:
The legal and practical requirements for extra-territorial processing of asylum claims (Rapporteur for the Committee on Migration, Refugees and Displaced Persons: Mr Domagoj Hajdukovi6 (Croatia, SOC))
Tuesday 10 October 2017 from 2pm-3pm
8. Azerbaijan's Chairmanship of the Council of Europe: What follow-up on respect for human rights? Rapporteur: Mr Alain Oestexhe, Belgium, ALOE [Doc. 14397+ amendments]
Consideration of amendments to the draft resolution
2 AS/Jur (2017) OJ 07
9. Abolition of the Death Penalty: 151h World Day against the Death Penalty General Rapporteur: Mr Yves Cruchten, Luxembourg, SOC [ASIJur (2017) ... ]
Consideration of a memorandum and ;;ldoption of a declaration Exchange of views with ZZ
*****
Tuesday 10 October 2017 from 3pm-3.30pm (Sub-Committee on Human Rights- for information)
*****
Wednesday 11 October 2017 from 2pm- 3.30pm
10. Venice Commission's "Rule of Law Checklist" Rapporteur: Mr Philippe Mahoux, Belgium, SOC [Doc. 14387 + amendments]
Consideration of amendments to the draft resolution I 11. New threats to the rule of law in Council of Europe member States: selected examples ! Rapporteur: Mr Bernd Fabritius, Germany, EPP!CD [Doc .... +amendments]
Consideration of amendments to the draft resolution
Hearing:
12. The need to shed light on the background of the murder of Boris Nemtsov Rapporteur: Mr Emanuelis Zingeris, Lithuania, EPPICD [AS/Jur (2017) ... ]
Hearing with the participation of:
Ms Zhanna Nemtsova, daughter of Boris Nemtsov; journalist, founder of the Boris Nemtsov Foundation for Freedom Mr Vadim Prokhorov, attorney at law, legal representative of Ms Zhanna Nemtsova Mr Vladimir Kara-Murza, collaborator of Boris Nemtsov ' 'f *****
Thursday 12 October 2017 from 8.30am- 10am
13. Sub-Committee on Human Rights [ASIJur/DH (2017) OJ 05]
Report by the Chairperson of the Sub-Committee on the meeting held in Strasbourg on Tuesday 10 October 2017
.'
.' 3 AS/Jur (2017) OJ 07
14. Prosecuting and punishing the crimes against humanity or even possible genocide committed by Daesh Rapporteur: Mr Pieter Omtzigt, Netherlands, EPP/CD [Doc, .. , + amendments Doc ... ( opinion AS/Pol)]
Consideration of amendments to the draft resolution
15. The case for drafting a European Convention on the profession of lawyer Rapporteur: Ms Sabien Lahaye-Battheu, Belgium, ALOE [AS/Jur (2.017) ... ]
Exchange of views with the participation of: zz
16. Protecting human rights defenders in Council of Europe member States (t.b.c.) Rapporteur: Mr Yves Pozzo di Bargo, France, EPP/CD [AS/Jur (2017) ... ]
Consideration of an introductory memorandum
17. CPT- Public statement concerning Belgium [public statement]
Exchange of views concerning the public statement issued by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on 13 July 2017, with:
Mr Hendrik Daems, Chairperson of the Belgian delegation to the Parliamentary Assembly Mr Mark Kelly, 2nd Vice-President of the CPT and Head of the CPT delegation concerning Belgium
18. Other business
19. Replies from the Committee of Ministers to recommendations emanating from the Committee [ASIJur (2017) ... Doc.]
20. Participation of members in conferences, meetings, seminars etc
Report by the following representative:
• 112th plenary sessions of the European Commission for Democracy through Law (Venice Commission), 6-7 October 2017: Mr Philippe Mahoux (Belgium, SOC)
21. Next meetings
Plenary Committee: Paris, 13 November 2017 (Council of Europe Office) (to be confirmed) Paris, 12 December 2017 (Council of Europe Office) Strasbourg, during the Assembly's 1''part-session of 2018 (22-26 January 2018) Paris, 14 March 2018 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 2nd part-session of 2018 (23-27 April 2018) Place and date in May 2018 to be confirmed, (subject to approval by the Bureau and the availability offunds) Strasbourg, during the Assembly's 3'd part-session of 2018 (25-29 June 2017)
4 AS!Jur (2017) OJ 07
Paris, 10 September 2018 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 4th part-session of 2018 (8-12 October 2018) - Paris, 12 November 2018 (Council of Europe Office) (to be confirmed) - Paris, 11 December 2018 (Council of Europe Office) (to be confirmed)
*****
SUB-COMMITTEE MEETINGS DURING THE 4th PART-SESSION:
Sub-Committee on Human Rights:
• Strasbourg, Tuesday 10 October 2017 (3-3.30pm) (Room 10)
I '
I I'
r ,
t '
I'
5 l.LJf-- Parliamentary Assembly lffL~ Assemblee parlementaire ~'~ ~~~ ~~~"~~mmmmmmm=m=~m=~~~~Em~~Emmm~~ CONSEIL DE lEUROPE
AS/Soc (2017) OJ 07 26 September 2017 Asocoj07_2017
QtPlmlff~~ tn lt~thtl Affilkt. fh~~lt~ !ilm! IYitit!ni~l~ D~v~l!ramwnt Draft agenda 1
for the-meetings to be held in Strasbourg on Monday, 9 October 2017, from 2 to 3 pm [Room 5]* Tuesday, 10 October 2017, from 8.30 to 10 am [Room 7] Wednesday, 11 October 2017, from 2 pm to 3.30 pm [Room 7] Thursday, 12 October 2017, from 2 to 3.30 pm [Room 7]
*Joint meeting with the Committee on Equality and Non·Discrimination t
[Sub-Committee on Children on Tuesday, 10 October 2017, from 2 pm to 2.45 pm, room 7
Sub-Committee on the European Social Charter I on Tuesday, 10 October 2017, from 2.45 pm to 3.30 pm, room 7
Joint meeting of the Sub-Committee on Public Health and Sustainable Development and the Sub-Committee on Gender Equality on Thursday, 12 October 2017, from 9 am to 10 am, room 3]
IN CAMERA- Tuesdav 10 October 2017, approx. 9 to 10 am
6. Protecting children affected by armed conflicts (in cameral Rapporteur: Ms Sevinj Fata/iyeva, Azerbaijan, EC [AS/Soc (2017) 41, AS/Soc (2017) 33, AS/Soc (2017) 38, AS/Soc (2017) 42]
. Possible consideration of a potential conflict of interest of the rapporteur . Consideration of a draft report ''
1This draft agenda, addressed to full members of the Committee and their alternates, is the convocation to the meeting
Copy to Secretaries of national delegations, of observer and partner for democracy delegations I' and of political groups ·.·~ .' AS/Soc (2017) OJ 07
Monday, 9 October 2017, from 2 to 3 pm {Room 5[
1. Joint meeting with the Committee on Equality and Non-Discrimination [AS/Soc (2017) 43]
Hearing on "women and breast cancer" with: Ms Donata Lerda, European Commission Initiative on Breast Cancer (ECIBC), Joint Research Centre; Ms Elizabeth Bergsten Nordstrom, lawyer, former President of Europa Donna (Sweden);
Tuesday, 10 October 2017, from 8.30 to 10 am [Room 7l
2. Agenda [AS/Soc (2017) OJ 07]
Adoption of the draft agenda
3. Election of the first Vice-Chairperson
Election of the first Vice-Chairperson following the departure of Ms Bonet from the Assembly
4. Minutes [AS/Soc (2017) PV 06, AS/Soc (2017) PV 06add]
. Approval of the draft minutes of the meeting held in Paris on 19 September 2017 . Approval and declassification of the minutes of the hearing on "Inquiry into growing antimicrobial resistance in Europe" held in Paris on 19 September 2017
5. The need for a citizenship income Rapporteur: Ms Nunzia Catalfo, Italy, NR [AS/Soc (2017) 11 rev]
Consideration of a revised draft report and adoption of a draft resolution
6. Protecting children affected by armed conflicts (in cameral Rapporteur: Ms Sevinj Fataliyeva, Azerbaijan, EC [AS/Soc (2017) 41, AS/Soc (2017) 33, AS/Soc (2017) 38, AS/Soc (2017) 42]
. Possible consideration of a potential conflict of interest of the rapporteur . Consideration of a draft report
7. Committee's work programme and priorities [AS/Soc (2017) 01 rev6, AS/Soc (2017) 02rev6]
7.1. Appointment of rapporteurs: [Doc. 14310]
For opinion
- Development aid: a tool for preventing migration crises
7. 2. Appointment of Committee representatives to external events:
. 30'h World Day for the Eradication of Poverty organised by the Conference of INGOs of the Council of Europe, 17 October 2017, Strasbourg;
7.3. Reports from Committee representatives to external events:
. Annual WTO Public Forum on "Trade: behind the headlines", 26-28 September 2017, Geneva, Switzerland, including the parliamentary panel on "Making trade fair", 26 September 2017: Mr Geraint Davies (United Kingdom, SOC);
2 AS/Soc (2017) OJ 07
Wednesday. 11 October 2017, from 2 to 3.30 pm [Room 71
.8. The provision of palliative care in Europe Rapporteur: Mr Ronan Mullen, Ireland, EPPICD [AS/Soc (2017) 40]
Hearing with the participation of: Mr Philip Larkin, Professor of Clinical Nursing (Palliative Care), University College Dublin and Our Lady's Hospice and Care Services; Ms Tiina Saarto, Professor of Palliative Medicine, Chief Physician, Palliative care center, Comprehensive Cancer Center, Helsinki University Hospital, Helsinki University; N.N.;
9. Sub-Committee on Children
Report by the Chairperson of the Sub-Committee on its meeting in Strasbourg on 10 October 2017
10. Sub-Committee on the European Social Charter
Report by the Chairperson of the Sub-Committee on its meeting in Strasbourg on 10 October 2017
11. Changes in Sub-Committees [List of the Sub-Committees]
Thursday. 12 October 2017, from 2 to 3.30 pm [Room 71
12. The use of new genetic technologies in human beings Rapporteur: Ms Petra De Sutter, Belgium, SOC [Doc. 14328, compendium of amendments] t Consideration of amendments I 13. Jurisdictional immunity of international organisations and rights of their staff Rapporteur: Mr Stefan Schennach, Austria, SOC [Doc .... , AS/Soc (2017) 44]
Consideration and approval of a draft opinion
14. Sub-Committee on Public Health and Sustainable Development
Report by the Chairperson of the Sub-Committee on its joint meeting with the Sub-Committee on Gender Equality of the Committee on Equality and Non-Discrimination, in Strasbourg on 12 October 2017
15. Other business
16. Date and place of next meetings
Plenary committee:
Wednesday, 6 December 2017, Paris (Council of Europe Office); First part-session 2018 of the Assembly, 22-26 January 2018, Strasbourg;
Sub-Committee on the European Social Charter:
Friday, 27 October 2017, Paris, Parliamentary Seminar on the implementation of the European Social Charter;
Sub-Committee on Children:
Monday and Tuesday, 6-7 November 2017, London (United Kingdom), on the occasion of the Parliamentary Seminar organised by the UK parliament (subject to Bureau authorisation). .' 3 AS/Mig (2017) OJ 07 26 September 2017 amoj07_2017
Committee on Migration, Refugees and Displaced Persons Draft agenda of the meeting to be held in Strasbourg on - Tuesday, 10 October 2017, from 8.30 to 9.30 am (Room 8) - Tuesday, 10 October 2017, from 2.00 to 3.30 pm (Room 5) (Joint Hearing with the Committee on Culture, Science, Education and Media) - Wednesday, 11 October 2017, from 2.00 to 3.30 pm (Room 8) - Thursday, 12 October 2017, from 8.30 to 9.30 am (Room 8) I
A meeting of the Sub-Committee on Refugee and Migrant Children and Young People is foreseen on Tuesday, 10 October from 9.30 to 10.00 am (Room 8)
A meeting of the Sub-Committee on Co-operation with non-European countries of origin and transit is foreseen on Thursday, 12 October from 9.30 to 10.00 am (Room 8) i
1. Agenda [AS/Mig (2017) OJ 07]
Adoption of the agenda
2. Minutes .. [AS/Mig (2017) PV 06]
Approval of the draft minutes of the meeting held in Paris on 20 September 2017 '' 3. Statement by the Chair of the Committee [AS/Bur/CB (2017) 08]
This draft agenda, addressed to full members of the Committee and their alternates, is the convocation to the meeting
Copy to secretaries of delegations and political groups .'
Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe.int/extranet. (J/. .' F_~ ~i075'Strasifdut9 ~eidex --1 [email protected] J Te_l; +33 3:88Ai-291JO~-j faX: _.f.-33_3:88 M ?797 ~ AS/Mig (2017) OJ 07
4. Humanitarian consequences of the war in Ukraine Rapporteur: Mr Egidijus Vareikis, Lithuania, EPPICD [AS/Mig (2017) '*'*]
Hearing with the participation of experts
Consideration of a preliminary draft report
5. Recommendation 2090 (2016) on "The humanitarian concerns with regard to people captured during the war in Ukraine" (Rapporteur: Ms Nellija Kleinberg a, Latvia, ALOE) [Rec. 2090 (2016)] [Doc. 14321]
Consideration of the reply from the Committee of Ministers to Recommendation 2090 (2016)
6. Save and rescue operations in the Mediterranean Sea [Draft letter] [Res. 1872 (2012)] [Doc. 12895]
Statement by Ms Tineke Strik (Netherlands, SOC)
Consideration of a draft letter to the Italian Authorities
7. European rules on the administrative detention of migrants [AS/Mig/lnf (2017) 24]
Consideration of an information memorandum by Ms Tineke Strik (Netherlands, SOC)
8. Situation of refugees in Jordan
Exchange of views with members of the Jordanian Partner for Democracy delegation to the PACE
9. Joint hearing with the Committee on Culture, Science, Education and Media
Hearing on "Migrants and the media" with the participation of experts (tbc)
10. Parliamentary Campaign to End Immigration Detention of Children [Study] [Parliamentary Monitoring Guide]
Statement by Ms Doris Fiala, General Rapporteur on Ending Immigration Detention of Children
Presentation of the Study of immigration detention practices and the use of alternatives to immigration detention of children
./ Ms Athanassia Sykiotou, Democritus University of Thrace, Faculty of Law, Greece (tbc)
Presentation of the Parliamentary Monitoring Guide on "Visiting places where children are deprived of their liberty as a result of migration procedure" elaborated by the Council of Europe's Children Right's Division
./ Mr Benoit Van Keirsbilck, Director, Defence for Children, Belgium (tbc)
2 AS/Mig (2017) OJ 07
11. Addressing the humanitarian needs of internally displaced persons: recent lessons and future challenges in Europe Mr Killion Munyama. Poland, EPPICD [AS/Mig (2017) ''']
Exchange of views on relevant Council of Europe action with a representative of the Directorate general of Human Rights and Rule of Law
12. Young migrants and refugees
Report by Mr Manlio DiStefano (Italy, NR), Chairperson of the Sub-committee on Refugee and Migrant Children and Young People on the meeting which was held on Tuesday 10 October
Exchange of views with participants in the study session for young refugees on "Empowering Young Refugees" (9-14 October, European Youth Centre Strasbourg), organised by Voices of Young Refugees in Europe (VYRE) and the EYC (Budapest/Strasbourg)
13. How to encourage the migration of international students across Europe Alexander [The Earl of] Dundee (United Kingdom, EC) I Statement by the rapporteur and exchange of views
14. Radicalis
Statement by the rapporteur on t1er fact-finding visit to Norway (21-22. September 2017)
••' 15. World Forum for Democracy on "Is populism a problem?" (Strasbourg, Council of Europe, 8-10 November 2017) [Draft programme]
Appointment of members to the ad hoc Committee of the Bureau to participate in the Forum •• 16. Work programme [AS/MigNVP (2017) 07]
Appointment of rapporteurs for reports (subject to the referral of these motions to the Committee for reports by the Assembly)
Stop violence and exploitation of migrant children [Doc. 14363]
Defining guidelines for international NGOs [Doc. 14380]
Motion for consultation (subject to the referral of this motion to the Committee for consultation)
The implications of Brexit for migration [Doc. 14364] ,, Representation of the Committee at various events
3 '' AS/Mig (2017) OJ 07
International expert conference on "Immigration Detention of Children: Corning to a Close?" organised by the Czech Chairmanship of the Committee of Ministers of the Council of Europe, Prague, 25··26 September 2017: statements by Ms Doris Fiala (Switzerland, ALDE) and Mr Pierre-Aiain Fridez (Switzerland, SOC)
17. Composition of the Sub-Committees [AS/Mig/list (2017) 07]
Possible modifications of the composition of the Sub-Committees
18. Free debate
19. Other business
20. Next meetings
• Paris, 8 December 2017 • Strasbourg, during the 1''part-session 2018 (22-26 January)
4 ~ Parliamentary Assembly ~~ Assemblee parlementaire ~~ ~~~~~~mmrr &&¥· - CONSEIL DE I: EUROPE
AS/Ega (2017) OJ 07 27 September 2017 Aegaoj07 _2017
Committee on Equality and Non-Discrimination
Draft agenda
of the meeting to be held in Strasbourg on
Monday 9 October 2017, from 2 to 3pm, room 5 : joint meeting with the Committee on SodaLAffairs, Health and Sustainable Development I Tuesday 10 October 2017, from 8.30 to 10am, room 3
Wednesday 11 October 2017, from 2.30 to 3.30pm, room 3: meeting of the Parliamentary Network Women Free from Violence
Thursday 12 October 2017, from 2 to 3.30pm, room 3 ''
[Sub-Committee on the Rights of Minorities: Thursday 12 October 2017, from 8.30 to t-• 9 am, room 3
Joint meeting of the Sub-Committee on Gender Equality and the Sub-Committee on Public Health and Sustainable Development of the Committee on Social Affairs, Health and Sustainable Development: Thursday 12 October 2017, from 9 to 10 am, room 3] "
This draft agenda, addressed to members of the Committee and their alternates, is the convocation to the meeting
Copy to Secretaries of delegations and political groups
These documents are published on PACE extranei website (restricted area for PACE Members) when they become available: http://assemblv.coe.int/extranet ; '
.' AS/Ega (2017} OJ 07
Monday 9 October 2017, from 2 to 3pm, room 5
1. Women in public space: joint meeting with the Committee on Social Affairs, Health and Sustainable Development
Hearing on "women and breast cancer" with the participation of:
Ms Donata Lerda, European Commission Initiative on Breast Cancer (ECIBC), Joint Research Centre; Ms Elizabeth Bergsten Nordstrom, President of the Swedish Breast Cancer Association and Former President of Europa Donna, European Breast Cancer Coalition (Sweden).
Tuesday 10 October 2017, from 8.30 to 10atn, room 3
2. Agenda [AS/Ega (2017) OJ 07]
Adoption of the draft agenda.
3. Minutes [AS/Ega (2017) PV 06]
Approval of the draft minutes of the meeting of the committee held in Paris on 18 September 2017.
4. Work programme [AS/Ega/lnf (2017) 01 Rev06; AS/Ega/lnf (2017) 04Rev02; AS/Ega (2017) 40; Invitation letter]
i. Setting up of a new General Rapporteur on Women in politics;
ii. Appointment of General Rapporteurs on:
Violence against women, Combating racism and intolerance;
iii. Invitation to hold a meeting of the Sub-Committee on the Rights of Minorities in Bucharest on 21 November 2017 (subject to the authorisation of the Bureau of the Assembly).
5. Discrimination in access to employment Rapporteur: Mr Damien Thiery, Belgium, ADLE [AS/Ega (2017) 39]
Consideration of an information memorandum.
6. Women in the economy: promoting gender equality and women's access to STEM education and careers (science, technology, engineering and maths) Rapporteur: Ms Elena Centemero, Italy, EPP/CD
Hearing with the participation of:
Ms Kathleen Noonan, Director, Philanthropies & Education Communications, Microsoft Europe; Mr Julian Lambertin, Managing Director Europe, Middle-East and Africa (EMEA), KRC Research, Cologne (to be confirmed).
2 AS/Ega (2017) OJ 07
7. Gender equality and child maintenance Rapporteur: Ms Gisela Wurm, Austria, SOC
Hearing with the participation of:
Ms Sumi Rabindrakumar, Research Officer, Gingerbread, London; - name to be confirmed.
Wednesday 11 October 2017, from 2.30 to 3.30pm, room 3
8. Parliamentary Network Women Free from Violence
Hearing on shelters for victims of gender-based violence with the participation of:
Ms Anne-Marie Von Arx-Vernon, Former Director of the accommodation centre "Le Coeur des grottes" and expert on action against trafficking in human beings, Geneva ; Ms Rosa Logar, President and Co-Founder of Women against Violence Europe (WAVE).
Thursday 12 October 2017, from 8.30 to 9am, room 3: meeting of the Sub-Committee on the Rights of Minorities
See separate draft agenda
Thursday 12 October 2017, from 9 to 10am, room 3: joint meeting of the Sub Committee on Gender Equality and the Sub-Committee on Public Health and Sustainable Development of the Committee on Social Affairs, Health and Sustainable Development
Hearing on the contraception atlas of the European Parliamentary Forum on Population & Development (EPF).
See separate draft agenda
Thursday 12 October 2017, from 2 to 3.30 pm, room 3
9. Promoting the human rights of and eliminating discrimination against intersex people Rapporteur: Mr Piet De Bruyn, Belgium, NR [Doc. 14404] "
Consideration of possible amendments to the draft resolution and draft recommendation.
---~Hl-.-·Growing-hat-e-speeeh-and-the-role-of-politieaHeaders-in-fighting-hate-erimE¥.-follow-up-to-EGRI-----~ recommendations Rapporteur: Elvira Kovacs, Serbia, EPP/CD [AS/Ega (2017) 38]
Consideration of an introductory memorandum.
,,
3 " AS/Ega (2017) OJ 07
11. Promoting diversity and equality in politics Rapporteur: Mr Killion Munyama, Poland, EPP/CD [AS/Ega (2017) 36]
Consideraiion of an information memorandum.
12. World Forum for Democracy [concept paper]
Appointment of members to the Ad Hoc Committee of the Bureau of the Assembly to participate in the World Forum for Democracy which will take place from 8 to 10 November 2017 in Strasbourg, on the topic "Is Populism a problem?" (at no cost for the Assembly).
13. Work programme [AS/Ega/In! (2017) 01 Rev06; AS/Ega (2017) 37; Doc. 14313; Doc. 13965; Doc. 14334]
i. Appointment of a Rapporteur for report on Alleged extreme discrimination and crimes against homosexuals in the Chechen Republic (Russian Federation), motion for a resolution tabled by Mr Johan Nissinen (Sweden, Nl) and other members of the Assembly;
ii. Appointment of Rapporteurs for opinion on
Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the "Cairo Declaration"?, motion for a resolution tabled by Mr Pieter Omtzigt (Netherlands, EPPICD) and other members of the Assembly;
Protecting the rights of people with psychosocial disabilities with regard to involuntary measures in psychiatry, motion for a resolution tabled by Ms Stella Kyriakides (Cyprus, EPP/CD) and other members of the Assembly.
14. Appointment of representatives [Programme]
Participation in the Inter-parliamentary Committee Meeting of the European Parliament on the occasion of the International Day for the Elimination of Violence against Women 2017 on "The Istanbul Convention: combating violence against women at national and EU level", to be held in Brussels on 21 November 2017 (subjectto the availability of funds).
15. Free debate
16. Any other business
17. Next meetings
Plenary Committee
Paris, 7 December 2017 (Council of Europe office); Copenhagen, 1-2 March 2018 (subjectto the authorisation of the Bureau ofthe Assembly).
Sub Committee on the Rights of Minorities
Bucharest, 21 November 2017 (to be confirmed).
4 Parliamentary Assembly Assemblee parlementaire ~ t;.>~ ~/,//,.//./ ~ ~~~mwmaaaa:zauuaaa"aaoo;ala1aaaaaaaaaaaaaaaaaaaaaaaaa
ASIJuriDH (2017) OJ 05 Rev. 5 October 2017 ajdhoj05 2017 rev.
Sub-Committee on Human Rights Committee on Legal Affairs and Human Rights Draft Agenda1 for the meeting to be held in Strasbourg (Palais de I'Europe, Room 1 0) on Tuesday 10 October 2017 from 3 pm to 3.30 pm
1. Agenda [AS/Jur/DH (2017) OJ 05 rev.]
Adoption of the agenda I' i
2. Minutes [AS/Jur/DH (2017) PV 04]
Approval of the minutes of the meeting held in Strasbourg on 28 June 2017 i'
3. European Committee for the Prevention of Torture (CPT) [AS/Bur (2017) 63, 72, 73, 74 Rec 1323 11997). Res 1248 12001), Res 1540 12007), Res 1808 12011), Rec. 1968 12011), Res 2160 12017), Rec 2100 12017) Extract of the European Convention for the Prevention of Torture CPT note]
Consideration of candidates to the CPT in respect Spain, United Kingdom, Turkey and Malta.
" 4. Other business
5. Next meeting '' Paris, 12 December 2017,2.30 pm- 5.30 (Council of Europe Office) (to be confirmed)
1 Committee documents are published on the PACE extranet website (restricted area for PACE Members) when they beoome available: http://assembly.ooe.int/extranet. PACE IT Unit staff ([email protected]) remains at your disposal for any technical assistance.
This is the convocation to the meeting for the members and alternates of the Sub-Committee on Human Rights Copy for information: Secretaries of national delegations
f,- sto75 SirasbciiirQ Cedex I [email protected] I tef: + 33 3 88 41 2Qttl1 i" ]}ax: +33 3 88'41: :n'QZ
" ~ Parliamentary Assembly mL~ Assembh~e parlementaire
~~~ ~ -Ulllll/l::lmlill~!'n!l);!!1i!lllll ______
2017 ORDINARY SESSION
Fourth part
9-13 October 2017
TEXTS ADOPTED I ~ ' ' BY THE ASSEMBLY
Provisional versions ''
I I
! I Table of contents
Recommendations
Recommendation 2113 (2017) Call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe (Doc. 14396) Recommendation 2114 (2017) Defending the acquis of the Council of Europe: preserving 65 years of successful intergovernmental co-operation (Doc. 14406) Recommendation 2115 (2017) The use of new genetic technologies in human beings (Doc. 14328) Recommendation 2116 (2017) Promoting the human rights of and eliminating discrimination against intersex people (Doc. 14404)
Resolutions
Resolution 2181 (2017) The activities of the Organisation for Economic Co-operation and Development (OECD) in 2016-2017 (Doc. 14401) Resolution 2182 (2017) Follow-up to Resolution 1903 (2012): promoting and strengthening transparency, accountability and .integrity of Parliamentary Assembly members (Doc. 14407) Resolution 2183 (2017) Evaluation of the partnership for democracy in respect of the Parliament of Jordan (Doc. 14399) Resolution 2184 (2017) The functioning of democratic institutions in Azerbaijan (Doc. 14403) Resolution 2185 (2017) Azerbaijan's Chairmanship of the Council of Europe: what follow-up on respect for human rights? (Doc. 14397) Resolution 2186 (2017) Call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe (Doc. 14396) Resolution 2187 (2017) Venice Commission's "Rule of Law Checklist" (Doc. 14387) Resolution 2188 (2017) New threats to the rule of law in Council of Europe member States: selected examples (Doc. 14405) · Resolution 2189 (2017) The new Ukrainian law on education: a major impediment to the teaching of national minorities' mother tongues (Doc. 14415) Resolution 2190 (2017) Prosecuting and punishing the crimes against humanity or even possible genocide committed by Daesh (Doc. 14402) Resolution 2191 (2017) Promoting the human rights of and eliminating discrimination against intersex people (Doc. 14404) Resolution 2192 (2017) Youth against corruption (Doc. 14395) Recommendations 2113 to 2116
'r
~ ' I
.'
"
I,
f I ~ Parliamentary Assembly ~~ Assemblee parlementaire ~-:1Jl!fJ» ~~~lll!lt[!li'AI!!lOi•!!llliA!!!ihi!ll ------CONS ElL DE LEUROPE
Recommendation 2113 (2017)1 Provisional version
Call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe
Parliamentary Assembly
1. The Parliamentary Assembly refers to its Resolution 2186 (2017) on the call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe, in which it expresses its concern about the numerous challenges currently threatening the European continent and its unity. Against this background, and for the reasons given in its resolution, the Assembly believes that the Council of Europe, and the values it upholds, is today more necessary than ever.
2. In order to preserve and further strengthen the pan-European project in a Europe which has profoundly changed since the last Summit held in Warsaw 12 years ago, the Assembly calls on the Committee of Ministers to convene a Fourth Summit of Heads of State and Government of Council of Europe member States. This will offer a unique opportunity for member States to reaffirm, in the strongest possible terms and at the highest political level, their commitment to the ideal of European unity and the common values and principles of democracy, human rights, and the rule of law upheld by the Organisation.
3. The Assembly recommends that the Fourth Summit be well-focused and provide political impetus for a number of specific actions suggested in a non-exhaustive manner in its resolution. It should also offer a fresh and timely opportunity to define, at the highest political level, the role to be played by the Council of Europe in the overall European political architecture and address outstanding challenges in its relations with the European Union, in the light, inter alia, of the 2006 report "A sole ambition for Europe", in the interest of European citizens.
4. Although the primary responsibility for the organisation of a Summit lies with the Committee of ' Ministers, the Assembly underlines that an efficient preparation of the Summit requires the development of . synergies between all sectors of the· Organisation, co-ordinated by its Secretary General, and more significantly between its two statutory organs. The Assembly therefore asks the Committee of Ministers to:
4.1. closely associate the Assembly in the preparation of the draft agenda and draft declaration of I' the Fourth Summit; 4.2. consider its proposal, as part of the preparatory work for the Summit and for the reasons and according to the modalities described in its resolution, to engage in a procedure aimed at harmonising jointly the rules governing participation, representation and responsibilities of member States in both statutory organs, while fully respecting the latters' autonomy.
I I
1. Assembly debate on 11 October 2017 (33rd Sitting) (see Doc. 14396, report of the Committee on Political Affairs and Democracy, rapporteur: Mr Michele Nicoletti). Text adopted by the Assembly on 11 October 2017 (33rd Sitting). I I :..
l.L:/;?-- Parliamentary Assembly lftL~ Assemblee parlementaire ~~ ~&e~/~m.~·run~c,ma•m·~Mmm...... CONSEIL DE lEUROPE
Recommendation 2114 (2017)1 Provisional version
Defending the acquis of the Council of Europe: preserving 65 years of successful intergovernmental co-operation
Parliamentary Assembly
1. The raison d'etre of the Council of Europe is "to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic arid social progress" (Article 1 of the 1949 Statute of the Council of Europe (ETS No. 1)), focussing on the three major pillars of human rights, the rule of law and democracy.
2. To that end, the Statute established the principle of intergovernmental co-operation, which has since then been central to the Council of Europe's operations. This co-operation between member States focuses on the development of common standards in conventions and their effective implementation in member States in order to ensure continuity in the achievement of the objective set out in the Statute.
3. For almost 70 years, the convention-based system has substantially helped to improve the functioning of democratic institutions in Europe, to develop the rule of law throughout Europe and to protect and promote the rights of all European citizens and inhabitants. These conventions are the main source of the Council of Europe acquis. They have a direct impact on the lives of European citizens and the legal framework of member States. r , 4. This unique common heritage must be recognised, asserted, defended and, as necessary, further ' developed, to the benefit of all European citizens and inhabitants- and others to whom these conventions are or could be applied.
5. Any initiative to draft a new treaty has to be formally approved by the Committee of Ministers, the Council of Europe's executive organ. The Committee of Ministers may ask the Parliamentary Assembly for an i' opinion on any draft treaty (Article 23.a). Since 1998, it does consult the Assembly on all draft treaties. Article 15.a of the Statute states that conventions and agreements shall be considered by the Committee of Ministers on recommendation of the Assembly, or on the Committee's own initiative. A large number of these treaties have been drawn up at the instigation of the Assembly, often referred to as the Council of Europe's political " engine.
6. The Assembly and the Committee of Ministers therefore bear- together with the member States- the responsibility for the creation, protection, implementation and further development of the convention-based system in Europe.
7. At the Third Summit of Heads of State and Government of the Council of Europe member States, in 2005 in Warsaw, the need to strengthen the effectiveness of the convention-based system was underlined and measures to achieve this goal were stipulated. Many steps have been taken since then and improvements have been made, such as a radical reform of the Organisation's activities, as well as a substantial reform of the functioning of the European Court of Human Rights and a review of conventions.
1. Assembly debate on 11 October 2017 (33rd Silting) (see Doc. 14406, report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Mr Tiny Kox). Text adopted by the Assembly on 11 Octobe~ 2017 (33rd Sitting). y ..., l I Recommendation 2114 (2017)
8. Despite these reforms, big gaps remain between what the member States and the Organisation want and what is performed by them. Ratification of conventions is too often delayed, preventing their entry into force; implementation of conventions into domestic law is often slow and inaccurate and domestic legal frameworks too often dysfunctional.
9. Throughout Europe, democracy, the rule of law and human rights are under pressure and in dire need of revitalisation. In order to help to counter these developments and to continue to do what is agreed in Article 1 of the Statute of the Council of Europe, the instruments and institutions of the Organisation need to be modernised and made more effective. The upcoming Summit of Heads of State and Government, which is now under preparation, should therefore, on the basis of a thorough evaluation, discuss - amongst other issues- how to improve and reinforce the convention-based system of the Council of Europe.
10. The Assembly therefore calls on the Committee of Ministers and the Secretary General of the Council of Europe to: 10.1. add the Council of Europe convention-based system and Its future to the agenda of the upcoming Summit of Heads of State and Government; 10.2. adequately prepare, in due time before the Summit: 10.2.1. an in-depth evaluation of the effectiveness of the existing conventions and their monitoring mechanisms, and proposals to substantially strengthen the convention-based system, in the light of what is stated in Article 1 of the Statute of the Council of Europe; 10.2.2. an evaluation of the effectiveness of the assistance programmes for the implementation of the standards set out in the conventions and an assessment of improvements needed; 10.2.3. proposals on how to strengthen the effectiveness of the European Court of Human Rigl,ts, by improving domestic judicial procedures to give justice to citizens, promoting effective implementation .in all member States of judgments of the Court, and appropriate funding of the Court, in linE~ with the decisions taken at the Third Summit in Warsaw; 10.2.4. proposals on how to broaden the scope of application of the European Social Charter (revised) (ETS No. 163) to all member States by having them ratify the Charter as soon as possible. how to expand its strong built-in monitoring mechanism (collective complaints system) to all member States, how to make the European Social Charter the main reference and common social rights benchmark for the European Union's Pillar of Social Rights and open it for signature by third Parties which are not member States of the Council of Europe; ·1 0.2.5. a general evaluation of relations between the Council of Europe and the other main European organisations (European Union, Eurasian Economic Union, Nordic Council, Organization for Security and Co-operation in Europe (OSCE), Organisation for Economic Co operation and Development (OECD)) with regard to the convention-based system; 10.2.6. a consideration of the desirability of a European Union-Council of Europe memorandum of understanding on the participation of the European Union in Council of Europe conventions which could provide for general operating rules (such as voting rights, speaking rights, reporting, and financial arrangements); 10.2. 7. a road map for European Union accession to the European Convention on Human Rights (ETS No. 5), in line with the obligation formulated in the Lisbon Treaty; 10.2.8. proposals on how to reach out to citizens and let them participate more in the decision making process of the Council of Europe; 10.3. ensure that sufficient financial and human resources be allocated to convention-based and intergovernmental activities in which all member States should be able to participate on an equal footing; 10.4. involve the Assembly in the preparatory activities of these evaluations and (re)considerations, in the light of Article 15.a of the Statute; 10.5. involve the Assembly in an appropriate way in the upcoming Summit of Heads of State and Government; 10.6. invite the Heads of State and Government, when participating in their upcoming Summit, to recognise, assert, defend and, as necessary, further develop and properly fund the Council of Europe's convention-based system, to the benefit of all European citizens and inhabitants - and all others to Recommendation 2114 (2017)
11. The prospect of a Fourth Summit of Council of Europe Heads of State and Government should be an opportunity for the Committee of Ministers to undertake proper reflection on our Organisation's future, bearing in mind that defending the Council of Europe's acquis depends on preserving its unique system of co operation which enables all member States to agree on common positions and co-operate on an equal footing for the benefit of all. In this context, the Assembly calls on all Council of Europe member States to abstain from any voluntary actions which would result in the weakening of the intergovernmental co-operation which has contributed so much during the past decades to effectively uniting the European continent.
I.
t'
.'
r,
~ I
''
I I l.C/-- Parliamentary Assembly ~~ Assemblee parlementaire ~-,~ ~<'mm&~~m~,-~··m'Mm•·n•......
Recommendation 2115 (2017)1 Provisional version
The use of new genetic technologies in human beings
Parliamentary Assembly
1. Genetic engineering techniques have been applied in the medical field for several decades now. However, new technologies are developing very rapidly: recent discoveries related to the human genome l. have opened the door to new opportunities and unprecedented ethical concerns. On the one hand, this improved knowledge of our.make-up as human beings brings with it welcome potential to diagnose, prevent and eventually cure diseases in the future. On the other hand, it raises complex ethical and human rights questions, including - but not limited to - unintended harm which may result from the techniques used, access and consent to such techniques, and their potential abuse for enhancement or eugenic purposes. r 2. In particular, recent advances in genome editing are bound to result in germ line interventions in human beings quite soon, for example with the birth of children whose genome has been altered with some unforeseeable consequences in such a way that their descendants are also affected. The scientific consensus is that these techniques are not "safe", leading to a de facto moratorium. However, other techniques, such as l. pronuclear transfer technology (the "three-parent" technique), which is used to avoid maternal inheritance of mitochondrial disease, have been used and resulted in the birth of two babies (one of them for reasons other than the treatment of mitochondrial disease), despite considerable ethical controversy and scientific uncertainty about the long-term effects.
3. Deliberate germline editing in human beings would cross a line viewed as ethically inviolable. Indeed, the 1997 Council of Europe Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (ETS No. 164, "Oviedo Convention"), binding on the 29 member States which have ratified it, posits in its Article 13 that "an intervention seeking to modify the human genome may only be undertaken for preventive, diagnostic or therapeutic purposes and only if its aim is not to introduce any modifications in the genome of any ' ' descendants". The convention does, however, also establish a specific procedure for its amendment (Article 32), which should be.read in conjunction with Article 28, which imposes on States Parties to see to it that "the fundamental questions raised by the developments of biology and medicine are the subject of appropriate public discussion in the light, in particular, of relevant medical, social, economic, ethical and legal " implications, and that their possible application is made the subject of appropriate consultation".
4. Numerous scientific and ethical bodies are starting to make recommendations to establish an appropriate regulatory framework for genome editing and germline interventions in human beings, including most recently the United States National Academy of Sciences and National Academy of Medicine, and the European Academies Science Advisory Council (EASAC). There is currently a prohibition on interventions aimed at modifying the germline in human beings in all European Union and many Council of Europe member States.
j,
1. Assembly debate on 12 October 2017 (35th Sitting) (see Doc. 14328, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Ms Petra De Sutter). Text adopted by the Assembly on 12 Octobe~ 2017 (35th Sitting). ·yt"""''"' I I Recommendation 2115 (2017)
5. The Parliamentary Assembly thus recommends that the Committee of Ministers: 5.1. urge member States which have not yet ratified the Oviedo Convention to do so without further delay, or, as a minimum, to put in place a national ban on establishing a pregnancy with germline cells or human embryos having undergone intentional genome editing; 5.2. and, in addition, develop a common regulatory and legal framework which is able to balance the potential benefits and risks of these technologies aiming to treat serious diseases, while preventing abuse or adverse effects of genetic technoiogy on human beings; 5.3. foster a broad and informed public debate on the medical potential and possible ethical and human rights consequences of the use of new genetic technologies in human beings; 5.4. instruct the Council of Europe Committee on Bioethics (DH-810) to assess the ethical and legal challenges raised by emerging genome editing technologies, in the light of the principles laid down in the Oviedo Convention and the precautionary principle; 5.5. recommend that member States, on the basis of the public debate, the DH-BIO assessment and the common regulatory and legal framework devised, develop a clear national position on the practical use of new genetic technologies, setting the limits and promoting good practices. Parliamentary Assembly Assemblee parlementaire t~~ ~~~ .e~:Jo;a;msmll!~mmnn.au.a.uaamu.EB.aBB.-mamBmuu.uaamu.mmu.a
Recommendation 2116 (2017)1 Provisional version
Promoting the human rights of and eliminating discrimination against intersex people
Parliamentary Assembly
i. 1. The Parliamentary Assembly refers to its Resolution 2191 (2017) on promoting the human rights of and eliminating discrimination against intersex people, in which it calls on member States to take a number of measures to achieve these goals, inter alia in the field of children's rights and bioethics.
2. The Assembly believes it essential that rapid progress be achieved by member States and that Council of Europe standards be developed further in this field.
3. It therefore invites the Committee of Ministers to: 3.1. bring Resolution 2191 (2017) to the attention of the governments of all member States; 3.2. · instruct the Committee ·on Bioethics to continue its work on strengthening children's rights in biomedicine, in particular as regards the protection of intersex children's right to physical integrity and respect for the principle of free and informed consent, with a view to drawing up Council of Europe standards and guidelines in this field.
' '
''
I I
1. Assembly debate on 12 October 2017 (35th Sitting) (see Doc. 14404, report of the Committee on Equality and Non- Discrimination, rapporteur: MrPiet De Bruyn). Text adopted by the Assembly on 12 October 2017 (35th Sitting). ~lil I I Resolutions 2181 to 2192 I.
~' ! ' '
p '
f I Parliamentary Assembly . Assemblee parlementaire t:...>-,-~ ~~-~ me9im!lfll?m'im'f!'UIH!I.I4!hl~~~~mu_._._._._. .. _.._.__._. .. _.._._._ .... ._._ CONSEIL DE ~EUROPE
Resolutiol) 2181 (2017)1 Provisional version
The activities of the Organisation for Economic Co-operation and Development (OECD) in 2016-2017
Parliamentary Assembly
1. The Parliamentary Assembly of the Council of Europe, enlarged to include the delegations of national i' parliaments of the Organisation for Economic Co-operation and Development (OECD) member States which are not members of the Council of Europe, as well as a delegation of the European Parliament, takes note of the concurring analysis of the OECD and the International Monetary Fund of the current economic environment and projections for 2018. It notes that the recovery in the global economy is continuing, but slowly and slightly faster in the OECD area than in the eurozone. It recognises that the recovery remains r· fragile and that any negative shocks could trigger a new downturn.
2. The enlarged Assembly agrees with the OECD about the need to tackle this low growth and believes that demand mus\ now be stimulated, but more through fiscal policy than through monetary policy. It urges OECD member States to rapidly seize the opportunity of the exceptionally low level of interest rates to revive ~ ' public investment, provided that four conditions are met 2.1. the revival in investment is concerted and well co-ordinated across levels of government; 2.2. it affects sectors that benefit growth directly such as those recommended by the OECD in its report Going for Growth 2017; 2.3. it is budget neutral and therefore does not deepen public deficits; 2.4. it goes hand in hand with the structural reforms recommended in Going for Growth 2017, in particular on the various labour markets. ~ ' 3. Whilst supporting the need for quantitative and dynamic growth, the enlarged Assembly urges member States to adopt a more comprehensive approach to development by fostering quality, sustainable and inclusive growth that brings long-term benefits to society and preserves the planet's resources. It asks the OECD to explore the link between fossil fuel subsidies and renewables in achieving sustainable development, in addition to problems of market abuse.
4. . The enlarged Assembly stresses that multilateralism, provided that it is genuinely inclusive and provides scope for States to take action on an equal footing, is the only means of achieving tangible results in the fight against international tax evasion and avoidance, in particular thanks to a greater tax transparency, against base erosion and profit shifting (BEPS) and against aggressive tax planning.
5. In these respects, the enlarged Assembly congratulates the OECD and the Global Forum on Transparency and Exchange of Information for Tax Purposes (Global Forum) on the results achieved in the area of exchange of information on request (EOIR) following the first round of peer reviews. It calls on:the 5.1. OECD and Council of Europe member States deemed "partially compliant" by their peers to take the necessary corrective measures; I I 1 . Assembly debate on 10 October 2017 (3oth Sitting) (see Doc. 14401, report of the Committee on Political Affairs and I I Democracy, rapporteur: Mr Alfred Heer; and Doc. 14410, opinion of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Mr Geraint Davies). Text adopted by the Assembly on 10 October 2017
~-~· ~~ I I Resolution 2181 (2017)
5.2. the Council of Europe member States which have not yet undergone comprehensive reviews to do so during the second round of reviews from 20"16 to 2020; 5.3. the Council of Europe member States which do not take part in EOIR (namely Bosnia and Herzegovina, Montenegro and Serbia) to join the process.
6. The enlarged Assembly welcomes the use of EOIR as a model for the automatic exchange of financial account information (AEOI) and the use of the latter in some actions of the BEPS Project. It is pleased to note that the Common Reporting Standard, which determines the scope of and arrangements for the operation of AEOI, covers a sufficiently broad range of data to effectively combat international tax evasion and avoidance. It encourages the 101 members of the Global Forum which have undertaken to activate it before the end of 2018 to ensure that they have the systems in place and the necessary human resources for processing the information which their tax administrations will receive. In this reg(lrd, it welcomes the initiative of the OECD's Forum on Tax Administration to pool their financial resources to procure a Common Transmission System (CTS) to facilitate AEOI. It recommends that those Council of Europe member States which have not yet done so accede to t11e Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) drawn up jointly by the OECD and the Council of Europe, which is the legal basis recommended for tl1e introduction of AEOI.
7. With regard to the BEPS Project, the enlarged Assembly reaffirms its commitment to multinational enterprises (MNEs) reporting their profits where economic activities take place and value is created. The concern to avoid the double taxation of MNEs must not result in non-taxation that leads to losses in revenue of $100-$240 billion for governments every year, according to the OECD.
8. The enlarged Assembly welcomes the speed with which the OECD was able to implement the 15 · BEPS actions it had recommended, including the four minimum standards for which the peer reviews have now started. It encourages OECD and Council of Europe member States to sign and ratify as quickly as possible the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting and the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country Reports so as to allow the automatic exchange of the relevant Information from 2018.
9. Drawing on the work of the OECD Parliamentary Group on Tax, the enlarged Assembly calls on the OECD to give in-depth consideration; within the BEPS project, to ways of strengthening efforts to combat aggressive tax planning which ultimately leads to tax avoidance harmful to States. The exercise of fiscal sovereignty must not lead to aggressive·tax planning, and practices of this kind are per se to be condemned.
10. The enlarged Assembly is pleased to note that both the Global Forum and lhe Inclusive Framework on BEPS include more than a do.zen developing countries and that the Global Forum has adapted its technical assistance to the ·latter in connection with EOIR. It proposes to publicise the Global Forum and Inclusive Framework ratings by including updates on them in the biennial report on the activities of the OECD.
11. In addition, the enlarged Assembly also calls on the Parliamentary Assembly of the Council of Europe to give in--depth consideration to the possibility and advisability of increasing the effectiveness of the OECD"s recommendations, for instance by amending the Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) _in order to enable an international tax co-ordinating body to impose sanctions.
12. The enlarged Assembly takes note of the link between the continuing increase in income and wealth inequalities over the past 30 years and the reduction in potential growth. It agrees with the OECD that the reduction in opportunities afforded to poorer households because of increasing inequalities prevents them from investing properly in their human capital. It calls on its members: 12.1. not to focus solely on growth while forgetting how it is distributed, notably by fighting the development of new forms of in-work poverty; 12.2. to take steps to improve human capital that are not confined solely to the 10% of households with the lowest incomes but are aimed at the 40% of households in that position; 12.3. to concentrate on education and skills measures which foster social mobility within societies, in particular: early childcare, policies for families with school-age children, reducing inequality in educational outcomes, lifelong upgrading of skills in an inclusive manner to avoid obsolescence and aligning skills supply with business demands for skills among those leaving the education system, as advocated by the OECD; 12.4. to submit trade agreements, in particular investment chapters, to in-depth scrutiny to ensure that they will make a notable impact on growth with benefits spread across society rather than concentrated Resolution 2181 (2017)
13. The enlarged Assembly invites the OECD to continue its work on the relationship between wealth inequality and growth and on the existence of thresholds or indicators on inequality which would give States an idea of the level of "susiainability" of such inequality in relation to growth. It also calls on the OECD to investigate the impact of trade and investment agreements on inequality. 14. The enlarged Assembly believes that, as regards youth employment, investing in education and skills today will generate future employment and subsequent growth. It calls on its members to combat the increase in the number of young people not in education, employment or training (NEETs) who are economically vulnerable, with a special attention to those who have left the education system early, in accordance with the Group of 20 (G20)'s goal of reducing the share of young people most exposed to the risk of permanent exclusion from the labour market to 15% by 2025.
I.
]'
l'
r .
' l.
I'
I I Parliamentary Assembly Assemblee parlementaire
t~~). ~ di'tlltfrem;;m'i!l!lli>&ll!•!it.I¥!1!BIIl!h ______ll CONSEIL DE LEUROPE
Resolution 2182 (2017)1 Provisional version
Follow-up to Resolution 1903 (2012): promoting and stf'engthening transparency, accountability and integrity of Parliamentary Assembly members
Parliamentary Assembly !.
1. •The Parliamentary Assembly, as a statutory body of the Council of Europe, is responsible for promoting the principles of human rights, democracy and the rule of law that form the basis of the Council of Europe and are the common heritage of member States. Yet the universal nature of the subjects debated does not shield r the Assembly from public or private interests that seek to influence the independent, impartial and objective I exercise of the parliamentary process. The Assembly's reports on the situation in member States, as well as the conclusions of the Assembly's election observation missions, have a direct and obvious impact on the image and reputation of the countries concerned, with political and economic consequences, because they
appraise the level of respect for human rights and democracy and because they are followed closely by ' national authorities, political leaders, the media and various sectors of civil society. Lastly, the Assembly's ~' work on occasionally controversial societal issues, combined with a lack of global rules on lobbying, opens the door to possible undue pressure and opportunities for corruption.
2. The allegations of corruption and fostering of interests recently made against some members or former members of the Assembly have called into question, as never before, the credibility of the Assembly's actions and positions. Given the risk of lasting damage to the Assembly's reputation, an overall strategy has been adopted to guard against risks of corruption and highlight any covert practices.
3. As a first step, an independent external investigation body has been set up by the Assembly to carry out a detailed independent inquiry into the allegations of corruption and fostering of interests made against some members or former members of the Assembly. Its terms of reference were ratified by the Assembly in April 2017 and its composition was approved in June. This body, comprising figures of high moral standing in the legal world, has started its work and is expected to report by the end of 2017.
4. The second step has been to establish a sound and coherent integrity framework within the Assembly with guidance frorn the Group of States against Corruption (GRECO). The Assembly expresses its gratitude to GRECO for the diligence with which it carried out a thorough review of the Assembly's integrity framework and the set of rules and mechanisms governing the conduct of its members. It welcomes the evaluation report on the Assembly's Code of Conduct that GRECO adopted on 19 June 2017 and notes the relevance and quality of its recommendaticms, which have inspired the pmposed changes to the rules.
5. Tile Assembly decides to adopt new rules of conduct and declaratory requirements to prevent corrupting behaviour in the Assembly in the future. It also decides to review current oversight of the principles of behaviour and rules of conduct incumbent on its members, which at present depends solely on the President of the Parliamentary Assembly and which GRECO describes as "excessively discretionary". The Assembly believes that the establishment of a new mechanism will allow impartial examination of alleged
1. Assembly debate on 10 October 2017 (31st Sitting) (see Doc. 14407, report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Mr ian Liddell-Grainger). Text adopted by the Assembly on 10 October~ 2017 (31st Sitting). ., .=Iii I I Resolution 2182 (2017) breaches of ethical rules and principles, including those revealed by outside sources, and fair conduct of, and a faster start to, investigations of these allegations. It further decides to review the list of sanctions applicable in the event of proven breaches of the Assembly's ethical standards.
6, The Assembly also decides, as announced in Resolution 2170 (2017) on promoting integrity in governance to tackle political corruption and as recommended by GRECO, to adopt clear rules on access to, and movement within, Council of Europe premises for third parties during Assembly sessions and meetings, to establish a transparency register and to take effective steps to prevent former members involved in paid consultancy and lobbying from benefiting from specific advantages.
7. Accordingly, the Assembly decides to change oversight of the Code of Conduct for members of the Parliamentary Assembly by replacing the "Observance of the Code of Conduct" section with the following new section: "1. Implementation of this code is the responsibility of the President of the Assembly, the Committee on Rules of Procedure, Immunities and Institutional Affairs and the Assembly, in accordance with the powers and responsibilities granted to them by the Rules of Procedure and this Code of Conduct. 2. If a member is believed to have acted in breach of the Code of Conduct, the President of the Assembly may seek clarification and further information from the member concerned, the chairperson of the member's national delegation, the chairperson of the member's political group or the chairperson of the member's committee. The President of the Assembly may rule on minor breaches of the Code of Conduct if the Committee on Rules of Procedure has not been called upon to consider the same facts. 3. The Committee on Rules of Procedure, Immunities and Institutional Affairs (hereafter "the committee') shall examine alleged breaches of the Code of Conduct by members of the Assembly brought to its attention by the President of the Assembly or by at least 20 members of the Assembly representing at feast five national delegations (using the appropriate investigation request form). It may also sta.i an investigation of its own motion. 4. The committee meets in camera and shall act with due respect for confidentiality: 4.1. if it decides to open an investigation, it shall notify the member concerned and send him or her a copy of the evidence submitted to it in support of the allegations, inform the member of l1is or her rights and request the member's preliminary observations; 4.2. it slwll ttear tho member concerned together with any witnesses; the records of these interviews or heatings shall be confidential; 4.3. it shall give the member concerned, at all stages of the proceedings, the opportunity to comment on all the evidence gathered during the investigation in support of the allegations, including evidence that has led to identification of other rules that may have been violated; it may consider any evidence provided by the member concerned and hear any witness proposed by the member concerned who is able to provide evidence relevant to the investigation; 4.4. before finalising its conclusions, it shall give the member the opportunity to comment on the factual parts of the draft report. 5. Members shall co-operate with the committee at all stages of the investigation. They must disclose any information or documents requested. 6. If the committee finds that the allegations have no basis, it will inform the complainants and the member concerned. 7. If the committee finds that there has been a minor violation of the Code of Conduct, owing to negligence for example, it will inform the member concerned and ask him or her to take the necessary steps. The committee shall decide whether the decision shall be published on the Assembly's website. 8. If the committee finds that there has been a serious breach of the Code of Conduct, it will prepare a report containing all the evidence gathered in the course of the investigation, the observations of the member concerned, and its conclusions. This report will be published on the Assembly's website. The committee shall decide whether to impose a sanction and determine the appropriate sanction, in accordance with Rule .... ["Measures in the event of non-compliance with the Code of Conduct']. 9. If the committee finds that acts or omissions being investigated could constitute a violation of the crimina/law of a member State, it will notify the relevant national authorities. It may decide to suspend the proceedings in the Assembly if it turns out that the national authorities are conducting an Resolution 2182 (2017)
8. The Assembly further decides to strengthen the duty of integrity, accountability and transparency for its members by: 8.1. adding the following sentence at the end of Rule 6.2.b of the Rules of Procedure: "I declare that I have read and understood the Code of Conduct for Members of the Parliamentary Assembly and I undertake to abide by its provisions"; 8.2. in order to prevent active bribery, amending paragraph 11 of the Code of Conduct for Members of the Parliamentary Assembly, by replacing the words "Members shall not request or accept any fee, compensation or reward" with the words "Members shall not promise, give, request or accept any fee, compensation or reward"; 8.3. adding the following sentence at the end of paragraph 14 of the Code of Conduct for Members of the Parliamentary Assembly: "Gift declaration forms submitted by members shall be published on the Assembly's website"; 8.4. adding, after. the "Rules of conduct" section in the Code of Conduct for Members of the Parliamentary Assembly, the following new section headed "Declarations of interests": "Members shall be personally responsible for submitting, at the opening of each session of tl1e Parliamentary Assembly, a declaration of interests by means of the appropriate form. The declaration shall be published on the I Assembly's website", inviting the Committee on Rules of Procedure to determine the content and format l' of declaratory requirements.
9. The Assembly decides to make provisions related to conflicts of interest more consistent by: 9.1. amending Rule 13 of the Assembly's Rules of Procedure "Code of conduct for members of the Assembly"- as follows: "In the exercise of their duties, the members of the Assembly shall undertake to comply with the principles and rules set out in the Code of conduct for members of the Assembly and other ethical regulations, appended to these Rules of Procedure as complementary texts." [Rule 13.2 is deleted]. 9.2. deleting Appendix Ill of the complementary texts on "Transparency and members' declaration of interest"; 9.3. amending paragraph 1.1.1 of the Code of conduct for rapporteurs of the Parliamentary Assembly as follows: "obligation to declare any economic, commercial, financial or other interests, on a professional, personal or family level, connected with the subject of the report [footnote: All t ' candidates for rapporteurship shall declare any interests Which might be com;idered relevant or conflicting with the subject of the report or with the country concerned by the report at the time of appointment in committee. This declaration shall be recorded in the minutes of the meeting]"; 9.4. · amending paragraph 3 of the Code of conduct for rapporteurs of the Parliamentary Assembly as follows: "Penalty for breaching the rules; Should a rapporteur fail to honour one or more undertakings, i' in parti.cular if he or she failed to declare any relevant interests or made an untruthful declaration, the committee shall withdraw his or her mandate and replace him or her"; 9.5. inviting the Bureau of tt1e Assembly to amend the Guidelines on the observation of elections by the Parliamentar; Assembly with a view to harmonising them with the provisions of the Code of Conduct for Members of the Parliamentary Assembly and the Code of Conduct for rapporteurs of the '' Parliamentary Assembly, in particular with regard to declaratory requirements and the oversight and sanction mechanism.
10. Furthermore, the Assembly decides to review its system of sanctions, by harmonising and expanding the list of potential sanctions by: 10.1. adding, after the "Observance of the Code of Conduct" section in the Code of Conduct for members of the Parliamentary Assembly, the following new section on "Measures in the event of none compliance with the Code of Conduct": "In cases of serious or repetitive breaches of the rules of conduct by a given member, the Committee on Rules of Procedure, Immunities and Institutional Affairs may take one or several of the following measures: temporary deprivation of the right to speak and to be enrolled on the
list of speakers; temporary deprivation of the right to sign an amendment, a motion for a f I resolution or recommendation or a written declaration; temporary deprivation of the right to address questions to the Committee of Ministers; temporary deprivation of the right to be appointed rapporteur or temporary ban on acting as a committee rapporteur; temporary ban on ""'"~ "·-"·-""' "' "" "" """ "'""""" """""'"''"" ""~~"'"". '"~""-'"' ''""''' '"""" "' '"" ··~h, I I Resolution 2182 (2017)
to stand as a candidate for President of the Assembly or chairperson or vice-chairperson of a committee or sub-committee; and temporary deprivation of the right of institutional representation of the Assembly and its committees"; 1.0.2. amending accordingly the reference to the Code of Conduct for members in paragraph 3 of the additional provisions relating to conduct of members of the Parliamentary Assembly during Assembly deb<;~tes (Rule 22 of the Hules of Procedure).
11. As regards the introduction of a coherent framework to strengthen transparency in relations with extra institutional actors and prevent any undue influence of public or private interests on the independent, impartial and objective exercise of the parliamentary mandate in the Assembly, the Assembly decides to: 11.1: with regard to the rules on access to and movement within Council of Europe premises during Assembly sessions, instruct the Bureau of the Assembly to revise these rules and the appendices to the rules in question, in order to introduce specitlc identification of lobbyists, together with a system for reporting improper conduct, and, in this connection, consider establishing a register of lobbyists; 11.2. amend the special rules on honorary association with the Parliamentary Assembly by replacing the last sentence of paragraph 1 by the following: "The honorary associate will be given a diploma mentioning this title"; by deleting paragraphs 2.a and 2.b on the prerogatives of honorary associates; and by replacing paragraph 3 by the following paragraph: "When awarded the title of honorary associate, the former member of the Assembly shall sign a sworn declaration stating that he or sl1e is not involved in representing or fostering another person's or entity's interests in the Assembly. The former member shall be stripped of the title if he or she failed to declare any relevant interests or made an untruthful declaration";. 11.3. amend the special rules on the title and prerogatives of Honorary President of the Parliamentary .Assembly by repi 1.1.5. amend the .Code of Conduct for rapporteurs of the Parliamenta~v Assembly by adding a new paragraph 3 as follows: "3. Rules applicable to the publication of sources used in the drafting of the report: The committee can ask the rapporteur, or the rapporteur may decide himself or herself, to publish, in an appendix to the draft. report, the list of individuals, experts and representatives of gqvernmental. or non-governmental organisations· consulted, met or received in the process of drafting the repori". 12. The Assembly decides that the amendments to the Rules of Procedure and complementary texts set out in this resolution shall enter into force upon their adoption. The new provisions on honorary association with the Parliamentary Assembly, as well as on the prerogatives of Honorary President of the Parliamentary Assembly, are applicable as from adoption to all former members of the Assembly who enjoy the status. 13. The Assembly takes note of the GRECO recommendation on guidance, training and awareness-raising for members with regard to the rules of conduct and invites the Committee on Rules of Procedure to foster best practice in fields such as gifts and similar benefits, members' participation in outside events, members' travel at Ure invitation of third parties, etc. 14. Lastly, the Assembly calls on the chairpersons of the political groups to strengthen the integrity frameworks of these groups and in particular to take due account of the GRECO recommendation on review of the political groups' accounting procedures and submission of annual accounts of all political groups to the External Audit. Parliamentary Assembly Assemblee parlementaire t:.>"'>~)// ~~ ~~ &i?fUJi"!lJJmj'j!'jilllJ!lCi'l!I'H!Ili•!lli¥!!ilslJII------CONSEIL DE ~EUROPE Resolution .2183 (2017)1 Provisional version Evaluation of the partnership for democracy in respect of the Parliament of Jordan Parliamentary Assembly 1. On 26 January 2016, the Parliamentary Assembly adopted Resolution 2086 (2016) on the request for partner for democracy status with the Parliamentary Assembly submitted by the Parliament of Jordan, whereby it granted the 'latter partner for democracy status. The Parliament of Jordan thus became the fourth parliament to request and to be granted this status, introduced by the Assembly in 2009 to develop institutional co-operation with the parliaments of the Council of Europe's neighbouring States . .2. Upon making its official request for this status, the Parliament of Jordan declared that it shared the same values as those upheld by the Council of Europe and made a number of political commitments in accordance with Rule 64.2 of the Rules of Procedure of the Assembly. These commitments are set out in paragraph 3 of Resolution 2086 (2016). 3. In addition, the Assembly stated in paragraph 9 of the aforementioned resolution that a number of specific: measures were of key importance for strengthening democracy, the rule of law and respect for human rights and fundamental freedoms in Jordan. It stressed that progress·in moving reforms forward was the prime aim of the partnership for democracy and constituted the benchmark for assessing its efficiency. i' 4. The Assembly deems it important that the Jordanians want to modernise and stabilise their political institutions so as to continue firmly on tl1e path of democratic transformation. It is following with close attention tl1e constitutional, institutional, political and legal reforms which are continuing to be pursued in Jordan, under the impetus of King Abdullah II, in spite of the instability in the region and on the country's borders. 5. As the Assembly has already stressed, the war in Syria has led to an unprecedented influx of refugees into Jordan, a small country which is making considerable efforts to accommodate them in decent conditions. '' The Assembly again warmly congratulates Jordan on its efforts and its exemplary hospitality. It again urges the international community to increase its support for the Jordanian authorities, either directly or through the international organisations operating on the ground, and notes with satisfaction the sum of over €700 million ' ' granted to Jordan by the European Union. 6. In this context, the Assembly: 6.1. welcomes the efforts of the Jordanian Parliament in striving to comply with the political commitments of a partner for democracy despite all the difficulties and obstacles related to the instability in the region; 6.2. considers positively the continuing constitutional, institutional, political and legal reforms and in pa11icular those concerning the judiciary, political parties, decentralisation and education, and urges Jordan to keep up these efforts; i' 1. Assembly debate on 10 October 2017 (31st Sitting) (see Doc. 14399 and Addendum, report of the Committee on Political Affairs and Democracy, rapporteur: Ms Josette Durrieu; and Doc. 14412, opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Andrea Rigoni). Text adopted by the Assembly on 10 October 2017 (3'1 st Sitting). I I Resolution 2183 (2017) 6.3. welcomes the passage of the new electoral law and the holding of early parliamentary elections on 20 September 2016, which it was invited to observe. While it was disappointed by the low turnout, it noted with satisfaction that the elections were free and well organised, even though tribal and financial powers remained influential. At the same time, the representation of women in parliament increased substantially; 6.4. likewise welcomes tile holding of local, municipal and governorate elections on 15 August 2017, according to the new legisl.ation on decentralisation. This electoral process, while still complex, was conducted properly. These elections were free and well organised, although tribal and financial forces remained dominant. The low participation rate is still to be regretted, even if it is pleasing to note that the representation of women, and in particular young women, has made strong progress and confirms the important movement of women into politics. While noting that the powers and responsibilities of the councils are not yet clearly defined and that their revenues derive partly from State grants, the Assembly believes that this commitment to decentralisation is a step forward; 6.5. regrets the fact that Article 6.1 of the Constitution, which is discriminatory towards women, has not been revised; 6.6. welcomes the amendment of the Criminal' Code, in particular the abolition of Article 308, which provided that a rapist shall not be prosecuted if he marries his victim, the revision of Article 98, which reduced the sentence for honour crimes if the crime was "impulsive", but regrets the fact that Article 340 of the Criminal Code, which exempts from punishment men· who kill their wives or female members of their families caught committing adultery and which reduces sentences if there is a presumption of adultery on the part of the victim, h.as not been repealed; 6. 7. acknowledges the efforts made, in particular by women's organisations, to promote the participation of women in political and public life, to fight discrimination based on gender, to ensure effective equality between women and men, and to fight gender-based violence. It calls on the .Jordanian authorities to take resolute action against this scourge, in co .. operation with civil society and more specifically women's organisations; · 6.8. regrets the fact that, while a de facto moratorium on executions was purportedly introduced in 2006, courts continue to hand down death sentences. In December 2014, Jordan hanged 11 men, a month later it executed two prisoners and on 4. March 2017 it executed 15 people. The Assembly strongly condemns all forms of capital punishment. It urges the Jordanian Parliament to intervene with the authorities to stop executiohs and reinstate the moratorium pending the abolition of the death penalty in the Criminal Code, in lin<~ with the expectations indicated by the Assembly upon granting partner for democracy status; 6.9. welcomes the fact that the media in Jordan are in general free and pluralistic, but regrets a degree of pressure from the authorities that leads to self-censorship; 6.1 0. welcomes the efforts made in combating corruption and money laundering. These efforts should be supported and continued. 7. The Assembly recalls its Resolution 2122 (2016) on administrative detention, which stresses the importance of the right to liberty and security and recalls that purely preventive detention of persons suspected of intention to commit a criminal offence is not permissible under Article 5 of the European Convention on Human Rights (ETS No. 5) as interpreted by the European Court of Human Rights. It therefore reiterates its call on the Jordanian Parliament to take steps towards abolition of administrative detention in circumstances such as these that do not comply with the right to liberty and security as protected under the Convention, as well as under the International Covenant on Civil and Political Rights, to which Jordan is a Party. 8. The Assembly calls on the Jordanian Parliament to speed up the implementation of its general commitment to promote the core values of the rule of law and respect for human rigl1ts and fundamental freedoms, while showing determination to address issues in these areas, including those reported by civil society and the media. The Assembly offers, upon request, its assistance to the Jordanian delegation to enable it to make full use of its rights to participate in the work of the Assembly. 9. In granting partner for democracy status to the Jordanian Parliament, the Assembly wanted to foster closer relations and co-operation between Jordan and the Council of Europe. Such relations have not, however, really been established. The expertise of Council of Europe bodies (Assembly, Secretariat, Resolution 2183 (2017) European Commission for Democracy through Law (Venice Commission), Congress of Local and Regional Authorities) is at the disposal of the Jordanian authorities to help with .strengthening human rights, the rule of law and democracy in Jordan. 10. The Assembly strongly regrets that, since being granted partner for democracy status, Jordan has not become party to any Council of Europe conventions or partial agreements, nor has it joined any relevant international instruments relating to human rights as requested by the Assembly. 11. Nevertheless, the Assembly welcomes the Jordanian parliamentary delegation's active participation in the work of the Assembly and its committees, which provides opportunities to keep the Assembly informed about political developments in the country in the direction of the values upheld by the Council of Europe. It encourages the delegation members to keep a watchful eye on and play an active role in the implementation of the process of reforms needed for the establishment of the rule of law and respect for human rights and fundamental freedoms, in line with the commitments entered into under the partnership. 12. Even though the reforms are advancing more slowly than planned, some vital reforms have been carried out, both as regards democracy and the elections scheduled and as regards decentralisation and social affairs (legislation favourable to women). We must therefore support Jordan at this difficult time and continue and expand our support under a progressive and trusting approach leading towards greater democracy and greater rights. Jordan and Europe have everything to gain from this partnership. Jordan is moving in the right direction. 13. In conclusion, the Assembly resolves to continue following very closely the implementation of the reforms in Jordan and to offer the Jordanian Parliament its full assistance. It will make a new assessment of the partnership within two years of the adoption of this resolution. ' ' I ' " j I I I Parliamentary Assembly Assemblee parlementaire t:..>":>~./././ ~ ~ d'nnm~~ai~~·~amu~,.. .- ...... -...... _ Resolution 2184 (2017)1 · Provisional version The functioning of democratic institutions in Azerbaijan Parliamentary Assem):lly ·1. The Parliamentary Assembly welcomes the readiness expressed by the Azerbaijani authorities to ' engage in reform processes in the field of human rights :and the rule of law and the ongoing dialogue with the l. authoritie·s in the framework of the Assembly's monitoring procedure. However, the Assembly insists that this should lead to. concrete results. The· Assembly stands ready to provide support for the reform processes and their implementation in compliance·with European standards. 2. The Assembly reiterates that respect for the principle of the separation of powers is essential and I' emphasises the need to develop the oversight function of the parliament over the executive in Azerbaijan. The I ·Assembly shares tlie view of the European Commission for Democracy through law (Venice Commission) that recent constitutional changes could make the executive less accountable to parliament. 3. The Assembly considers that the justice system in Azerbaijan must be genuinely independent, impartial i and free from interference by the. executive. As recommended. and acknowledged by the Group of States ~ ' against _Corruption (GRECO) and the European Commission for the Efficiency of Justice (CEPEJ), the extensive powers granted to the Judicial-Legal Council in matters related to the appointment, promotion and disciplining of judges are to be welcomed, but there are still concerns regarding the Judicial-Legal Council'.s t' composition and the iact that the executive brandh continues to retain prerogatives for key senior . ! appointments. While noticeable progress has been achieved regarding the appraisal, training and ethi.cs of . prosecutors, the Assembly remains concerned about the presidential oversight of the Prosecutor's Office. The Assembly welcomes the progress in the·procedure for the selection of new judges through which 60'/o of the sitting judges have been selected. 4. The Assembly recalls that judicial independence and impartiality are prerequisites of a criminal justice system that is compliant with Eu-ropean standards. As underscored by the case law of the European Court of Human Rights, the Assembly notes with concern that much more effective measures have to be taken io strengthen judicial independence vis-a-vis the executive and the prose_cutors. Shortcomings highlighted by the case law of the European Court of Human Rights· concerning prosecutors' actions, endorsement by the courts -of the prosecution's requests, ineffective ·investigations, non-respect for the presumption of innocence, and· '' inequality of arms have also not yet been addressed. · 5. ; While welcoming the ongoing reform initiated by the President of the Republic's Executive Order on "improvement of operation of the prison system, humanisation of criminal policies and extension of application of alternative sanctions and non-custodial preventive measures", th·e Assembly Galls on the authorities to rapidly adopt and apply the legislation required for its implementation. The Assembly remains concerned about allegations of excessive use of pretrial detention, which should be the exception rather than the norm, and about the absence of alternative sanctions. Changes in practice will primarily depend on the level of judicial independence and changes in the way law-enforcement bodies work during investigations. I I 1. Assembly debate on 11 October 2017 (32nd Sitting) (see Doc. 14403 and addendum, report of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), co rapporteurs: Mr Stefan Schennach and Mr Cezar Florin Preda). Text adopted by the Assembly on 11 October 2017 (32rid Sitting). I I Resolution 2184(2017)- 6. The Assembly is concerned about the reported problem of arbitrary application of criminal legislation to limit freedom of expression, as highlighted by the Committee of Ministers in the framework of its supervision of the judgments of the European Court of Human Rights. In 2013-201 T, several journalists and bloggers were arrested on criminal charges (drug trafficking or hooliganism). There are groups of so-called "prisoners of Facebook'', young people who go to prison for criticising the policy of the authorities on F'acebook. 7_ The Assembly recalls its Resolution 2178 (2017) on tho implementation of judgments of U1e European Court of Human Rights. It notes that more than 120 judgments of the Court against Azerbaijan have not yet or only partially been implemented. The Assembly notes that little progress has been made with regard to the implementation of certain groups of judgments, in particular concerning ill-treatment, violations of the right to a fair trial, freedom of expressions and freedom of assembly and association. 8. The Assembly is concerned about repressive actions against independent media and advocates of freedom of expression in Azerbarjan. These actions are detrimental to effective media freedom and freedom of expression, undermine the s01fety of journ01!ists 9. While welcoming the measures foreseen by the Presidential Order for the improvement of conditions in detention and the 25% decrease in the number· of pretrial detainees, the Assembly notes that prison overcrowding remains high and that living conditions in some prisons are still inadequate. 10. The Assembly takes note of the internal supervision mechanism of the Ministry of the Interior which has led, over the last five years, to disciplinary measures against 1 647 police officers, of which 156 were dismissed from the service, 139 demoted and 1 351 giveri warnings. The Assembly encourages the authorities to establish a gender balance also among police officers. The Assembly reiterates that an independent, impartial and effective corn~laintB system for allegations of ill-treatment by law-enforcement officials is of fundamental importance for the enhancem~nt of public trust 01nd confidence in the law enforcement bodies and in the Azerbaijani justice system in general. It stresses the need to ensure that there is no impunity for misconduct or ill-treatment. It is of utmost importance that all allegations of torture and ill treatment are promptly and thoroughly investigated. In this context, the. Assembly deplores that to date only four ofthe ten reports on the visits of the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (CPT) to Azerbaijan have been made public and that there are still six unpublished reports, concerning the periodic visits in 201 ·1 and 2016 and ad hoc visits in 2004, 2012, 2013 and 2015. At the same, time, it welcomes the authorities' intention to make public the remaining CPT reports. 11. The Assembly is also concerned about the reported mass arrests of gay and transgender people and allegations of ill treatment by the police and calls for independent, effective investigations to be conducted into the actions of the police; the Assembly takes note of the release of these persons in the meantime. 12. The Assembly welcomes the law on "Ethics Code of Members of National Parliament" to prevent corruption, which envisages measures on mandatory disclosure of conflicts of interests by MPs. However, the Assembly notes with great concern, reports linking the Azerbaijani Government to a large-scale money laundering scheme occurring in the years of 2012 until2014, used inter alia to influence the work of members of the Assembly as regards the human rights situation in Azerbaijan. The Assembly urges the Azerbaijani authorities to start an independent and impartial inquiry into these allegations without delay and, furthermore, co-operate fully with competent international authorities and bodies on this issue. 13. The legislative environment for the operation of non-governmental, non .. commercial organisations, including the regulation of matters relating to their State registration, funding and reporting requirements has been restrictive and has been found not to be compliant with European standards by a number of Council of Europe bodies. The recent limited regulatory changes regarding grants do not fully address the legal barriers to the effective functioning and funding of non-governmental organisations (NGOs). Based on existing legislation and practice, a number of local and international human rights NGOs have been prevented from operating, put under pressure and sometimes investigated. Some of the arrests, detentions and convictions of Azerbaijani human rights defenders appear to be the result of shortcomings in the NGO legislation and how it is implemented. In the light of the above, the Assembly welcomes the Presidential Order on "Establishment of a single-window system for procedure of delivery of grants by foreign donors in the territory of the Republic of Azerbaijan" and calls on the authorities to continue to review the law on non-governmental organisations with ~ viP\11./ tn ~rlrin:::~~~inn thP rnnr.,:;::t.rnc::. fnrmlll:::~t!:::.rl h\/ thP. F11rnnp.::m r.nmmic:.c:::.inn fnr OP.mnr:r:::.r:\1 thrrH•nh I :::1\AI Resolution 2184 (2017) (Venice Commission) and creating a better environment for NGOs to carry out their legitimate activities, including those expressing critical opinions. The Assembly welcomes the establishment of the Open Government Partnership Dialogue Platform in co-operation with the international community to strengthen co operation, communication and partnership among State bodies and civil society organisations and contribute to further expansion of the Open Government Partnership principles and values in Azerbaijan. The Assembly calls on the authorities to invite all civil society organisations, NGOs and political parties to contribute to this platform. Recalling that NGOs enrich democratic processes, the Assembly calls on the authorities to facilitate and encourage their work. Open Government Partnership declared Azerbaijan's membership inactive for the second time in May 2016 over the government's treatment of civil society, urging Azerbaijan to address fundamental legislative and practical obstacles to the work of civil society organisations. 14. The Assembly is concerned about allegations of a restrictive climate for the activities of the extra parliamentary opposition and limitations imposed on freedom of assembly. The legislation and practice governing public assemblies, which lacks foreseeability and precision, leads to public assemblies allegedly being banned, including the arbitrary arrest and detention of protesters, which has a negative effect on the exercise of the right to freedom of assembly. 15. While welcoming the release- sometimes through presidential pardon or judicial decisions-- in 2016 and 2017 of some so-called "political prisoners"/"prisoners of conscience", including the latest releases of i Mehmali Aliyev and Faiq Amirli, as well as the conditional release of 14 persons convicted in the so-called I. Nardaran case, which it considers a positive first step, the Assembly remains concerned about the reported prosecution and ongoing detention of NGO leaders, human rights defenders, political activists, journalists, bloggers and lawyers, based on alleged charges in relation to their work. The Assembly expresses its concern that new arrests following releases would diminish the positive signals given by the releases. · 16. . Taking all these concerns and developments into account, the Assembly calls on the Azerbaijani authorities to: 16.1. put an end to systemic repression of human rights defenders, the media and those critical of the government, including politically motivated prosecutions; allow for effective judicial review of such attempts; and ensure. that the overall climate can become conducive to political pluralism ahead of the l' forthcoming elections in October 2018; 16.2. promptly ensure full implementation of the decisions of the European Court of Human Rights and co-operate more closely with the Committee of Ministers and the Department for the Execution of r , Judgments of the European Court of Human Rights. In this context, the Assembly takes note that the Committee of Ministers instructed the Secretariat to prepare a draft interim resolution· giving formal notice to Azerbaijan, as provided for under Article 46.4 of the European Convention on Human Rights I (ETS No. S), of the Committee's intention to bring before the Court the question whether Azerbaijan has failed to fulfil its obligations under Article 46.1 for consideration at their 1298th meeting (25 October 2017), should no tangible progress be made in ensuring llgar Mammadov's release; 16.3. review the cases· of the so-called "political prisoners"/"prisoners of conscience" detained on criminal charges following trials whose conformity with human rights standards has been called into question by the European Court of Human Rights, civil society and the international community, and use all possible means to release those prisoners whose detention gives rise to justified doubts and I' legitimate concerns, in particular but not exclusively, llgar Mammadov, llkin Rustamzade, Mehman Huseynov, Afgan Mukhtarli, Said Dadashbayli, Fuad Gahramanli and Aziz Orujov; '16.4. with regard to checks and balances, reinforce the application of the principle of the separation of powers, and in particular strengthen parliamentary control over the executive; 16.5. with regard to the judiciary: 16.5:1. pursue the reforms of the judiciary and the prosecution service so as to ensure full independence of the judiciary, especially from the executive, in order to restore public confidence in the justice system; 16.52. take the necessary measures to resolve the problems revealed by the judgments of the European Court of Human Rights as regards the independence, impartiality and fairness of criminal procedures; l. 16.5.3. refrain from any unjustified application of criminal law to limit freedom of expression; I' ' Resolution 2184 (2017) 16.5.4. ensure that pretrial detention is .only imposed as a measure of last resort and in line with the Council of Europe standards regarding necessity and proportionality, and favour the Bpplication of less intrusive measures; 16.5.5. ensure als.o "that no pressure is exerted on lawyers defending NGO representatives, political activists, human rights defenders and journalists; 16.5.6. set up a juvenile justice system; 16.6. with regard to media freedom and freedom of expression: "16.6."1. create conditions enabling journalists to carry out their work freely and ensure that no pressure is exerted on them and, in particular, drop all criminal charges against Mehman Aliyev and those measures which also have an impact on the functioning of the Turan news agency; 16.6.2. ensure a genuinely independent and impartial review by the judiciary of cases involving journalists, fight against repression of independent journalists and ensure that there is no more prosecution of independent journalists and bloggers on allegedly trumped-up charges; 16.6.3. continue to step up efforts towards the decriminalisation of defamation, in co-operation with the Venice Commission, and in the meantime remove heavy criminal sanctions, such as custodial sentences for defamation, from the Criminal Code; 16.7. with regard to freedom of association and political freedom: 16. 7.1. further amend the legal framework on the functioning and financing of civil society . organisations in order to bring it into full compliance with Council of Europe standards, including by repealing restrictive laws, unfreezing bank accounts of NGOs and their leaders, and allowing access to independent funding: 16.7.2. ensure that no pressure or repression is exerted on civil society organisations and their rnemt,ers and create an environment conducive to NGO activities, removing travel bans affecting NGO leaders, journalists and political activists, including human rights lawyer lntigam Aliyev and investigative journ;llist.Khadija lsmayilova; 16.7.3. change the domestic legislation arid practice on public assemblies to comply with the requirements of Article 11 of the European Convention on Human Rights and investigate the· excMsive use of force by il1e police against peaceful protesters; 16.8. with regard to conditions of detention and allegations of totture and ill-treatment by law- . enforcement officials: 16.8.1. guarantee the publication of all the unpublished CPT reports, and implement the recommendations contained in those reports; 16.8.2. ensure effective investigation into all reported cases of alleged violations with a view to bringing the perpetrators to justice, and take steps to establish an independent, transparent and effective complaints system for allegations of ill-treatment by law-enforcement officials. Parliamentary Assembly Assemblee parlementaire t~~ ~~~-~ rdi'Ul'm/E'tl-i"il'iiUh&;••:Mui~~~~maBE.aBE ...... CONSEIL DE !.:EUROPE Resolution 2185 (2017)1 Provisional version Azerbaijan's Chairmanship of the Council of Europe: what follow-up on respect for human rights? Parliamentary Assembly 1. The Parliamentary Assembly has already adopted several resolutions on the situation in Azerbaijan since ihe Azerbaijani Chairmanship of the Committee of Ministers of the Council of Europe, which took place between May and November 2014, in particular Resolution 2062 (2015) on the functioning of democratic institutions in Azerbaijan, in which it assessed how those institutions operated and expressed its concerns regarding the lack of independence of the judiciary, the violations of the right to freedom of expression and I association and the reprisals against independent media, human rights defenders, journalists and other ' persons expressing criticism of the authorities. It points out that developments in this· country are under constant examination by its Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee). 2. The Assembly also refers to its Resolution 2096 (2016) "How can inappropriate restrictions on NGO activities in Europe be prevented?" and Resolution 2095 (2016) "Strengthening the protection and role of human rights defenders in Council of Europe member States". 3. The Assembly regrets that the 2014 Azerbaijani Chairmanship coincided with an unprecedented crackdown on human rights in Azerbaijan where dozens of individuals, including human rights defenders and other activists who had co-operated with the Council of Europe and the Assembly, were arrested and then given prison sentences. The Assembly welcomes the fact that in the course of 2016 ·most of them were released; however, some of these releases continue to be subject to conditions. The Assembly remains concerned about the reported prosecution and detention of leaders of non-governmental organisations, I human rights defenders, political activists, journalists, bloggers and lawyers, allegedly in retaliation for their I ' work. 4. The Assembly notes that the number of persons currently in detention, allegedly. for having voiced criticism of the authorities, varies considerably depending on the sources. It encourages the competent authorities to review the individual cases to release human rights defenders, journalists, civic and political '' activists who were imprisoned on politically motivated grounds. The authorities should also consider, where appropriate, the use of non-custodial sentences or alternative measures to pretrial detention. 5. The Assembly is concerned about the increasing number of reports of violations of fundamental human rights and freedoms, such as those guaranteed by the European Convention on Human Rights (ETS No. 5, "the Convention") in Azerbaijan. It is particularly worried by the cases established by the European Court of Human Rights ("the Court") of torture and inhuman or degrading treatment during arrest, in police custody and in prisons, and the lack of effective investigations in this regard (violations of Article 3 on the substantial and procedural aspects), violations of the right to a fair trial (violations of Article 6), especially in criminal cases, and violations of the right to freedom of expression, association and assembly (violations of Articles 10 and 11 ). l. 1. Assembly debate on11 October 2017 (32nd Sitting) (see Doc. 14397, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Alain Destexhe). Text adopted by the Assembly on 11 October 2017 (32nd Sitting). t I Resolution 2185 (2017) 6. The Assembly reiterates that the prohibition of torture and inhuman or degrading treatment guaranteed by Article 3 of the Convention is a non-derogable right and it strongly condemns any violation of this right. It calls on the authorities to: 6.1, C 7. The Assembly insists that the judicial system in Azerbaijan must be independent and impartial as in all Qgyncil of J;yrop€l member States. It reiterates that an independent judicial system is a precondition for a criminal justice system which complies with European standards. The Assembly is concerned about allegations of a systematic lack of independence of the judiciary vis-a-vis the executive and the arbitrary application of criminal law. II is concerned about allegations of the excessive use of pretrial detention by judges at the request of prosecutors, without a detailed examination of the grounds which could justify such detention, and the problems in properly ensuring the rights of the defence. It notes that the Azerbaijani authorities have announced the start of reforms to their judicial system following the relevant recommendations of the Council of Europe, in particular those of the Group of States against Corruption (GRECO) and the European Commission for the Efficiency of Justice (CEPEJ). Nevertheless, it finds that the concerns over the functioning of justice expressed in its Resolution 2062 (2015) remain valid. Furthermore, the constitutional amendments approved following the referendum of 26 September 2016 entail the risk of increasing the power of the executive in relation to the legislative and judiciary. 8. The Assembly calls on the Azerbaijani authorities to guarantee the full independence of judges lfis-a-vis the executive and to begin real and ll'leaningful reforms to establish a judicial system which complies with the requirements of Article 6 of the European Convention on Human Rights and the other standards of the Council of Europe. 9. The Assembly notes with great concern reports linking the Azerbaijani Government to a large-scale money laundering scheme occurring in the years 2012 to 2014, used inter alia to influence the work of members of the Assembly as regards the human rights situation in Azerbaijan. The Assembly urges the Azerbaijani authorities to start an independent and impartial inquiry into these allegations without delay and furthermore, co-operate fully with the competent international authorities and bodies on this issue. 10. The Assembly welcomes the Presidential Executive Order of 10 February 2017 on improving the functioning of the prison system, the humanisation of criminal policies and the extension of alternative sanctions and non-custodial preventive measures. However, it calls on the authorities to enact and apply rapidly the necessary legislation for it to be put into effect. It encourages the Azerbaijani authorities to ensure that it is applied in compliance with the standards of the Council of Europe. II also calls on Azerbaijan to create a separate juvenile justice system. 11. The Assembly stresses the fact that the exercise of fundamental freedoms of expression, assembly and association, guaranteed in Articles 10 and 11 of the European Convention on Human Rights, is essential for the proper functioning of a democratic society. The Assembly is extremely concerned about numerous allegations relating both to a restrictive climate for extra-parliamentary activities of the opposition and the limitations on the freedoms of expression, assembly and association, in particular with regard to independent media and advocates of freedom of expression. These systematic restrictions and limitations do not meet the criteria of legality, proportionality and necessity in a democratic society. It is very concerned about the reported problems concerning the use of criminal legislation to limit freedom of expression, as underlined by the Committee of Ministers in the context of its supervision of the application of the judgments of the European Court of Human Rights. The legislative framework for NGO activities does not comply with European standards, as staled by the bodies of the Council of Europe. Accordingly, the Assembly calls on the Azerbaijani authorities to: 11. 1. ensure that activists, human rights defenders and other individuals are able to peacefully exercise these rights without fear of retribution. 11 .2. remove the obstacles to the work of journalists and human rights defenders; 11 .3. create an environment conducive to the work of the independent media and the activities of Resolution 2'185 (2017) 11.4. bring the legislation on defamation and NGOs into line with the requirements arising from the judgments of the European Court of Human Rights and the recommendations of the European Commission for Democracy through Law (Venice Commission); 11.5. ensure that fair trial guarantees and due process rights are respected and upheld in all cases; 11.6. abrogate any other legislative measure which could restrict the exercise of the freedoms guaranteed in Articles 10 and 11 of the Convention; 11. 7. apply the relevant legislation in compliance with the requirements arising from the Convention and the case law of the Court. 12. The Assembly calls on the government to eliminate obstacles to the activities of NGOs and to step up meaningful dialogue with civil society. 13. Given that this is a region currently experiencing considerable tension, the Assembly welcomes the secular nature of the State and its climate of religious tolerance, for example in relation to the Jewish community which, according to its representatives, lives in harmony with the rest of the population. 14. The Assembly is aware that Azerbaijan, like most countries in the Council of Europe, is faced with the ! problem of foreign fighters in Syria and Iraq, and it supports the government's efforts to combat this phenomenon, urging .it to do so with full regard for the principles of the rule of law. The Assembly shares the I. authorities' concern to combat the financing of terrorism. 15. The Assembly refers to its Resolution 2178 (2017) on the implementation of ju(Jgments of the European Court of Human Rights. It notes that more than 120 Court judgments against Azerbaijan have not yet been executed or have been only partially implemented. The Assembly notes that little progress has been made regarding the execution of certain judgments or groups of judgments, in particular regarding ill-treatment, r' violations of the right to a fair trial, the right to freedom of expression and freedom of assembly and association, and the right to free elections. It calls on the authorities to co-operate fully with the Committee of Ministers and the Department for the Execution of Judgments of the European Court of Human Rights and to I take all the necessary measures to implement quickly and fully the judgments of the Court, including the L' payment of just satisfaction to applicants within the time frames set out in the Court's judgments. · 16: · The Assembly refers to the Court's judgment of 22 May 2014 concerning Mr llgar Mammadov and the repeated calls of the Committee of Ministers for his release. The Assembly urges the Azerbaijani authorities to execute the judgment and release Mr Mammadov immediately. '17. The Assembly encourages the Azerbaijani authorities to step up the measures to raise the awareness of the ·standards of t~1e European Convention on Human Rigl1ts among judges, prosecutors, law-enforcement officers and lawyers. ' ' I , Parliamentary Assembly Assemblee parlementaire t~'~)) ~ -~~~ r'f'»mlff£R1':!ii;;'JJ>AOU!¥H!ii·~~~~rna .. .-.- ...... CONSEIL DE !.:EUROPE Resolution 2186 (2017)1 Provisional version Call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe Parliamentary Assembly j, 1. The Parliamentary Assembly is concerned that, at present, momentous political challenges, both within and outside Europe's borders, are threatening the continent and its unity: the daily risk of terrorist attacks, the rise of Euroscepticism, nationalism, populism and xenophobia, the persistence of frozen and open conflicts, the annexation or occupation· of a neighbour's territories, the prolongation of state of emergency measures and the re-emergence of divisions. Wars at the doors of Europe threaten the security of the continent and have caused massive refugee and migratory flows. 2. The efficiency and authority of the unique human rights protection system, based .on the European Convention .oh Human Rights (ETS No. 5), are threatened by various attempts to undermine the authority of the European Court of Human Rights, by the lack of political. will on the part of certain States Parties to ,, implement its judgments, despite their legally binding force, or by delays in their implementation. ·3. Recent ·developments within the European- Union, including ongoing infringement and rule of law procedures against some of 1ts member States, the lack of solidarity in the handling of the refugee and migratory crisis, as well as the decision by the United Kingdom to leave the European Union, also present .: ' .challenges for the Council of Europe, as it offers a unique forum of co-operation between European States which are members of the European Union and those which are not. 4. ·Against this background, the Assembly believes that the Council of Europe and the values it upholds are today more necessary than ever: at the origin of the European construction, bringing together almost all the European States on the basis of common values and principles and thus natural guardian of "unity within 'diversity", offering a common legal space to 835 million Europeans, guaranteeing protection of their human rights, promoting social rights and democracy and contributing to the development of a European civil society, the Council of Europe is today best placed to help meet the challenges raised by growing nationalism and avoid the building of new walls. 5. Alongside the European Union, whose far-reaching integration project will never cover the whole continent, and the Organization for Security and Co-operation in Europe (OSCE), which also covers non European States, the Council of Europe, composed of 47 European States, remains the only pan-European organisation capable of promoting and guaranteeing democratic security throughout the continent. 6. In order to preserve and further strengthen this unique pan-European project, currently threatened by divisions and a weakening of member States' commitment, the Assembly calls for a Fourth Summit of Heads of State and Government of Council of Europe member States. 7. In a Europe which has profoundly changed since the last Summit, held in Warsaw in 2005, and at a time when the whole world seems to be changing, a Summit will offer member States a unique opportunity to reaffirm, in the strongest possible terms and at the highest political level, their commitment to the ideal of European unity and the values and principles of democracy, human rights and the rule of law upheld by the I I 1. Assembly debate on 11 October 2017 (33rd Sitting) (see Doc. 14396, report of the Committee on Political Affairs and Democracy, rapporteur: Mr Michele Nicoletti). Text adopted by the Assembly on 11 October 2017 (33rd Sitting). See also 'Recommendation 2113 (2017). f I Resolution 2186 (2017) Council of Europe. Member States should clearly express their willingness to continue to be part of a single community, sharing common values, a common legal order and a common jurisdiction, and capable of capitalising on internal differences. 8. The Fourth Summit should be well-focused and could, inter alia, offer political impetus to; 8.1. enhance the efficiency and authority of the human rights protection system, based on the European Convention on Human Rights, reverse current tendencies undermining the authority of the European Court of Human Rights and improve the record of implementation of its judgments by member States; 8.2. strengthen the treaty system of the Europ!7an Social Charter, including its collective complaint system and its monitoring machinery (in particular regarding the election of the members of the European Committee of Social Rights by the Assembly), reaffirming the fact that only the enjoyment of socio-economic rights and social inclusion allow people to fully enjoy their political and civil rights; 8.3. encourage member States to adopt effective measures against growing poverty and modern slavery thus reassuring European citizens that the European institutions are not indifferent to their problems and the concrete conditions of their everyday life; 8.4. recognise the valuable contribution of the Council of Europe Commissioner for Human Rights to the development of sustainable human rights-centred policies at national and local level throughout the continent, as well as the role played by the Organisation's standard-setting and monitoring bodies; 8.5. enhance the Council of Europe's mission both as guardian and innovator of democracy, including by strengthening the role of the Parliamentary Assembly as a strong pillar of European parliamentarism, bringing together representatives of the citizens from almost all European States, and consolidating the role of the European Commission for Democracy through Law (Venice Commission) as a constitutional law expert body promoting democracy within and outside Europe's borders. 9. The Summit should also aim at consolidating citizens' trust in democratic institutions and democratic values and propose ways to increase citizens' participation and consultation with civil society in search of common solutions to common problems. It could thus bring the Or·ganisation closer to the people it serves and contribute to the emergence of a European civil society. '10. At a time when the European Union is facing numerous challenges and is also reflecting on the future of Europe, the Surrimit 1.vould offer a fresh and timely opportunity to define, at tile highest political ievel, the role to be played by the Council of Europe in the ovmall European political architecture. In a Europe of concentric circles, the Heads of State and Government from 1he 47 member States of the Council of Europe, representing the widest circle, should ensure coherence of standards between the Council of Europe and the European Union, avoid overlapping and best harmonise the various levels of their co-operation, in the foremost interest of European citizens. For this purpose, the Assembly asks the Heads of State and Government of Council of Europe member States to discuss again the 2006 report "A sole ambition for Europe" and to decide a specific timetable to implement the proposals contained therein in order to remove any overlap between the Council of Europe and the European Union. 11. The Assembly notes that an efficient preparation of the Summit requires the development of synergies between all sectors of the Organisation, co-ordinated by its Secretary General, and more significantly between its two statutory organs. Although the primary responsibility lies with the Committee of Ministers, the Assembly, enhanced by recent reforms, should expect to play an important role in the preparation of the Summit, especially as it has been promoting this idea for several years. 12. In this respect, there is currently an inconsistency in the composition of the two statutory organs: following the illegal annexation of Crimea by the Russian Federation and the application, on these grounds, by the Assembly of sanctions to the Russian parliamentary delegation, for three consecutive years one of the Council of Europe member States, the Russian Federation, has participated in the activities and been represented in the bodies of only one of the two statutory organs of the Organisation, namely the Committee of Ministers, but not of the Assembly. The Assembly regrets that, as a reaction to this situation, the Russian Federation announced, on 30 June 2017, its decision to suspend payment of its contribution to tile budget of the Council of Europe for 2017 until full and unconditional restoration of the credentials of the delegation of its Federal Assembly in the Parliamentary Assembly of the Council of Europe. 13. The Assembly considers that the overall situation in the Organisation is today counterproductive, particularly as it adversely affects its overall impact as a guardian of human rights and democracy throughout the continent. and therefore it is not in the interest of the citizens of the 4 7 member States. Resolution 2186 (2017) 14. The Assembly notes that the Statute of the Council of Europe (ETS No. 1), as supplemented by Statutory Resolution (51) 30, provides for synergy between the two statutory organs as regards membership of the Organisation. 15. However, over the years, and in particular after the Organisation's enlargement during the 90s, the Assembly has developed rules governing the participation and representation rights of members of national delegations in its own activities and bodies which do not provide for any kind of synergy or coherence with the Committee of Ministers. 16. Therefore the Assembly, as part of the preparatory work for the Summit, resolves to initiate a procedure aimed at harmonising, jointly with the Committee of Ministers, the rules governing participation and representation of member States in both statutory organs, while fully respecting the latters' autonomy. This coherence should strengthen the sense of being part of a community and the obligations incumbent upon every member State. 17. This common reflection could be carried out jointly by the Assembly and the Committee of Ministers within an ad hoc working group set up by the Joint Committee. For this process to be credible and fruitful, the Whole Assembly and every single member State should do their utmost to ensure that all member States of the Organisation will be fully represented in the process on both the parliamentary and intergovernmental I sides in strict compliance with their respective obligations and resolutions. !. 18. In the meantime, and as part of the preparatory work for the Summit, the Assembly resolves to continue its own reflection on its identity, role and mission as a statutory organ of the Council of Europe and a pan European forum-for inter-parliamentary dialogue which aims at having an impact in all Council of Europe member States. This reflection would also enable the Assembly to provide its own vision of the future of the t' Organisation. ! t' i I " 0 I I I lLL?- Parliamentary Assembly ~~~ Assemblee parlementaire ~-,-:n)~ ~~ diimm~l!!-mi·iiEO~itll!hlll·'li!#Jii!u ______BIIIII CONS ElL DE ~EUROPE Resolution 2187 (2017)1 Provisional version Venice Commission's "Rule of Law Checklist" Parliamentary Assembly 1. The Parliamentary Assembly congratulates the European Commission for Democracy through Law (Venice Commission), which for almost 30 years now has been doing remarkable work in the fields of constitutional law, the functioning of democratic institutions, fundamental rights, electoral law and constitutional justice, and has played a decisive role in the adoption and implementation of constitutions true to Europe's constitutional heritage, The-Assembly works in close· co-operation with the Venice Commission, regularly consulting it for opinions, the quality and authority of which make a major contribution to the Assembly's work. 2. Tl1e Assembly reiterates its steadfast commitment to the three founding principles of the Council of Europe: the rule of law, democracy and human rights. In its Resolution 1594 (2007) on the principle of the Rule of Law, it invited the Venice Commission to reflect in depth on the concepts of "rule of law" and "preeminence du droif'. The Assembly welcomes the practical follow-up given to that initiative by the Venice Commission, which found- beyond the question of a formal definition -that there was a consensus as to the core elements covered by the terms Rule of Law, Rechtsstaat and Etat de droit, namely: legality, legal certainty, the prohibition of arbitrariness, access to justice, respect for human rights, non-discrimination and equality before the law. 3. The Assembly welcomes the Rule of Law Checklist, wl1ich helps to introduce a new, uniform benchmark for measuring compliance with one of the founding principles of the Council of Europe. The Assembly is pleased that the Committee of Ministers and the Congress of Local and Regional Authorities of the Council of Europe have already endorsed it. The Rule of Law Checklist is based largely on the standards developed by the Council of Europe, making them accessible and functional, enabling respect for the rule of law to be measured in a detailed, objective, transparent and fair manner. " 4. It is a most relevant and valuable monitoring and prevention instrument with which to identify and analyse situations of concern. Regular and systematic use of the Rule of Law Checklist makes it possible to analyse the situation in different countries in a uniform, objective manner. Indeed, applying it to certain " member States, the Assembly notes that there are serious threats to the rule of law even in Council of Europe member States. Where the findings of an analysis using the Rule of Law Checklist give rise to concerns, it should trigger a firm reaction on the part of all those involved in promoting and strengthening the principles of the rule of law. 5. Indeed, the Assembly views the Venice Commission's Rule of Law Checklist as a practical tool not only for the Council of Europe but also for other national and international stakeholders, be they national or local State institutions, other international organisations or civil society. 6. The Assembly decides to: 6.1. endorse the Venice Commission's Rule of Law Checklist; ,, 1. Assembly debate on 11 October 2017 (33rd Sitting) (see Doc. 14387, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Philippe Mahoux). Text adopted by the Assembly on 11 October 2017 (33rd Sitting). ~....,.,r.;1 I I Resolution 2187 (2017) 6.2. use it systematically in its work, particularly in the preparation of reports of the Committee on Legal Affairs and Human Rights and the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), in order to accurately identify any structural and systemic problems in the Council of Europe's member States; 6.3. invite ihe national parliaments and government bodies, including the relevant ministries, when assessing the need for and the content of legislative reform, to refer systematically to the Rule of Law Checklist; 6.4. invite international and regional organisations, including the Council of Europe as a whole and the European Union, to refer regularly to the Rule of Law Checklist in their relevant work. In this connection, the Assembly congratulates the Secretary General of the Council of Europe on having taken the Rule of Law Checklist into account in his 2017 annual report on the situation of democracy, human rights and the rule of law in Europe, and urges him to do so systematically in all his future annual reports; 6.5. encourage civil society to use the Rule of Law Checklist to objectively assess respect for the rule of law. 7. The Assembly also calls on all the member and observer States of the Venice Commission to play an active part in its work and co-operate with it in defending and promoting the rule of Jaw in a spirit of constructive dialogue, especially when the Venice Commission examines issues that concern them directly. Parliamentary Assembly Assemblee parlementaire t~~ ~&F~~~~~mmRmBBBB.. BBBBBMBBBBBBBBU.U.._._ ...... Resolution 2188 (2017)1 Provisional version New threats to the rule of law in Council of Europe member States: selected examples Parliamentary Assembly 1. The Parliamentary Assembly recalls its previous resolutions on upholding the rule of law in the member States of the Council of Europe, in particular Resolutions 1594 (2007) on the principle of the rule of law, Resoiution 1685 (2009) on aflegations of politically motivated abuses of the criminal justice system in Council of Europe member States, Resolution 2040 (2015) "Threats to the rule of law in Council of Europe member States: asserting the Parliamentary Assembly's authority", Resolution 1703 (2010) and Recommendation r ! 1896 (201 0) on judicial corruption, Resolution 1943 (2013) and Recommendation 2019 (2013) on corruption as a threat to the rule· of law and Resolution 2098 (2016) and Recommendation 2087 (2016) "Judicial Corruption: urgent need to implement the Assembly's proposals". 2. The Assembly notes with concern serious problems related to the rule of law in many member States of the Council of Europe. In i,ts Resolution 2040 (2015), it regretted that a number of its recommendations concerning the safeguarding and strengthening of the rule of law had still not been implemented by certain member States. ·· 3. The Assembly is also deeply concerned about cases in certain member States in which national judiciaries are used to silence political opponents and to repress those who disagree with government policies. 4. Fully aware of the diversity of the legal systems and cultures of the member States, the Assembly recalls that respect for the rule of law is one of the core values of the Organisation and is closely interlinked with democracy and respect for human rights. Article 6 of the European Convention on Human Rights (ETS I , No. 5) enshrines one of its main components: the principle of independence and impartiality of the judiciary. Furthermore; the Council of Europe is the main international organisation to have developed legal and political documents in this field; through the work of its statutory bodies and specialised instances, such as the European Commission for Democracy through Law (Venice Commission), the Group of States against Corruption (GRECO), the European Commission for the Efficiency of Justice (CEPEJ), the Consultative '' Council of European Judges (CCJE) and the Consultative Council of European Prosecutors (CCPE). 5. The Assembly calls again on all Council of Europe member States to fully implement the principle of the rule of law, in line with the above-mentioned instruments of the Council of Europe and to continue to co operate with its relevant bodies and instances. 6. The Assembly has thoroughly examined the situation in five member States: Bulgaria, the Republic of Moldova, Poland, Romania and Turkey. Although the list of problems found in those States does not include all of those to be found in Council of Europe member States, the Assembly is concerned about some recent developments which put at risk respect for the rule of law, and, in particular, the independence of the judiciary and the principle of the separation of powers. This is mainly due to tendencies to limit the independence of the judiciary made though attempts to politicise the judicial councils and the courts (mainly in Bulgaria, Poland and Turkey), massive revocation of judges and prosecutors (Turkey) or attempts to do so (Poland) and tendencies I' 1 . Assembly debate on 11 October 2017 (33rd Sitting) (see Doc. 14405, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Bernd Fabritius). Text adopted by tile Assembly on 11 October 2017 (33rd Sitting). I I Resolution 2188 (2017) to limit the legislative power of the parliament (the Republic of Moldova, Romania and Turkey). Moreover, corruption, which is a major challenge to the rule of law, remains a widespread phenomenon in Bulgaria, the Republic of Moldova and Romania. 7. The. Assembly therefore calls on the 8ulgari1Jn 11uthori~es to: 7.1. continue the reform of the Supreme Judicial Council, the judiciary and the prosecution service in line with Council of Europe recommendations; 72. strengthen efforts to combat corruption and, in particular, establish an anti-corruption agency. 8. · Tl1e ASsembly c11lls on the authorities of the Republic of Moldova to: 8.1. continue, the reform of the Superior Council of Magistracy, the judiciary and the prosecution service in line with the recommendations of Council of Europe bodies; 8.2. c.onsiderably strengthen its efforts to cornb 9. The Assembly calls on the Polish authorities to: 9:1. refrain from conducting any reform which would put at risk respect for the rule of law, and in particular the independence of the judiciary, and, in this context, to refrain from amending the Act on the National Council of the Judiciary in a way that would modify the procedure for appointing judge members of the Council and would establish political control over the appointment process of judge members; 9.2. ensure that the justice reform which is now under way will be compliant with Council of Europe standards on the rule of law, democracy and human rights and, in U1is context, to refrain from implementing any legal provisions that would terminate t11e term ot office of judge members of the National Council of Judiciary in Poland or of the First President of the Supreme Court; 9.3. fully co-operate with the Venice Commission and implement its recomrnendations, especially those with respect to the composition and the functioning of the Constitutional Court. 10. The Assembly asl 11. The Assembly calls on the Romanian authorities to: 11.1. support an appropriate public debate on the constitutional criteria for lifting parliamentary immunity and adopt clear criteria for this, respecting the recommendations of the Venice Commission; 11.2. revise as soon as possible the criminal legislation by implementing the decisions of the Constitutional Court that declared unconstitutional an important number of articles of the Criminal Code and the Criminal Procedure Code focusing on the fight against corruption and the abuse of authority, by implementing the recommendations of the Venice Commission and GRECO; 1'1.:3. ensure that the separation of powers is respected by the government and the judiciary as regards the competences of the parliament, refraining especially from abusive law-making by emergency ordinances; 11.4. support, politically and financially, the remarkable work of the National Anti-Corruption Directorate, respecting the legal framework and the need for an effective fight against corruption and the abuse of authority; 11.5. ensure respect for the essential role and the authority of the Constitutional Court and the National Anti-Corruption Directorate (DNA) throughout political parties. 12. Recalling its Resolution 2156 (2017) on the functioning of democratic institutions in Turkey, the Assembly reiterates its deepest concern about the scope of measures taken under the state of emergency and the amendments to the Constitution adopted by the Grand National Assembly on 21 January 2017 and approved in the national referendum of 16 April 2017. It therefore calls on the Turkish authorities to: 12.1. lift the state of emergency as soon as possible; Resolution 2188 (2017) 12.2. reconsider the constitutional amendments approved in the referendum of 16 April 2017, in line with Opinion No. 875/2017 of the Venice Commission, so that there will again be a functioning separation of powers, especially with respect to the parliament and the Constitutional Court; 12.3. make sure that all emergency decree laws passed by the government under the state of emergency are approved by the parliament and that their constitutionality can be verified by the Constitutional Court; 12.4. put an immediate end to the collective dismissal of judges and prosecutors, as well as other civil servants, through decree laws and ensure that those who have already been dismissed will have their cases reviewed by a "tribunal" fulfilling the requirements of Article 6 of the European Convention on Human Rights. "13. The Assembly recalls its Resolution 2178 (2017) on the implementation of judgments of the European Court of Human Rights and calls on all member States of the Council of Europe to fully implement the Court's judgments and give political priority to those which reveal a strong need to carry out comprehensive reforms of the judicial system. The Assembly regards with great disappointment the fact that some member States are discussing and introducing legal instruments to avoid implementing rulings of the European Court of Human Rights. I 14. The Assembly calls on all member States to promote a legal and political culture conducive to the !. implementation of the rule of law, in conformity with the underlying principles of all Council of Europe standards. t· I I I I Parliamentary Assembly Assemblee parlementaire t:..>'>)~ ~~~ di'lffilJI~!U'JWo@!d·~mru~~m.BBBBBBBBem.a.-.- ...... Resolution 2189 (2017)1 Provisional version The new Ukrainian law on education: a major impediment to the teaching of national minorities' mother tongues Parliamentary Assembly 1. The Parliamentary Assembly is concerned about the articles relating to education in minority languages of the new Education Act adopted on 5 September 2017 by the Ukrainian Verkhovna Rada (Ukrainian Parliament) and signed on 27 September 2017 by the Ukrainian President, Petro Poroshenko. 2. Various neighbouring countries claimed that this act infringes the rights of persons belonging to national r· minorities and raises sensitive legal issues also under the Ukrainian legal order. The Assembly deplores the fact that there was no real consultation with representatives of national minorities in Ukraine on the new version of Article 7 of the Act adopted by the Supreme Rada. The Assembly notes that the Ukrainian authorities have submitted the text of tl1e Education Act to the European Commission for Democracy through Law (Venice Commission) for an opinion, which shall be delivered by the end of 2017; however, the Assembly expresses dissatisfaction that this step was not taken before the adoption of the Education Act. In addition, the ~ ' Assembly is aware U1at in March 2017 the Advisory Committee on the Framework Convention for the Protection of National Minorities adopted its opinion on Ukraine (4th cycle) which should become public at the beginning of 2018 and that a report on Ukraine submitted by the Committee of Experts of the European Charter for Regional or Minority Languages (ETS No. 148) is being considered by the Committee of Ministers. 3. The Assembly takes note of serious concerns expressed on a number of legal issues. It believes that it is important to fulfil the commitments based on the European Convention on Human Rights (ETS No. 5), the Framework Convention for the Protection of National Minorities (ETS No. 157, "Framework Convention"), and the European Charter for Regional or Minority Languages, and to help re-establish a constructive dialogue between the different parties concerned. In this respect, for the Assembly, three interconnected principles must guide the stakeholders towards more consensual arrangements. 4. The first one is that knowledge of the official language of a State is a factor of social cohesion and integration and it is legitimate for States to promote the learning of the official language and to ask that the State language be a language of education for all. .' 5. The second one is that, as stated by the Advisory Committee on the Framework Convention: "Language is an essential component of individual and collective identity. For many persons belonging to national minorities, language is one of the main factors of their minority identity and identification." Thus, where States take measures to promote the official language, these must go hand in hand with measures to protect and promote the languages of national minorities. If this is not done, the result will be assimilation, not integration. 6. The third one is the principle of non-discrimination. This principle not only applies to the recognition and effective protection of the rights of persons belonging to national minorities, as enshrined in the Framework Convention, and of the specific rights enshrined in the European Charter for Regional or Minority Languages, but also to "the enjoyment of any right set forth by law" according to Article 1 of Protocol No. 12 to the European Convention on Human Rights (ETS No. 177). 1. Assembly debate on 12 October 2017 (34th Sitting) (see Doc. 14415, report of the Committee on Culture, Science, Education and Media, rapporteur: Mr Andres Herkel). Text adopted by the Assembly on 12 October 2017 (34th Sitting). ~r.J I I Resolution 2189 (2017) 7. For the Assembly, these three principles are essential elements of a wider concept of utmost importance, which in fact underpins the entire Framework Convention: the concept of "living together". 8. Based on the above-mentioned principles and the encompassing concept of "living together", the new legislation doe.s not appear to strike ar appropriate balance between the offici<~IIO!ngl!gge E!nc! t)le langl!ages of national minorities. 9. In particular, the new law entails a heavy reduction in the rights previously recognised to "national minorities" concerning their own language of education. These national minorities, who were previously entitled to have monolingual schools and fully fledged curricula in their own language, now find themselves in a situation where education in their own languages can be provided (along with education in Ukrainian) only until the end of primary education. For the Assembly, this is not conducive to "living together". 10. In planning the implementation of the reform, flexibility should be ensured to avoid hasty changes prejudicing the quality of education provided to pupils and students belonging to national minorities. 11. In this respect, a three-year transitional period may prove to ba too short. Therefore, the Assembly urges the Ukrainian authorities to also introduce flexibility regarding the length of the process and allow for arrangements tailored to the concrete circumstances of the communities concerned and the situation in different areas. 12. The Assembly is aware that Ukrainian-speaking minorities in neighbouring countries are not entitled to monolingual education in their own languages and do not benefit from arrangements whicll seek to promote bilingual education. Therefore, the Assembly recommends that lha authorities of neighbouring countries, which legitimately call for the protection of tbeir minorities, show readiness to offer to the Ukrainian communities resident in their respective countries similar arrangements to those that they claim for their own minorities. 13. The Assembly recommends that Ukraine examines best practices in Council of Europe member States in the field of teaching official languages, with special learning methods designed for schools using regional or minority languages as the language of education. 14. The Assembly decides to follow the developments in Ukraine with regard to the protection and promotion of regional and minority languages. ·15. The Assembly asks the Ukrainian authorities to fully implement th''' forthcoming recommendations and conclusions of the Venice Commission and to modify the new Education Act accordingly. l.L/;?-- Parliamentary Assembly tffL~ Assemblee parlementaire ~....,~ ~~ rt'Siiii!Ptemmli!.m·runl!1MK!•m·tliiOMmmllllllllllllllllllll•lllll•lllllllllllllllllllllllllllllllllllllllllll_lllll __ Resolution 2190 (2017)1 Provisional version . Prosecuting and p_unishing the crimes against humanity or even possible genocide committed by Daesh Parliamentary Assembly 1. The Parliamentary Assembly recalls its Resolution 2091 (2016) on foreign fighters in Syria and Iraq. It reiterates its position that "individuals who act in the name of ... Daesh ... have perpetrated acts of genocide and other serious crimes punishable under international law. States should act on the presumption that Daesh .. commits genocide", along with its calls ()n its member and observer States to "fulfil their positive obligations. under the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide [1948 Genocide Convention] by taking all necessary measures to prevent genocide". r· I 2. Numerous national parliaments, including.Council of Europe member States such as Austria, France, Lithuania and the United Kingdom, as well as those of Australia Canada and the United States of America, have also condemned Daesh's actions a& genocide, as have the European Parliament, the United States and I . Canadian governments and Pope Francis. These politicC!I positions reflect the expert assessments of .' authoritative international mechanisms including the Uriited Nations Independent International Commission of Inquiry on the Syrian Anilb Republic, t11e United Nations High Commissioner for Human Rights and the United Nations Special Rapporteur on Minority Issues. r. 3. Th~fe is .conclusive· evidence· th~t Daesh has committed against members of the Yazidi, Cl1ristian and non-Sunni Muslim minorities genocidal acis· including mass and individual killing, and serious bodily or mental l1arm, by way of torture, beatings and inhuman and degrading treatment and, in the case of the Yazidi and i Christian groups, rape and sexual slavery and abuse. Furthermore, there is conclusive evidence that Daesh has: 3.1. subjected Yazidis to forced labour, including military service, and terrorist indoctrination including training children as suicide bombers, amounting to serious bodily and mental harm; deliberately inflicted conditions oflife calculated to bring about the Yazidi group's physical destruction, in part, by way of subjection to sie1Je and to insanitary living conditions and inadequate nutrition without access to medical care; irnposea measures intended to prevent births, by separating Yazidi women and men; and ''' forcibly transferred children of the group to another group, with subsequent forced conversion and indoctrination of those children; 3.2. deployed members of Christian minorities as "human shields", causing serious bodily or mental harm, and separated Christian children from their mothers, forcibly transferring them to another group. 4. These acts were committed by Daesh with intent to destroy, in whole or in part, the Yazidi, Christian and non-Suimi minority groups. In particular, Daesh made numerous declarations of doctrine and policy encompassing the destruction of Yazidi, Christian and non-Sunni Muslim minorities as groups and of intent to commit specific genocidal acts against them, before and during commission of these acts. These included descriptions of. the Yazidi as "devil-worshipping pagans" and references to Christians as "slaves of the cross" whose women and sons would be enslaved. Daesh atrocities against all three groups were systematic and J I 1. Assembly debate on 12 October 2017 (34th Sitting) (see Doc. 14402, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Pieter Omtzigt; and Doc. 14418, opinion of the Committee on Political Affairs and Democracy, rapporteur: Ms Thorhildur Sunna . ~~n~. r~ I I Resolution 2190 (2017) entirely consistent with these declarations. Daesh's systematic destruction of Yazidi, Christian and non-Sunni Muslim places of worship is further evidence of its genocidal intent in committing the above-mentioned acts. Its theft of homes and property of Yazidis, Christians and non-Sunni Muslims also indicates a genocidal intent to disperse and weaken the cohesion of these groups, with a view to their destruction. 5. Neither Syria nor Iraq is Party to the International Criminal Court (ICC), whose material jurisdiction includes the crime of genocide, as well as other crimes under international law. The United Nations Security Council has been prevented by the vetoes of two of its permanent members from referring the situation in Syria to t11e ICC, and the ICC Prosecutor has declined to open an investigation in relation to offences that may have been committed by nationals of a State Party to the Rome Statute of the ICC. There is thus at present no international judicial mechanism actually capable of trying Daesh. In this connection, the Assembly recalls that the primary responsibility for the investigation and prosecution of crimes covered by the Rome Statute rests with national authorities, especially those of the States where those crimes have taken place. 6. On the basis of the foregoing, the. Assembly calls on Council of Europe member and observer Sl9tes and States whose parliaments enjoy observer or partner for democracy status with the Parliamentary Assembly, where applicable, to: 6.1. formally recognise that Daesh has committed genocide, notably against the Yazidi people, Christian minorities and non-Sunni Muslim minorities; 6.2. take prompt and effective action in accordance with their obligation under the 1948 Genocide Convention to prevent and punish acts of genocide, as well as their general responsibility to act against crimes under international law, including by: 6.2.1. providing for universal jurisdiction over crimes covered by the Rome Statute of the ICC, where this is not already the case, and, following the example set by Sweden and Germany, investigating and, where justified, prosecuting any suspected Daesh members who come witl">in their jurisdiction or control; 6.2.2. prosecuting all offences committed within their jurisdiction relating to Daesh activities abroad, and in this connection, ratifying and fully implr>menting tile 2005 Council of Europe Convention on the Prevention of Terrorism (GETS No. 196) and its 2015 Additional Protocol (GETS No. 217); 6.2.3. not prioriiising, systematically and exclusively, with regard to the members of Daesh, the application of national anti-terrorist legislation, to the detriment of their universal jurisdic:tion when examining cases involving the crimes described in the Rome StatutG of the ICC; 6.2.4. implementing the recommendations set out in Assembly Resolution 2091 (2016) on foreign fighters in Syria and Iraq, in particular not granting refugee status to fighters who may have committed acts of genocide and/or other serious crimes prohibited under international law and who seek international protection on returning to Europe, in accordance with the exclusion clauses provided for in Article 1 F ofthe United Nations Convention of 28 July 1951 on the S\atus of Refugees; 6.2.5. contributing to the collection and preservation of evidence of Daesh's crimes, including by making voluntary contributions to the budget of the United Nations "International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011", in order that it may become fully operational without further delay; 6.2.6. supporting the Secretary-General of the United Nations in setting up the Investigative Team described in Resolution 2379 (2017) of the United Nations Security Council to support the Iraqi justice system in gathering evidence of war crimes, crimes against humanity and genocide committed by Daesh in Iraq; 6.2. 7. insisting that the United Nations ordinary budget should, as soon as possible, contribute to the funding of the Mechanism and of the Investigative Team; 6.2.8. not obstructing any possible future United Nations Security Council resolution that may contribute to the prosecution of Daesh members before an international, hybrid or national tribunal. 7. The Assembly calls on the Iraqi authorities to contribute to and co-operate with the work of the Investigative Team. It calls on the international community to provide the necessary resources for the Resolution 2190 (2017) establishing a special judicial mechanism for trying crimes committed by Daesh in Iraq, which could be based on existing international or hybrid models, or a system based in the Iraqi national courts with assistance from international experts as advisers rather than judges. 8. The Assembly also calls on: 8.1. Syria and Iraq to ratify the Rome Statute of the ICC; 8.2. the Independent International Commission of Inquiry on the Syrian Arab Republic to proceed with its report on genocide committed by Daesh against religious minorities other than the Yazidis; 8.3. the ICC Prosecutor to reconsider, in the light of subsequent submissions by concerned parties, her decision not to open a preliminary inquiry into crimes committed by Daesh. ; .' ' ~ ' '' I I I I Parliamentary Assembly Assemblee parlementaire t~~ ~~~ rFP~AB•@ni~~~ ...... CONSEIL DE LEUROPE Resolution 2191 (2017)1 Provisional version Promoting tt1e human rights of and eliminating discrimination . against intersex people Parliamentary Assembly 1. Intersex people are born with biological sex characteristics that do not fit societal norms or medical definitions of wh.at makes a per~;on male or female. Sometimes a person's intersex status is detected at birth; sometimes it only becomes ;lpparent later in life, notably during pul;>erty. Despite the wide variety of situations concerned, the majority of intersex people are physically healthy. Only a few suffer from medical conditions that put tfiei( health at risk. Yet the situation of intersex people has for a long time been treated as an essentially medical issue. The pi·evailirig medical view has been that intersex children's bodies can and should be made to conform to either a male or a female paradigm, often through surgical and/or hormonal intervention; that this should be done as early as pos.si.ble; and that the children should then be raised in the gender corresponding to the sex assigned to their body. i 2. The Parliamentary Assembly considers that this approach involves serious breaches of physical ~ ' integrity, in many cases concerning very young children or infants who are unable to give consent and whose gender identity is unknown. This is done despite the fact that there is no evidence to support the long-term success of such treatments, no immediate danger to health and no genuine therapeutic purpose for the treatment, which is intended to avoid or minimise (perceived)' social problems rather than· medical ones. It is often followed by lifelong hormonal treatments and medical complications, compounded by shame and secrecy. 3. Parents are often under pressure to make urgent, life-changing decisions on behalf of their child, without having a full and genuine understanding of the long-term consequences for their children of the decisions made about their bodies during their infancy and early childhood. .' 4. Understanding of these issues is gradually increasing, but concerted efforts are still needed to raise public awareness as to the situation and rights of intersex people so as to ensure that they are fully accepted in society, without stigmatisation or discrimination. ' ' 5. The Assembly emphasises that it is crucial to ensure that the law does not create or perpetuate barriers to equality for intersex people. This includes ensuring that intersex people who do not identify as male or female have access to legal recognition of their gender identity, and that where their gender has not been correctly recorded at birth, the procedure for rectifying this is simple and based on self-identification only, as set out in Assembly Resolution2048 (2015) on discrimination against transgender people in Europe, Anti discrimination laws may also need to be amended to ensure that the situation of intersex people is effectively covered. 6. The Assembly considers that the above may raise important issues under a number of provisions of the European Convention on Human Rights (ETS No. 5), notably its Articles 3 and 8. 0 I 1. Assembly debate on 12 October 2017 (35th Sitting) (see Doc. 14404, report of the Committee on Equality and Non- Discrimination, rapporteur: Mr Pie! DeBruyn). Text adopted by the Assembly on 12 October 2017 (35th Sitting). See also Recommendation 2116 (2017). I I Resolution 2191 (2017) 7. In the light of the above, and bearing in mind the provisions of the Convention for the Protection of Human Rigl1ts and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (ETS No. 164, "Oviedo Convention") and the relevant recommendations made in its Resolution 1952 (2013) on children's right to physical integrity, as well as those 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: 7.1. with regard to effectively protecting children's right to physical integrity and bodily autonomy and to empowering intersex people as regards these rights: 7.1.1. prohibit medically unnecessary sex-"normalising" surgery, sterilisation and other treatments practised on intersex children without their informed consent; 7.1.2. ensure that, except in cases where the life of the child is at immediate risk, any treatment that seeks to alter the sex characteristics of the child, including their gonads, genitals or internal sex organs, is deferred until such time as the child is able to participate in the decision, based on the right to self-determination and on the principle of free and informed consent; 7.1.3. provide all intersex people with health care offered by a specialised, multidisciplinary team taking a holistic and patient-centred approach and comprising not only medical professionals but also other relevant professionals such as psychologists, social workers and ethicists, and based on guidelines developed by intersex organisations and the professionals concerned; 7.1.4. ensure that intersex people have effective .access to health care throughout their lives; 7.1.5. ensure that intersex people have full access to their medical records; 7.1.6. provide comprehensive and up-to-date training on these matters to all medical, psychological and other professionals concerned, including conveying a clear message that intersex bodi•Js are the result of natural variations in sex development <~nd do not as such need to be modified: 7.2. with a view to assisting intersex people, their parents and the people around them in dealing with the challenges posed inter alia by social attitudes towards variations in sex characteristics: "1.2.1. ensure that adequate psychosocial support mechanisms are available for intersex people and their families throughout their lives; 7.2.2. support civil society organisations working to break the silence around the situation of intersex people and to create an environment in which intersex people feel safe to speak openly about their experiences; 7.3. with regard to civil status and legal gender recognition: 7.3.1. ensure that laws and practices governing the registration of births, in particular as regards the recording of a newborn's sex, duly respect the right to private life by allowing sufficient flexibility to deal with the situation of intersex children without forcing parents or medical professionals to reveal a child's intersex status unnecessarily; 7.3.2. simplify legal gender recognition procedures in line with the recommendations adopted by the Assembly in Resolution 2048 (2015) and ensure in particular that these procedures are quick, transparent and accessible to all and based on self-determination; 7.3.3. ensure, wherever gender classifications are in use by public authorities, that a range of options are available for all people, including those intersex people who do not identify as either male or female; 7.3.4. consider making the registration of sex on birth certificates and other identity documents optional for everyone; 7.3.5. ensure that, in accordance with the right to respect for private life, intersex people are not prevented from entering into a civil partnership or marriage or from remaining in such a partnership or marriage as a result of the legal recognition of their gender; 7.4. with regard to combating discrimination against intersex people, ensure that anti-discrimination legislation effectively applies to and protects intersex people, either by inserting sex characteristics as a specific Prohibited around in all anti-discrimination leaislation. and/or bv raisina awareness amonast Resolution 2191 (2017) lawyers, police, prosecutors, judges and all other relevant professionals as well as intersex people of the possibility of dealing with discrimination against them under the prohibited ground of sex, or as an "other" (unspecified) ground where the list of prohibited grounds in relevant national anti-discrimination provisions is noncexhaustive; 7.5. collect more data and carry out further research into the situation and rights of intersex people, including into the long-term impact of sex-"normalising" surgery, sterilisation and other treatments practised on intersex people without their free and informed consent, and in this context: 7.5.1. · conduct an inquiry into the harm caused by past invasive and/or irreversible sex " normalising" treatments practised on individuals without their consent and consider granting compensation, possibly through a specific fund, to individuals having suffered as a result of such treatment carried out on them; 7.5.2. in order to build a complete picture of current practice, keep a record of all interventions carried out on children's sex characteristics; 7.6.. .carry ouLcampaigns to raise awareness among the professionals concerned as well as among the general public as regards the situation and rights of intersex people. 8. Finally, the Assembly invites national parliaments to work actively, with the participation of intersex people and their representative organisations, to raise public awareness about the situation of intersex people in their country and to give effect to the recommendations made above. ~ ' ' .' I' I , I I Parliamentary Assembly Assemblee parlementaire t~~M -·=-----~~~ ~~n&•~:m•·•-~gm~~MmBEBBBERBBEBEBERB&m .. aBmg.aa. .. amma&m&m.aaeB CONSEIL DE lEUROPE Resolution 2192 (2017)1 Provisional version Youth against corruption Parliamentary Assembly 1. Many young people have the desire and capacity to transform the world and have the potential to positively affect future anti-corruption efforts. As the new generation of politicians, entrepreneurs and civil society actors, they have an important role to play in bringing a new culture of integrity to all levels of society; but they are also the most vulnerable. They should therefore be taught how to effectively detect, prevent and fight corruption. 2. To this end, it is very important to devise appropriate empowerment strategies to raise young people's I' i awareness and understanding of corruption and the way it undermines democratic societies, and at the same time empower them to stand up against corruption. 3. Education is undoubtedly central to preventing corruption. It should begin from the earliest age - at kindergarten and elementary school levels - and continue throughout the whole curriculum. It should also i include professional training of supervisors and other education staff in ethical questions in the process of life L long learning. 4. In order for young people to become and remain engaged in anti-corruption initiatives, they need to feel included as stakeholders in policy development and implementation of anti-corruption strategies, and take ~' ownership of the actions they are involved in. The more young people take the lead, the more chance policies ' have of succeeding. Youth initiatives become even more slructured when integrated into larger campaigns on anti-corruption. 5. Young people are more likely to be creative in their approach to problem-solving. Anti-corruption efforts may be more innovative, forward-thinking and make better use of modern technologies. 6. Young people do not function as a homogeneous group; they have different perspectives, motivations and ways of thinking. Projects and.support provided should be tailored to this diversity. 7. Young people who stand up to oppose corruption and fraud need proper protection. There is a clear need to set up adequate legal and administrative frameworks in all member States to ensure the protection of ' ' whistle-blowers. 8. In the light of the above, the Parliamentary Assembly invites the governments and parliaments of Council of Europe member and observer States as well as the States whose parliaments enjoy observer or - partner for democracy status with-the Assembly: ------8.1. as regards antkorruption policy making and improving the capacity of young people to unveil and oppose corruption, to: 8.1.1. involve relevant youth organisations and/or representatives in framing and implementing anti-corruption policies pertaining to the field where youth are active, in particular politics, education, sports and media; I I 1. Assembly debate on 13 October 2017 (36th Sitting) (see Doc. 14395, report of the Committee on Culture, Science, E~~- """ "'""· '""''"ru' M• aruoom """"''· '"" """""'""" "'"""" oo " """'"" '"" 1- '""~•~• ! I Resolution 2192 (2017) 8.1.2. uphold youth organisations' initiatives and actions in the fight against corruption, in particular through targeted support for selected youth projects; 8.1.3. set up national networks where young people can share their experiences and knowledge about corruption, disseminate good practices and devise proposals for future action; 8.2. as regards anti-corruption education and the fight against corruption in education: 8.2.1. introduce integrity studies, from the earliest age, in the national school and university curricula, including both aspects of personal values and ethical behaviour and a human rights based approach; 8.2.2. engage in a strategy to ftght education fraud, with the help of the Council of Europe, by supporting the work of the Council of Europe Pan-European Platform on Ethics, Transparency and Integrity in Education (ETINED) and its network of specialists; 8.2.3. foster the approach that quality education will only be achieved, and rcorruption effectively addressed, if all relevant sectors of society commit fully to fundamental positive ethical principles for public and professional life, rather than relying only on top-down mechanistic regulatory measures; 8.2.4. involve young anti-corruption militants in developing strategies against corruption and unethical behaviour within education systems through participation in the drafting of ethical charts and codes of conduct for school and university staff and students, and/or in the design of integrity or transparency indexes encouraging educational institutions to be more transparent with regard to their budget and internal procedures such as staff promotions and exams; 8.2.5. develop anti-corruption educational materials aimed at students and teachers at various levels, in co-operation with anti-corruption State bodies and non-governmental organisations; 8.3. as regards the protection of whistle-blowers: 8.3.1. introduce appropriate legislation or bring national legislation into line with Committee of Ministers Recommendation CM/Rec(2014)7 on the protection of whistleblowers and the Assembly's Resolution 2060 (2015) "Improving the protection of whistle-blowers" and Resolution 2171 (2017) "Parliamentary scrutiny over corruption: parliamentary co-operation with investigative media"; 8.3.2. support the work of NGOs engaged in providing legal advice, training and support in reporting and denouncing incidents of corruption; 8.3.3. consider setting up a support fund to help whistle-blowers cope with the direct and indirect consequences of their revelations; 8.4. as regards civil society organisations and youth associations: 8.4.1. support initiatives and encourage the participation of young ~eople in activities such as summer schools and youth integrity camps and training programmes; 8.4.2. support the creation of e-platforms where all citizens can access information on how to combat corruption and share knowledge of good practices; 8.5. as regards legislation and public policy in general: introduce as law in Council of Europe member States where this has not already been done, the principle of public access to all official, non secret. documents kept by a State or other public authority, and public access to court proceedings and political meelings, on the grounds that it has proven to be an efficient means of exposing corruption and related crimes, and thereby also instilling confidence in society among the younger generation; 8.6. as regards public officials: consider introducing an anti-corruption training and certification system for people engaged in public service, including local and regional autf10rities, to be developed in co-operation with universities, independent anti-corruption institutions, relevant civil society organisations and anti-corruption monitoring centres. 9. The Assembly invites the Secretary General of the Council of Europe to consider the feasibility of establishing a platform for integrity under the auspices of the Council of Europe, involving the Joint Council on Youth as appropriate. It also encourages the inclusion of anti-corruption and integrity issues in the programmes of the Council of Europe Schools of Political Studies and in the projects supported by the F1 Jrnm)::;n Y f'IIJth l=nlmrl::~,tinn Resolution 2192 (2017) 10. The Assembly further encourages the European Commission to support, via the Erasmus+ programme, initiatives for setting up anti-corruption studies at graduate, post-graduate and life-long learning level within the national education systems, and to support national and international youth associations and projects on anti corruption projects, notably by creating anti-corruption platforms. i. I t ' 'I ' -- i I I r I Parliamentary Assembly c Assemblee parlementaire t~~ ~==-: r&YHilli!ff~tl~--lil!t¥ ______* CONSEIL DE !..:EUROPE BUREAU OF THE ASSEMBLY AS/Bur/CB (2017) 11 16 October 2017 To the Members of the Assembly Synopsis of the meeting held in Strasbourg on 13 October 2017 The Bureau of the Assembly, meeting on Friday 13 October 2017 in Strasbourg, with Ms Stella Kyriakides, President of the Assembly, in the Chair, as regards: Fourth part-session of 2017 (Strasbourg, 9-13 October 2017): approved the follow-up proposals made by the Secretary General of the Assembly to the current affairs debate as well as to texts adopted by the Assembly, as set out in Appendix 1; Joint Committee (Strasbourg, 12 October 2017): agreed on the follow-up to be given to the meeting, namely: ,, i. as regards the calendar for the election of the Secretary General of the Council of Europe: agreed that the current calendar should be shortened and instructed the Secretary General of the Assembly to draft a memorandum proposing changes to the Regulations, to be considered at its next meeting; ii. as regards the follow-up to be given to Resolution 2186 (2017) on Call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe: decided to discuss the matter further and asked the President of the Assembly to liaise with the Chairman of the Committee of Ministers to this end; Meetings of the Bureau and Standing Committee in Copenhagen (23-24 November 2017): took .' note of the draft programme, the practical information for the meetings as well as the draft agenda of the Standing Committee; First part-session of 2018 (Strasbourg, 22-26 January 2018): drew up the preliminary draft agenda; ' ' Communication by the Secretary General and the Deputy Secretary General of the Council of Europe: took note of the communication; References anjj tr<~nsmlssions tg J:Ornmitie!'!J;: i. considered and approved the references and transmissions as presented in Appendix 2, subject to ratification by the Assembly through the addendum to the Progress report; ii. and instructed the Secretary General of the Assembly to draft a memorandum on the procedure applied by the Assembly when considering motions for resolutions and recommendations and its possible improvement, to be considered at its next meeting; .' ~ il ~7R75 sjtas~pllfg ceqex I [email protected] I Tel: t 33 3 $41 :lb)!d I ~ax: y33 31!)341 ?77~ I I AS/Bur/CB (2017) 11 World Forum for Democracy (Strasbourg, 8-10 November 2017): took note of the programme and approved the final composition of the ad hoc committee of the Bureau to participate in the Forum as set out tn Apperrdix 3; Issues raised by committees: i. Committee on Equality and Non-Discrimination: took note of the letter by the Chairperson of the Committee on the follow-up to be given to the current affairs debate on European values under threat: addressing rising xenophobia, antisemitism and islamophobia in Europe; ii. Committee on Rules of Procedure, Immunities and Institutional Affairs: took note of the letter by the Chairperson of the Committee and decided to ask the Committee to draft a report on Guidelines on the seope of the parliamentary immunities enjoyed by members of the. Parliamentary Assembly, subject to ratification by the Assembly through the addendum to the Progress report; iii. Committee on Political Affairs and Democracy: took note of the letter by the Chairperson of the Committee and authorised Mr Andrea Rigoni (Italy, ALOE) to take part in meetings of the Working group on death penalty, in the Minsk region (Belarus), from 22 to 26 November 2017; Composition of the Monitoring Committee, the Committee on Rules of Procedure, Immunities and the Committee on the Election of Judges to the European Court of Human Rights: i. Monitoring Committee: on the basis of proposasl by the SOC Group, appointed Ms Thorhildur Sunna ~varsd6ttir (Iceland) et Ms Marietta Karamanli (France) to fill two vacant seats; ii. Committee on Rules of Procedure, Immunities and Institutional Affairs: appointed Mr Adrien Taquet (France) for the vacant seat reserved for members not belonging to any political group; iii. Committee on the Election of Judges to the European Court of Human Rights: on the basis of a proposal by the SOC Group, the Bureau appointed Ms Marietta Karamanli (France); on the basis of proposals by the GUE Group, the Bureau appointed Mr Georgios Psychogios (Greece) and Mr Tiny Kox (Nether lands) ; 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; took note of the situation related to the seats in respect of Bosnia and Herzegovina and Spain which would remain vacant as from 19 December 2017; and drew up the lists of candidates in respect of Malta, Turkey and the United Kingdom, to be transmitted to the Committee of Ministers; Meetings elsewhere than Strasbourg and Paris: authorised: i. the sub-committee on the Rights of Minorities of the Committee on Equality and Non-Discrimination to meet in Bucharest on 21 November 2017; ii. the sub-committee on external relations of the Committee on Political Affairs and Democracy to meet in Geneva, Switzerland, on 27-28 November 2017; Other business: i. Non-execution of the judgment in the case of "//gar Mammadov v. Azerbaijan": approved a statement as set out in Appendix 4 calling for opening the procedure foreseen under Article 46.6 of the European Convention on Human Rights as a result of the continuous non-execution by Azerbaijan of the judgment of the European Court of Human Rights in the case of //gar Mammadov; ii. Immediate Past President: decided to ask the Committee on Rules of Procedure, Immunities and Institutional Affairs whether Rule 20.3 of the Assembly's Rules of Procedure could be applied to the past Acting President; 2 AS/Bur/CB (2017) 11 Date and place of next meeting: Thursday, 23 November 2017, Copenhagen, 2.30 pm Friday, 15 December 2017, Paris, 9 am Sonia Sirtori, Angela Garabagiu Copy to: Secretary General of the Parliamentary Assembly Director General, Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe t' ,,I ; ' " i ' 3 I I AS/Bur/CB (2017) 11 Appendix 1 Proposals for follow-up to the current affairs debate as well as to texts adopted during the fourth part-session of 2017 (Strasbourg, 9-13 October 2017) Current affairs debate on The need for a political solution to the crisis in Catalonia Follow-up: to refer the matter to the Monitoring Committee for information Resolution 2182 (2017) on Follow-up to Resolution 1903 (2012): promoting and strengthening transparency, accountability and integrity of Parliamentary Assembly members (Rapporteur of the Committee on Rules of Procedure, Immunities and Institutional Affairs: Mr ian Liddell-Grainger, United Kingdom, EC) "8. The Assembly further decides to strengthen the duty of integrity, accountability and transparency for its members by: [ ... ] 8.3. adding the following sentence at the end of paragraph 14 of the Code of Conduct for Members of the Parliamentary Assembly: "Gift declaration forms submitted by members shall be published on the Assembly's website"; 8.4. adding, after the "Rules of conduct" section in the Code of Conduct for Members of the Parliamentary Assembly, the following new section headed "Declarations of interests": "Members shall be personally responsible for submitting, at the opening of each session of the Parliamentary Assembly, a declaration of interests by means of the appropriate form. The declaration shall be published on the Assembly's website", inviting the Committee on Rules of Procedure to determine the content and format of declaratory requirements." Follow-up: to ask the Committee on Rules of Procedure, Immunities and Institutional Affairs to determine the content and format of declaratory requirements (p. 8.3 and 8.4 of the Resolution). "9. The Assembly decides to make provisions related to conflicts of interest more consistent by: [ ... ] 9.5. inviting the Bureau of the Assembly to amend the Guidelines on the observation of elections by the Parliamentary Assembly with a view to harmonising them with the provisions of the Code of Conduct for Members of the Parliamentary Assembly and the Code of Conduct for rapporteurs of the Parliamentary Assembly, in particular with regard to declaratory requirements and the oversight and sanction mechanism." Follow-up: to ask the Secretary General of the Assembly to prepare a memorandum amending the Guidelines on the observation of elections by the Parliamentary Assembly (p. 9.5 of the Resolution). "11. As regards the introduction of a coherent framework to strengthen transparency in relations with extrainstitutional actors and prevent any undue influence of public or private interests on the independent, impartial and objective exercise of the parliamentary mandate in the Assembly, the Assembly decides to: 11.1. with regard to the rules on access to and movement within Council of Europe premises during Assembly sessions, instruct the Bureau of the Assembly to revise these rules and the appendices to the rules in question, in order to introduce specific identification of lobbyists, together with a system for reporting improper conduct, and, in this connection, consider establishing a register of lobbyists;" Follow-up: to ask the Secretary General of the Assembly to prepare a memorandum on the revision of the rules of access to and movement within Council of Europe premises during Assembly sessions (p 11.1 of the Resolution). "11.2. amend the special rules on honorary association with the Parliamentary Assembly by replacing the last sentence of paragraph 1 by the following: "The honorary associate will be given a diploma mentioning this title"; by deleting paragraphs 2.a and 2.b on the prerogatives of honorary associates; and by replacing paragraph 3 by the following paragraph: "When awarded the title of honorary associate, the former member of the Assembly shall sign a sworn declaration stating that he or she is not involved in representing or fostering another person's or entity's interests in the Assembly. The former member shall 4 AS/Bur/CB (2017) 11 be stripped of the title if he or she failed to declare any relevant interests or made an untruthful declaration"; 11.3. amend the special rules on the title and prerogatives of Honorary President of the Parliamentary Assembly by replacing the last sentence of paragraph 1 by the following: "The Honorary President will be given a diploma mentioning this title"; by deleting paragraphs 2.b and 2.c; and by replacing paragraph 3 by the following paragraph: "When awarded the title of Honorary President, the former President of the Assembly shall sign a sworn declaration stating that he or she is not involved in representing or fostering another person's or entity's interests in the Assembly. The Honorary President shall be stripped of the title if he or she failed to declare any relevant interests or made an untruthful declaration"; Follow-up: to ask the Secretary General of the Assembly to prepare a model declaration for honorary associates and Honorary Presidents of the Assembly (p. 11.2 and 11.3 of the Resolution). "13. The Assembly takes note of the GRECO recommendation on guidance, training and awareness raising for members with regard to the rules of conduct and invites the Committee on Rules of Procedure to foster best practice in fields such as gifts and similar benefits, members' participation ·in outside events, members' travel at the invitation of third parties, etc." Follow-up: to ask the Committee on Rules of Procedure, Immunities and Institutional Affairs to prepare guidelines on best practices in fields such as gifts and similar benefits, members' participation in outside events, members' travel at the_ invitation of third parties, etc. (p. 13 of the Resolution). "14. Lastly, the Assembly calls on the chairpersons of the political groups to strengthen the integrity frameworks of these groups and in particular to take due account of the GRECO recommendation on t' review of the political groups' accounting procedures and submission of annual accounts of all political ' groups to the External Audit." Follow-up: to ask the political groups of the Assembly to follow GRECO recommendations related to them. I' " Resolution 2183 (2017) on Evaluation of the partnership for democracy in respect of the Parliament of Jordan (Rapporteur of the Committee on Political Affairs and Democracy: Ms Josette Durrieu, France, SOC) 1'13. In conclusion, the Assembly resolves to continue following very closely the implementation of the reforms in Jordan and to offer the Jordanian Parliament its full assistance. It will make a new assessment of the partnership within two years of the adoption of this resolution." Follow-up: to refer the matter to the Committee on Political Affairs and Democracy for report. Resolution 2186 (2017) on the Call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe (Rapporteur of the Committee on Political Affairs and '' Democracy: Mr Michele Nicoletti, Italy, SOC) "18. In the meantime, and as part of the preparatory work for the Summit, the Assembly resolves to continue its own reflection on its identity, role and mission as a statutory organ of the Council of Europe --and-a -pan-EurepeaA-forum for inter-parliameA!ary-Eiialogue-which-aims-at -having an-impact in-aii-Gouncil--- - of Europe member States. This reflection would also enable the Assembly to provide its own vision of the future of the Organisation." Follow-up: to ask the Committee on Political Affairs and Democracy to prepare a report and the Committee of Rules of Procedure, Immunities and Institutional Affairs to prepare an opinion on the Identity, role and mission of the Parliamentary Assembly as a statutory organ of the Council of Europe and a pan-European forum for inter-parliamentary dialogue. 5 p I AS/Bur/CB (2017) 11 Resolution 2188 (2017) on New threats to the rule of Jaw in Couneil of Eiurope member States; selected examples (Rapporteur of the Committee on Legal Affairs and Human Rights: Mr Bernd Fabritius, Germany, EPP/CD) "10. The Assembly asks the Venice Commission for an opinion on the compatibility with the Council of Europe's standards on the rule of law of the Polish law of 12 July 2017 on the Ordinary Courts Organisation, as well as of the two draft laws recently submitted to the Sejm by the President of the Republic, on amending the law on the National Council of the Judiciary and on the Supreme Court." Follow-up: to ask the opinions from the Venice Commission as requested in paragraph 10. 6 AS/Bur/CB (2017) 11 Appendix2 A. References and transmissions to committees Doc. 14353, motion for a resolution, The United Nations Sustainable Development Goals- how parliaments and member States of the Council of Europe can contribute: reference to the Committee on Social Affairs, Health and Sustainable Development for report Doc. 14355, motion for a resolution, The societal impact of the "platform economy": reference to the Committee on Social Affairs, Health and Sustainable Development for report Doc. 14357, motion for a recommendation, Combating trafficking in human tissues and cells: reference to the Committee on Social Affairs, Health and Sustainable Development for report Doc. 14358, motion for a resolution, For a disability-inclusive workforce: reference to the Committee on Equality and Non-Discrimination for report Doc. 14360, motion for a recommendation, Grenfell fire tragedy and call to action: no further action Doc. 14362, motion for a resolution, Education geared towards pupils' needs: reference to the Committee on Culture, Science, Education and Media for report Doc. 14363, motion for a resolution, Stop violence and exploitation of migrant children: reference to the r-· Committee on Migration, Refugees and Displaced Persons for report and to the Committee on Social Affairs, Health and Sustainable Development for opinion: Doc. 14364, motion for a resolution, The implications of Brexit for migration: consultation of the Committee on Migration, Refugees and Displaced Persons on possible follow-up I .' Doc. 14365, motion for a resolution, Threats to academic freedom and autonomy of universities in Europe: reference to the Committee on Culture, Science, Education and Media for report Doc. 14368, motion for a recommendation, Protecting human rights during transfers of prisoners: reference r . to the Committee on Legal Affairs and Human Rights for report i Doc. 14371, motion for a resolution, Out-of-court settlement procedures in criminal justice: advantages and risks: reference to the Committee on Legal Affairs and Human Rights for report Doc. 14373, motion for a resolution, Ensuring greater follow-up of CPT recommendations: enhanced role of the Parliamentary Assembly and of national parliaments: reference to the Committee on Legal Affairs and ' ' Human Rights for report Doc. 14375, motion for a resolution, Withdrawing citizenship as a measure to combat terrorism: an human rights-compatible approach?: reference to the Committee on Legal Affairs and Human Rights for report ' ' Doc. 14376, motion for a resolution, The principles and guarantees of advocates: reference to the Committee on Legal Affairs and Human Rights for report Doc. 14377, m1JJio_n loe_a resoll!ti_on, __H_urua_n Iights_aodh_usineJ;J;_c:W_h_aUoiLowcUQJo_Commiliee oLMinisters __ Recommendation CM/Rec(2016)3?: reference to the Committee on Legal Affairs and Human Rights for reportand to the Committee on Social Affairs, Health and Sustainable Development foropinion Doc. 14380, motion for a resolution, Defining guidelines for international NGOs: reference to the Committee on Migration, Refugees and Displaced Persons for report Doc. 14381, motion for a resolution, Ombudsman Institutions in Europe- the need for a set of common standards: reference to the Committee on Legal Affairs and Human Rights for report i I Doc. 14382, motion for a resolution, The continuing need to restore human rights and the rule of law in the North Caucasus region: reference to the Committee on Legal Affairs and Human Rights for report 7 I I ASIBuriCB (2017) 11 Doc. 14389, request for an opinion from the Committee of Ministers, Draft Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108): reference to the Committee on Legal Affairs and Human Rights for report Bureau decision, Guidelines on the scope of the parliamentary immunities enjoyed by members of the Parliamentary Assembly: reference to the Committee on Rules of Procedure, Immunities and Institutional Affairs for report Bureau decision, Evaluation of the partnership for democracy in respect of the Parliament of Jordan: reference to the Committee on Political Affairs and Democracy for report Bureau decision, Identity, role and miss ion of the Parliamentary Assembly as a statutory organ of the Council of Europe and a pan-European forum for inter-parliamentary dialogue: reference to the Committee on f'olltlcal Affairs and Democracy for report and to the Committee on Rules of Procedure, Immunities and Institutional Affairs for opinion Bureau decision, The need for a political solution to the crisis in Catalonia: transmission to the Moni taring Committee for information B. Replies after consultation Doc. 14043, motion for a resolution, Safeguarding the fundamental rights and freedoms of the Turkish Muslim Minority in Western Thrace, Greece: reference to the Committee on Equality and Non-Discrimination to be taken into account in the preparation of the report on "Promoting the rights of persons belonging to national minorities" Doc. 14301, motion for a resolution, Human rights situation in the occupied regions of Georgia: reference to the Committee on Legal Affairs and Human Rights for report Doc. 14330, motion for a resolution, Making sign language one of Europe's official languages: reference to the Committee on Equality and Non-Discrimination for report C. Request to extend a reference Doc. 13892. motion for a resolution, Gender equality and child maintenance, Ref. 1462 of 27 November 2015- validity: 27 November 2017: extension until31 March 2018. 8 ASIBuriCB (2017) 11 Appendix 3 Ad Hoc Committee to participate in the World Forum for Democracy on 8-10 November 2017 in Strasbourg Commission ad hoc pour participer au Forum mondial de Ia democratie du 8 au 10 novembre 2017 a Strasbourg LIST OF MEMBERS I LISTE DES MEMBRES Committee on Political Affairs and Democracy I Commission des questions politiques et de Ia democratie Ms Thorhildur Sunna .LEvarsd6ttir (Iceland, SOC I lslande, SOC) Mr Deniz Baykal (Turkey, SOC I Turquie, SOC) Lord George Foulkes (United Kingdom, SOC I Royaume-Uni, SOC) Mr Bogdan Klich (Poland, EPPICD I Pologne, PPE!DC) Mr Michele Nicoletti (Italy, SOC I ltalie, SOC) Mr Luis Alberto Orellana {Italy, SOC I ltalie, SOC) ~ ' Mr Andrea Rigoni (Italy, ALDE I ltalie, ADLE) Mr Krzysztof Truskolaski (Poland, ALOE I Pologne, ADLE) '' Committee on Legal Affairs and Human Rights I Commission des questions juridiques et des droits del'homme Ms Eka Beselia (Georgia, SOC I Georgie, SOC) Ms Anne Brasseur (Luxembourg, ALDE I Luxembourg, ADLE) Mr Boriss Cilevics (Latvia, SOC I Lettonie, SOC) Mr Raphael Comte (Switzerland, ALDE I Suisse, ADLE) ; ' M. Sergio Divina (Italy, FDG I ltalie, GDL) Mr Sam vel Farmanyan {Armenia, EPPICD I Armenie, PPEIDC) Mr Pierre-Aiain Fridez (Switzerland, SOC I Suisse, SOC) Mr Aleksander Pociej (Poland, EPPICD I Pologne, PPE/DC) ' ' 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 __Eiat.s membre_s_d_v Cg_nslHI ge _!'Eur()pe (C_o_mm_issio.fld.~ suiyj}______ Mr Cezar Florin Preda (Romania, EPPICD I Roumanie, PPEIDC) Mr Stefan Schennach (Austria, SOC I Autriche, SOC) Committee on Social Affairs, Health and Sustainable Development I Commission des questions sociales, de Ia sante, et du developpement durable Ms Jennifer De Temmerman (France, NR I France, Nl) l ' Mr llhan Kesici (Turkey, SOC I Turquie, SOC) Mr Ertugrul KUrk~U (Turkey, UEL I Turquie, GUE) 9 I I ASIBuriCB (2017) 11 Committee on Culture, Science, Education and Media I Commission de Ia culture, de Ia science, de /'education et des medias M. Volodymyr Ariev (Ukraine, EPPIGO I Ukraine, PPE/DC) Mr Roland Rino Buchel (Switzerland, ALOE I Suisse, ADLE) Mr Jose Cepeda (Spain, SOC I Espagne, SOC) Mr Paolo Corsini (Italy, SOC I ltalie, SOC) Mr Claudio Fazzone (Italy, EPPICO I ltalie, PPEIDC) Ms Adele Gambaro (Italy, FOG I ltalie, GDL) Mr Francesco Giro (Italy, EPPICO I ltalie, PPE/DC) Ms Rozsa Hoffmann (Hungary, EPPICO I Hongrie, PPE/DC) Mr Rafael Huseynov (Azerbaijan, ALOE I Azerbai'djan, ADLE) Ms Judith Pal lares (Andorra, ALOE I Andorre, ADLE) Committee on Equality and Non-Discrimination I Commission sur l'egalite et sur Ia non discrimination Mr Goran Beus Richembergh (Croatia, AOLE I Croatie, ALOE) Ms GUisun Bilgehan (Turkey, SOC I Turquie, SOC) Ms Elena Centemero (Italy, EPPICO I ltalie, PPEIDC) M. Jean-Pierre Grin (Switzerland, AOLE, Suisse, ALOE) Ms Alice-Mary Higgins (Ireland, SOC I lrlande, SOC) Ms Elvira Kovacs (Serbia, EPPICO I Serbie, PPEIDC) Mr Florian Kronbichler (Italy, SOC I /lalie, SOC) Ms Cristina-Mi'idalina Pruna (Romania, NR I Roumanie, Nl) Mr Sasa Magazinovic (Bosnia and Herzegovina, SOC I Bosnie-Herzegovine, SOC) Ms Oovile Sakaliene (Lithuania, ALOE, Lituanie, ADLE) Ms Milena Santerini (Italy, SOC I ltalie, SOC) Ms Maria Edera Spadoni (Italy, NR I ltalie, Nl) Mr Oamien Thiery (Belgium, ALOE I Belgique, ADLE) Ms Gisela Wurm (Austria, SOC I Autriche, SOC) Committee on Migration, Refugees and Displaced Persons I Commission des migrations, des refugies et des personnes deplacees Ms Milica Markovic (Bosnia and Herzegovina, FOG I Bosnie-Herzegovine, GDL) Committee on Rules of Procedure, Immunities and Institutional Affairs I Commission du Reglement, des immunites et des affaires institutionnelles Mr Serhii Kiral (Ukraine, EC I Ukraine, CE) 10 AS/Bur/CB (2017) 11 Appendix 4 COU~Cil Of [ UROi'f PRESS RELEASE Communication Division Call for referral of Mammadov case to the Strasbourg Court 'as soon as possible' on question of whether Azerbaijan has failed to abide by the judgment Strasbourg, 13.10.2017- In view of the continuous non-execution by Azerbaijan of the judgment of the European Court of Human Rights in the case of Ilgar Mammadov vs. Azerbaijan, the Bureau of the Assembly calls on High Contracting Parties to the European Convention on Human Rights to apply, as soon as possible, the procedure foreseen under Article 46.4 of the Convention. ~· Le Bureau de I'APCE demande a saisir Ia Cour de Strasbourg 'des I que possible' de Ia question du respect, par I'Azerbai'djan, de son obligation de se conformer a l'arret Mammadov Strasbourg, 13.10.2017- Etant donne que I'Azerba"fdjan persiste a ne passe conformer a l'arret rendu par Ia Cour europeenne des droits de l'homme en !'affaire Ilgar Mammadov c. Azerba"idjan, le Bureau de I'Assemblee appelle les Hautes Parties contractantes a Ia Convention europ8enne des droits de l'homme a appliquer, d6s que possible, Ia procedure prevue a !'article 46.4 de Ia Convention. 110110 assembly.coe.int 1 [email protected] 1 ~Twitter 1 DYouTube II1Facebook 1 Fiickr The Assembly brings together 324 members from the national parliaments of the 47 member states. President: Stella Kyriakides (Cyprus, EPP/CD) - Secretary General of tl1e Assembly: Wojciech Sawicki. Polltical groups: EPP/CD (Group of the European People's Pa1ty); SOC (Socialists, Democrats and Greens Group); EC (European Conservatives Group); ALDE (Alliance of Liberals and Democrats for Europe)i UEL ' (Group of the Unified European Left); FDG (Free Democrats Group). . ' ' 11 I I Parliamentary Assembly Assemblee parlementaire ~-~~///./,./ t ~ t"'fth,•:H'U-hiM!h~l'll:lll!l!_iliD_&Iii ______ SECRETARIAT AS/Pol (2017) CB 07 16 October 2017 To the members of the Committee on Political Affairs and Democracy Synopsis of the meetings held in Strasbourg from 9 to 12 October 2017 The Committee on Political Affairs and Democracy, meeting in Strasbourg from 9 to 12 October 2017, with Mr Attila Korodi (Romania, EPP/CD), first Vice-Chairperson, and Ms Maria Guzenina (Finland, SOC), third Vice-Chairperson, in the Chair: Monday 9 October 2017, 14:00-15:00, room 9, as regards: The evaluation of the partnership for democracy in respect of the Parliament of Jordan ~ I (Rapporteur: Ms Josette Ourrieu, France, SOC): heard a statement by the Rapporteur on her fact-finding visit to Jordan on 10-11 September 2017, considered and approved an addendum to the report including 3 amendments to the draft resolution; Prosecuting and punishing the crimes against humanity or even possible genocide committed by Daesh (Rapporteur for opinion: Ms Thorhi/dur Sunna 1Evarsd6ttir, Iceland, NR): in the absence of the Rapporteur, considered and approved an opinion; Tuesday 10 October2017, 08:30-10:00, room 1, as regards: Follow-up to Resolution 2172 (2017) on The situation in Belarus (Former Rapporteur: Mr Andrea Rigoni, Italy, ALOE): heard a statement by the former Rapporteur and held an exchange of views with the participation of Mr Andrei Naumovich, Head of the working group on the death penalty issue, National Assembly of Belarus; Ms Elena Anissim, member of the Standing Committee on education, culture and science, National Assembly of Belarus; Mr Ales Bialiatski, Viasna Human Rights Centre; and Mr Vital ' ' Rymasheuski, Belarusian Christian Democracy Party; authorised Mr Rigoni to attend meetings of the working group of the National Assembly of Belarus on the death penalty issue and to visit the region of Minsk from 22 to 26 November 2017 at no cost to the Assembly (subject to the authorisation by the Bureau of the Assembly); Enlarged debate on The activities of the Organisation for Economic Co-operation and Development (OECD) in 2016-2017 (Rapporteur: Mr Alfred Heer, Switzerland, ALOE): took position on 9 amendments to the draft resolution and held an exchange of views with the participation of delegations of national parliaments of OECD member States which are not members of the Council of Europe; The evaluation of the partnership for democracy in respect of the Parliament of Jordan (Rapporteur: Ms Josette Ourrieu, France, SOC): took position on 9 amendments to the draft resolution; 0 I I I AS/Pol (2017) CB 07 Tuesday 10 October 2017, 14:00-15:30, room 9, as regards: The situation in Syria and its effects upon surrounding countries (Rapporteur: Mr Tobias Zech, Germany, EPP/CD): heard a statement by the Rapporteur and held an exchange of views with the participation of Mr Christian Springer; founder of the non-profit organisation Orienth&lf&r; Open discussion on current issues: held exchanges of views on the recent developments in Spain and in Turkey; Wednesday 11 October 2017, 14:00- 15:30, room 9, as regards: Call for a Council of Europe Summit to defend and promote democratic security in Europe (Rapporteur: Mr Michele Nicoletti, Italy, SOC): took position on 15 amendments to the draft resolution and 3 amendments to the draft recommendation; Follow-up to Resolution 2162 (2017) on Alarming developments in Hungary: draft NGO law restricting civil society and possible closure of the European Central University (Former Rapporteur: Mr Mogens Jensen, Denmark, SOC): held an exchange of views with members of the Hungarian delegation to the Assembly; Thursday 12 October 2017, 09:15-10:00, room 9, as regards: The relations of the Council of Europe with Kazakhstan (Rapporteur: Mr Axel Fischer, Germany, EPPICD): heard a statements by the Rapporteur, as well as by Mr Sergey Plotnikov and Ms Saute Aitpaeva, both members of the Parliament of the Republic of Kazakhstan; considered a draft report and unanimously adopted a draft resolution; Work programme: • appointed Mr Jordi Roca (Spain, EPPICD) as Rapporteur on The situation in Kosovo' and heard from him a declaration of absence of any conflict of interest; • appointed Ms Arpine Hovhannisyan (Armenia, EPP/CD) as Rapporteur for op1n10n on Establishment of a European Union mechanism on democracy, the rule of law and fundamental rights; • called for candidates for report on The evaluation of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic; • took note of the programme for the 2017 World Forum for Democracy (Strasbourg, 8-10 November 2017) and proposed that Mr Krzysztof Truskolaski (Poland, ALDE) be appointed to the ad hoc Committee of the Bureau of the Assembly; The humanitarian situation of the Rohingya people: considered a draft statement according to Rule 47.9 of the Rules of Procedure of the Assembly and authorised the Vice-Chairperson to publish it in the name of the Committee; Authorisations by the Committee: approved the request by the Sub-Committee on External Relations to hold a meeting in Geneva on either 27-28 November or 11-12 December 2017 (subject to the authorisation by the Bureau of the Assembly); Changes in the composition of the Sub-Committees: approved the following changes: Sub-Committee on External Relations • Ms Sylvie Goy-Chavent (France, EPPICD) becomes full member, with Ms Marietta Karamanli (France, SOC) as alternate; • Ms Marija Obradovi6 (Serbia, EPP/CD) becomes full member; * Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo. 2 AS/Pol (2017) CB 07 Sub-Committee on the Middle East and the Arab World • Mr Pieyre-Aiexandre Anglade (France, NR) replaces Mr Franc;:ois Rochebloine (France, EPP/CD) as alternate to Ms Josette Durrieu (France, SOC); Sub-Committee on relations with the OECD and the EBRD • Mr Jacques Maire (France, NR) replaces Ms Josette Durrieu (France, SOC) as full member and Ms Durrieu becomes his alternate; • Ms Cheryl Gillan (United Kingdom, EC) becomes alternate of Ms Kelly Tolhurst (United Kingdom, EC); Other business: took note of the letter from the Inter-Parliamentary Union (IPU) concerning its democracy campaign, was informed that the IPU petition #StrongerDemocracies (available online at campaign.ipu.org) was signed by the Chairperson of the Committee when it went online on 15 September, international day of democracy, and encouraged members to sign as well; Next meetings: took note of the meeting of the Sub-Committee on relations with the OECD and EBRD which will take place at the EBRD headquarters in London on 26 October 2017 and confirmed the next meetings as follows: • 14 November 2017, Paris • 14 December 2017, Paris . r' i ****** The Sub-Committee on External Relations (of the Committee on Political Affairs and Democracy), meeting in Strasbourg on 12 October 2017 with Mr Senad Sepi6 (Bosnia and Herzegovina, EPP/CD), Vice Chairperson, in the Chair, as regards: Future work: agreed to the following proposals by the Vice-Chairperson: . to hold a meeting with international organisations in Geneva (Switzerland) either on 27-28 November or on 11-12 December 2017 (subject to the authorisation by the Bureau of the Assembly), it being understood that r. the Vice-Chairperson will formally convene the meeting after consultation of all members on the best suitable dates, and provided that a sufficient number of members are able to attend; . to organise in 2018 an exchange of views with Council of Europe officials on co-operation with the United Nations, in the framework of the preparation of the report on Strengthening Co-operation with the United Nations (Rapporteur: Mr Adao Silva, Portugal, EPPICD); . to organise an exchange of views with representatives of the permanent Committee on Political Issues and International Co-operation of the lnterparliamentary Assembly of Member Nations of the Commonwealth of Independent States (CIS IPA) in Paris on 14 December 2017; ' ' Date and place of the next meeting: left it to the Vice-Chairperson to convene its next meeting under conditions mentioned above. ****** The Sub-Committee on relations with the OECD and the EBRD (of the Committee on Political Affairs and Democracy), meeting in Strasbourg on 12 October 2017 with Ms Cheryl Gillan (United Kingdom, EC) in the Chair, as regards: Preparation of the meeting at the EBRD headquarters in London, 26 October 2017: heard a statement by Mr Hendrik Daems (Belgium, ALOE), Rapporteur on The activities of the European Bank for Reconstruction and Development (EBRD) and discussed the programme of the meeting; Date and place of next meeting: London, 26 October 2017. .' I I • AS/Pol (2017) CB 07 cc. Secretary General of the Assembly Director General, Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 4 Parliamentary Assembly Assemblee parlementaire t~"~ ~~/Gmrl'Jl.~tJih;iB-iliw-----=----illi------SECRETARIAT ASIJur (2017) CB 07 16 October 2017 To the members of the Committee on Legal Affairs and Human Rights Synopsis of the meeting held in Strasbourg on 9-12 October 2017 The Committee on Legal Affairs and Human Rights, meeting in Strasbourg from 9-12 October 2017, as regards: r· • on Monday 9 October 2017 at 2.00 pm with Mr Bernd Fabritius (Germany, EPP/CD), 1" Vice I Chairperson in the Chair, ' Election of a Committee Chairperson following the resignation of Mr Alain Destexhe from the Belgian delegation: elected Ms Olena Sotnyk (Ukraine, ALDE) as Committee Chairperson by acclamation; Then with Ms Olena Sotnyk in the Chair: Azerbaijan's Chairmanship of the Council of Europe: What follow-up on respect for human rights? (Rapporteur: Mr Alain Oestexhe, Belgium, ALDE): agreed that the Chairperson would present the report in the Assembly on behalf of the Committee following the resignation of Mr Alain Destexhe from the Belgian delegation; Evaluation of the partnership for democracy in respect of the Parliament of Jordan (Rapporteur for opinion: Mr Andrea Rigoni, Italy, ALOE): considered and approved the Committee's opinion; .' Draft Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 108) and its Explanatory Report (Rapporteur: Mr Raphael Comte, Switzerland, ALOE): held an exchange of views with Mr Jean-Philippe Walter, Vice-Chair of the Consultative Committee of the Convention for the protection of individuals with ' ' regard to automatic processing of personal data; Other business: agreed the following changes in the Sub-committees' membership proposed by the French delegation: - Sub-committee on Human Rights: Mr Fran9ois Rochebloine (EPP/CD) and Mr Pierre-Yves Le Borgn' (SOC) to be replaced by Ms Alexandra Louis (NR) and Mr Yves Pozzo di Bargo (EPP/CD) as titular member and substitute respectively; - Sub-committee on Crime Problems and the Fight against Terrorism: Mr Thierry Mariani to be replaced by Mr Andre Reichardt (EPP/CD) as titular member with Mr Olivier Becht (ALDE) as his substitute; Mr Yves Pozzo di Bargo (EPP/CD) to be replaced by Mr Fran9ois Grosdidier (EPP/CD) as titular member with Mr Fabien Gouttefarde (NR) as his substitute; I I - Sub-committee on the Implementation of Judgments of the European Court of Human Rights: Mr Sylvain Waserman (ALDE) to become the substitute to Mr Jacques Bigot (SOC); I I Appointment of rapporteurs: For report: Co•operation with United Nations human rights mechanisms - a challenge for the Council of Europe and its member States: appointed Mr Frank Schwabe (Germany, SOC) and heard from him a declaration of absence of conflict of interest; Extradition requests and the abuse of process: appointed Mr Aleksander Pociej (Poland, EPPICD) and heard from him a declaration of absence of conflict of interest; • on Tuesday 10 October 2017 at 2 pm Appointment of rapporteurs (continued): For report: The implementation of judgments of the European Court of Human Rights (10'h report): appointed Mr Evangelos Venizelos (Greece, SOC) and heard from him a declaration of absence of conflict of interest; For opinion: Establishment of an European Union mechanism on democracy, the rule of Jaw and fundamental rights (Rapporteur for the Committee on Rules of Procedure, Immunities and Institutional Affairs: Ms Petra De Sutter, Belgium, SOC): appointed Lord Richard Balfe (United Kingdom, EC) and heard from him a declaration of absence of conflict of interest; Call for rapporteurs: a call was made for candidates as rapporteur for the following: For report: How can inappropriate restrictions on NGO activities in Europe be prevented? (Re-appointment following the departure from the Assembly of the former Rapporteur, Ms Aleksandra Djurovic, Serbia, EPPICD) For opinion: The legal and practical requirements for extra-territorial processing of asylum claims (Rapporteur for the Committee on Migration, Refugees and Displaced Persons: Mr Domagoj Hajdukovic, Croatia, SOC); Decided to open the hearings on "The need to shed light on the background of the murder of Boris Nemtsov" and on "The case for drafting a European Convention on the profession of lawyer", scheduled for later in the week, to the public; Azerbaijan's Chairmanship of the Council of Europe: What follow-up on respect for human rights? (Rapporteur: Mr Alain Destexhe, Belgium, ALOE): took position on 11 amendments to the draft resolution; Abolition of the Death Penalty: 151h World Day against the Death Penalty (General Rapporteur: Mr Yves Cruchten, Luxembourg, SOC): considered a memorandum and agreed to declassify it, adopted a declaration and held an exchange of views with Ms Rose Vines, Ministry Against the Death Penalty, USA; • on Wednesday 11 October 2017 at 2 pm Venice Commission's "Rule of Law Checklist" (Rapporteur: Mr Philippe Mahoux, Belgium, SOC): took note that no amendments were tabled to the draft resolution; 2 New threats to the rule of law in Council of Europe member States: selected examples (Rapporteur: Mr Bernd Fabritius, Germany, EPPICD): took position on 23 amendments to the draft resolution; Jurisdictional immunity of international organisations and rights of their staff (Rapporteur: Mr Volker Ullrich, Germany, EPPICD): considered a draft report and adopted a draft resolution and a draft recommendation; and agreed to a proposal from the Rapporteur for opinion, Mr Stefan Schennach (Austria, SOC), to request postponement of the debate of this report from the Standing Committee meeting on 241h November 2017 until the January 2018 part-session to allow sufficient time for the Committee on Social Affairs, Health and Sustainable Development to adopt its opinion; The need to shed light on the background of the murder of Boris Nemtsov (Rapporteur: Mr Emanuelis Zingeris, Lithuania, EPP/CD): held a hearing with the participation of Ms Zhanna Nemtsova, daughter of Boris Nemtsov, journalist, founder of the Boris Nemtsov Foundation for Freedom, Bonn, Germany, Mr Vadim Prokhorov, attorney at law, legal representative of Ms Zhanna Nemtsova, Moscow, Russian Federation and Mr Vladimir Kara-Murza, Chairman of the Boris Nemtsov Foundation for Freedom, Moscow, Russian Federation; • on Thursday 12 October 2017 at 8.30 am Sub-Committee on Human Rights: heard a report by Mr Virendra Sharma (United Kingdom, SOC), Chairperson of the Sub-Committee, on the meeting held in Strasbourg on Tuesday 10 October 2017 and endorsed the proposals of the Sub-Committee concerning the lists of candidates ~to ~the European Committee for the Prevention of Torture (CPT) submitted by the delegations of Malta, Turkey and the r-1 United Kingdom; took note of the Sub-committee's decision to postpone consideration of the Spanish list until the January 2018 part-session; Prosecuting and punishing the crimes against humanity or even possible genocide committed by Daesh (Rapporteur: Mr Pieter Omtzigt; Netherlands, EPPICD): took position on 12 amendments to the draft resolution; .' The case for drafting a European Convention on the profession of lawyer (Rapporteur : Ms Sabien Lahaye-Battheu, Belgium, ALOE): held an exchange of views with the participation of Mr Laurent Pettiti, Chair of the Council of Bars and Law Societies of Europe (CCBE) Permanent r-~ Delegation to the European Court of Human Rights, Suresnes, France, Mr Piers Gardner, member of the CCBE Permanent Delegation to the European Court of Human Rights, London, United Kingdom and Ms Ayse Bingol Demir, Turkish lawyer, Legal Officer, Media Legal Defence Initiative, London, United Kingdom; authorised the Rapporteur to hold a second hearing on the subject at its next meeting, subject to the availability of funds; t ' CPT - Public statement concerning Belgium: held an exchange of views concerning the public statement issued by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on 13 July 2017, with Mr Hendrik Daems, Chairperson of the Belgian delegation to the Parliamentary Assembly and Mr Mark Kelly, 2nd Vice-President of the CPT and Head of CPT delegation which carried out the most recent periodic visit to Belgium; decided to come back to ' ' this issue in a year; Other business: ~-~World-i=orum-for-Democracy ~(Strasbourg,-B--10-November-20-1~7~- ~~took-note--t~at-any~-furt~er-~-- -- -~ requests to join the ad hoc Committee of the Bureau attending the Forum should be submitted to the secretariat as soon as possible; - Sub-committees: agreed to the requests of the Croatian delegation to replace Mr Robert Podolnjak (NR) by Mr Davor Iva Stier (NR) as member of the Sub-Committee on Human Right as well as to the request for Mr Davor Iva Stier to become a member the Sub-committee on Judgments of the European Court of Human Rights; Participation of members in conferences, meetings, seminars etc: heard a report by Mr Philippe I , Mahoux (Belgium, SOC) on the 1121h plenary session of the European Commission for Democracy through Law (Venice Commission), 6-7 October 2017; l I 3 Next meetings: confirmed its forthcoming meeting on 13 November 2017 in Paris. Plenary Committee: • Paris, 13 November 2017 (Council of Europe Office) Paris, 12 December 2017 (Council of Europe Office) Strasbourg, during the Assembly's 1'' part-session of 2018 (22-26 January 2018) Paris, 14 March 2018 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 2nd part-session of 2018 (23-27 April 2018) Place and date in May 2018 to be confirmed, (subject to approval by the Bureau and the availability of funds) Strasbourg, during the Assembly's 3rd part-session of 2018 (25-29 June 2017) Paris, 10 September 2018 (Council of Europe Office) (to be confirmed) Strasbourg, during the Assembly's 41h part-session of 2018 (8-12 October 2018) Paris, 12 Novemb.er 2018 (Council of Europe Office) (to be c.onfirmed) Paris, 11 December 2018 (Council of Europe Office) (to be confirmed) ***** The Sub-Committee on Human Rights (of the Committee on Legal Affairs and Human Rights), meeting in Strasbourg on Tuesday 10 October 2017 at 3.00 pm, with Mr Virendra Sharma (United Kingdom, SOC), in the Chair, as regards: European Committee for the Prevention of Torture (CPT): considered and made recommendations to the plenary Committee concerning the lists of candidates to the European Committee for the Prevention of Torture (CPT) in respect of Malta, Turkey and United Kingdom, and decided to postpone consideration of the list in respect of Spain until the January 2018 part-session; Next meeting: confirmed its next meeting on the afternoon of 12 December 2017 (Council of Europe Office, Paris). Gunter Schirmer, David Milner, Agnieszka Szklanna, lsild Heurtin Copy to: Secretary General of the Assembly Director General, Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups ofthe Assembly Secretaries of Observer and Partner for Democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 4 Parliamentary Assembly Assemblee parlementaire t-@_~ ~ m1'liilmiMi&IJl"ti!il'lR.fii'!tfllfi ______SECRETARIAT AS/Soc (2017) CB 07rev 16 October 2017 To the members of the Committee on Social Affairs, Health and Sustainable Development Revised synopsis of the meeting held in Strasbourg on 9, 10 and 12 October 2017 I. The Committee on Social Affairs, Health and Sustainable Development, meeting in Strasbourg: • Monday, 9 October 2017, at 2 pm with Ms Stella Kyriakides (Cyprus, EPP/CD), Chairperson, in the Chair, in a joint meeting with the Committee on Equality and Non-Discrimination, as regards: r Women and breast cancer: held a hearing with: Ms Donata Lerda, European Commission Initiative on Breast Cancer (ECIBC), Joint Research Centre; Ms Elizabeth Bergsten Nordstrom, President of the Swedish Breast Cancer Association and former President of Europa Donna; • Tuesday, 10 October 2017, at 8.30 am with Ms Stella Kyriakides (Cyprus, EPP/CD), Chairperson, in the Chair, as regards: Election of the First Vice-Chairperson: elected Mr Geraint Davies (United Kingdom, SOC), by acclamation; Protecting children affected by armed conflicts (Rapporteur: Ms Sevin} Fataliyeva, Azerbaijan, l, EC): meeting in camera, took note that there was no longer a request to discuss a potential conflict of interest of the rapporteur, and considered a draft report; Committee's work programme and priorities: ' , - appointed rapporteurs as follows: Development aid: a tool for preventing migration crises (for opinion): Ms Doris Barnett (Germany, SOC) and heard from her a declaration of absence of conflict of interest; - appointed the following Committee representatives to external events (subject to the availability of funds): . Conference "1997-2017: 20 years after the Oviedo Convention on Human Rights and Biomedicine: What are the achieved gains and its potential?", 8-9 December 2017, Thessaloniki, Greece: Ms Petra De Sutter (Belgium, SOC); . Presidium Meeting of the Association of Towns awarded the Europe Prize, 7-9 December 2017, Allotting, Germany: Mr Tobias Zech (Germany, EPP/CD), and authorised the Chairperson to appoint a representative if he is unavailable; AS/Soc (2017) CB 07rev appointed the following members to the ad hoc Committee of the Bureau to participate in the World Forum for Democracy, Strasbourg, 8-10 November 2017: Ms Jennifer De Temmerman (France, NR), Mr llhan Kesici (Turkey, SOC), Mr Ertugrul KOrk90 (Turkey, UEL); The provision of palliative care in Europe (Rapporteuro Mr Ronan Mullen, Ireland, EPPIGD): was obliged to postpone to the January 2018 part-session the hearing scheduled to be held on 11 October due to the experts not being able to reach Strasbourg because of strike action; • Thursday, 12 October 2017, at 8.30 am with first Mr Geraint Davies (United Kingdom, SOC), first Vice Chairperson, and then Mr lonut-Marian Stroe (Romania, EPP/CD), newly elected Chairperson, in the Chair, as regards: Election of the Chairperson: elected Mr lonut-Marian Stroe (Romania, EPP/CD), by acclamation, and thanked the former Chairperson, Ms Stella Kyriakides (Cyprus, EPP/CD), elected President of the Assembly, for her services; The use of new genetic technologies in human beings (Rapporteur: Ms Petra De Sutter, Belgium, SOC): took position on the five amendments to the draft recommendation tabled, and adopted two sub amendments to be tabled on behalf of the Committee; • Thursday, 12 October 2017, at 2 pm with Mr lonut-Marian Stroe (Romania, EPP/CD), Chairperson, in the Chair, as regards: Election of the Third Vice-Chairperson: elected Mr Luis Leite Ramos (Portugal, EPP/CD), by acclamation in his absence; Jurisdictional immunity of international organisations and rights of their staff (Rapporteur: Mr Stefan Schennach, Austria, SOC): heard a statement by the Rapporteur; Changes in Sub-Committee composition: Sub-Committee on the European Social Charter - Mr Victor Naudi Zamora (Andorra, SOC) became a full member; - Ms Jennifer De Temmerman (France, NR) became a full member; Sub-Committee on Public Health and Sustainable Development - Ms Nicole Trisse (France, NR) became the alternate to Ms Maryvonne Blondin; Sub-Committee on the Europe Prize - Ms Marie-Christine Dalloz and Mr Bertrand Bouyx became full members, and De Temmerman, became alternate of Mr Bouyx; Sub-Committee on the Europe Prize: heard a report from Mr Andrzej Wojtyla (Poland, EPP/CD) on the presentation ceremony of the Europe Prize in Lublin (Poland), on 25 September 2017; Sub-Committee on Children: heard a report from the Sub-Committee Chairperson, Baroness Doreen Massey (United Kingdom, SOC), on its meeting in Strasbourg on 10 October 2017, and approved the comments prepared by the Sub-Committee on the Council of Europe draft "Guidelines to member States to protect, promote and fulfil children's rights in the digital environment" currently being elaborated by the Ad hoc Committee for the Rights of the Child (CAHENF) Sub-Committee on the European Social Charter: heard a report from the Sub-Committee Chairperson, Ms Sevinj Fataliyeva (Azerbaijan, EC), on its meeting in Strasbourg on 10 October 2017; 2 AS/Soc (2017) CB 07rev Sub-Committee on Public Health and Sustainable Development: heard a report from the Sub Committee Chairperson, Ms Martine Mergen (Luxembourg, EPP/CD), on its joint meeting with the Sub-Committee on Gender Equality of the Committee on Equality and Non-Discrimination, in Strasbourg on 12 October 2017; Committee's work programme and priorities: - appointed the following Committee representatives to external events (subject to the availability of funds}: 30th World Day for the Eradication of Poverty organised by the Conference of INGOs of the Council of Europe, 17 October 2017, Strasbourg: Mr Jean-Pierre Grin (Switzerland, ALOE); 3'' meeting of the Ad hoc Committee for the Rights of the Child (CAHENF), 22-24 November 2017, Strasbourg: Mr Jean-Pierre Grin (Switzerland, ALOE), replacing the Sub-Committee Chairperson, Baroness Doreen Massey (United Kingdom, SOC); European Committee on Democracy and Governance (CDDG), 4-5 December 2017, Strasbourg: Ms Milica Markovic (Bosnia and Herzegovina, FOG); ' heard a report from Mr Geraint Davies (United Kingdom, SOC), on the Annual WTO Public Forum i on "Trade: behind the headlines", 26-28 September 2017, Geneva, Switzerland, including the i' parliamentary panel on "Making trade fair", 26 September 2017; Other business: r-· heard a statement from Ms Jennifer De Temmerman (France, NR), on the implementation by France I of Assembly Resolution 2140 (2016) on the exploration and exploitation of non-conventional hydrocarbons in Europe; Date and place of the next meetings: Plenary committee: Wednesday, 6 December 2017, Paris (Council of Europe Office); First part-session 2018 of the Assembly, 22-26 January 2018, Strasbourg; **** The Sub-Committee on Children meeting in Strasbourg on 10 October 2017, with Baroness Doreen Massey (United Kingdom, SOC), Chairperson, in the Chair: Council of Europe draft "Guidelines to member States to protect, promote and fulfill children's I ' rights in the digital environment": heard a statement by the Chairperson and considered draft comments to the guidelines with a view to their later approval by the plenary Committee and transmission to the Council of Europe Ad hoc Committee on the Rights of the Child (CAHENF); " Work programme of the Sub-Committee: received an update from the Chairperson about the Children's Rights Seminar organised by the British Parliament on 6-7 November 2017 in London (United Kingdom) in which the Sub-Committee would participate; Other business: held an exchange about topical issues related to children's well-being and rights in -ilifferenfcountries,amongsfothers-wllh -The-partiCipatfunOf--MsEfarl:loraKi'izanova;-communication Manager, Lumos, Prague (Czech Republic) who presented a report on the "de-institutionalisation of children"; Date and place of the next meetings: decided to hold its next meeting as follows: 6-7 November 2017 in London (United Kingdom), on the occasion of the Children's Rights Seminar organised by the British Parliament; t l **** ' l 3 AS/Soc (2017) CB 07rev The Sub-Committee on the European Social Charter meeting in Strasbourg on 10 October 2017, with Ms Sevinj Fataliyeva (Azerbaijan, EC), Chairperson, in the Chair, as regards: Parliamentary seminar on "Employment, training and equal opportunities: how to ensure fair treatment and inclusion for all" (in the framework of promoting implementation of the European Social Charter and of the Partnership for Good Governance), Paris, 27 October 2017: took note of the preparations for the seminar; Work programme: heard a statement by the Chairperson on the national parliamentary seminar on "Fostering the implementation of socio-economic rights in Azerbaijan from the perspective of the European Social Charter", held under the Partnership for Good Governance in Baku (Azerbaijan) on 2 June 2017; Date and place of the next meetings: decided to hold its next meeting as follows: Friday 27 October 2017, Paris: Parliamentary seminar on the implementation of the European Social Charter; **** The Sub-Committee on Public Health and Sustainable Development meeting in Strasbourg on 12 October 2017, with Ms Martine Mergen (Luxembourg, EPP/CD), Chairperson of the Sub-Committee, and Mr Manuel Tornare (Switzerland, SOC), oldest member present of the Sub-Committee on Gender Equality, in the Chair, as regards: "European Contraception Atlas": held a joint hearing with the Sub-Committee on Gender Equality (of the Committee on Equality and Non-Discrimination), with the participation of Ms Marina Davidashvili, Senior Policy Officer, European Parliamentary Forum on Population and Development, Brussels; Date and place of next meetings: First part-session 2018 of the Assembly, 22-26 January 2018, Strasbourg. Tanja Kleinsorge, Aisle Ramanauskaite, Maren Lambrecht-Feigl, Ay9eg01 Elveri9 cc: Secretary General of the Assembly Director General, Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 4 SECRETARIAT AS/Mig (2017) CB 07 13 October 2017 To the members of the Committee on Migration, Refugees and Displaced Persons Synopsis I of the meeting held in Strasbourg " on 10, 11 and 12 October 2017 The Committee on Migration, Refugees and Displaced Persons, meeting in Strasbourg, with Ms Sahiba Gafarova (Azerbaijan, EC), Ms Doris Fiala (Switzerland, ALOE) and Ms Petra De Sutter (Belgium, SOC) in the Chair, • on Tuesday, 10 October 2017 at 8.30 a.m., as regards: L' Ms Petra De Sutter (Belgium, SOC) in the Chair Humanitarian consequences of the war in Ukraine (Rapporteur: Mr Egidijus Vareikis, Lithuania, EPP/CD): heard a statement by the rapporteur and considered a preliminary draft report; Ms Sahiba Gafarova (Azerbaijan, EC) in the Chair Recommendation 2090 (2016) on "The humanitarian concerns with regard to people captured during the war in Ukraine" (rapporteur: Ms Nel/ija Kleinberga, Latvia, ALDE): considered the reply by the Committee of Ministers to the recommendation; Search and rescue operations in the Mediterranean Sea: heard a statement by Ms Tineke Strik (Netherlands, SOC) and held an exchange of views on the implementation of the Code of Conduct of NGOs involved in migrants' search and rescue operations in Italy; approved a letter to be sent to the Chairperson of the Italian PACE Delegation asking for clarification and additional information on the " subject; European rules on the administrative detention of migrants: heard a statement by Ms Tineke Strik (Netherlands, SOC), considered an information memorandum and endorsed the comments to the first ______jjr'J3fJ oLtbELCQQif)liGg_jm;l[u_lll!lllL of__E_urQg_ean rLJ[El_lLQll__ th~__?dmil]igrative detention of migrants · prepared by the European Committee on Legal Co-operation (CDCJ) of the Council of Europe; The situation of refugees in Jordan: held an exchange of views with Mr Kais Zayadin and Ms Marram Alheisah, members of the Jordanian Partner for Democracy Delegation, was informed of the invitation from the Parliament of Jordan to hold a meeting in Amman in 2018, and agreed to this, subject to the authorisation of the Bureau; • I I I ' AS/Mig (2017) CB 07 • on Tuesday, 10 October 2017 at 2.00 p.m., as regards: Joint hearing with the Committee on Culture, Science, Education and Media: held a hearing on "Migrants and the media" with the participation of Mr Marco Nassivera, Director of Communications, ARTE, Strasoourg, Mr Robert McNeil, Flead of Media and Communications, Migration Observatory, University of Oxford and Mr Tom Law, Director of Campaigns and Communications, Ethical Journalism Network, London; • on Wednesday, 11 October 2017 at 2.00 p.m., as regards: Ms Doris Fiala (Switzerland, ALOE) in the Chair Parliamentary Campaign to End Immigration Detention of Children: heard a statement by Ms Doris Fiala (Switzerland, ALOE), General Rapporteur on Ending Immigration Detention of Children, and heard a presentation by Mr Adriano Silvestri, Head of Sector Asylum, Migration and Borders, European Union Agency for Fundamental Rights (FRA) (via video conference) on the report on the European legal and policy framework on immigration detention of children prepared by FRA; heard a presentation by Ms Athanassia Sykiotou, Professor, Faculty of Law, Democritus University of Thrace, Greece, on the Study on immigration detention practices and the use of alternatives to immigration detention of children, elaborated in the framework of the Parliamentary Campaign to End Immigration Detention of Children; heard presentations by Mr Tomas Bocek, Special Representative of the Council of Europe Secretary General on Migration and Refugees, Ms Regina Jensd6ttir, Head of the Children's Rights Division, Children's Rights Coordinator, Council of Europe and Mr Julien Attuil Kayser, Juvenile Justice Officer, Defence for Children, Belgium, on the Parliamentary Monitoring Guide on "Visiting places where children are deprived of their liberty as a result of migration procedures", elaborated by the Council of Europe's Children Right's Division in the framework of the Parliamentary Campaign to End Immigration Detention of Children; • on Thursday, 12 October 2017 at 8.30 a.m., as regards: Radicalisation of migrants and diaspora communities in Europe (Rapporteur: Ms Sahiba Gafarova, Azerbaijan, EC): heard a statement by the rapporteur on her fact-finding visit to Norway on 21 and 22 September 2017; Ms Sahiba Gafarova (Azerbaijan, EC) in the Chair Young migrants and refugees: heard a communication by Mr Cihan Kilic and Mr Cheick Toure, representatives of Voices of Young Refugees in Europe (VYRE) on the seminar on "Empowering Young Refugees" (9-14 October, European Youth Centre (EYC) Strasbourg), organised by the EYC (Budapest/Strasbourg) and VYRE; Addressing the humanitarian needs of internally displaced persons: recent lessons and future challenges in Europe (Rapporteur: Mr Killion Munyama, Poland, EPP/CD): heard a communication by the rapporteur and held an exchange of views with the participation of Mr Frederik Sundberg, Deputy to the Head of Department for the Execution of Judgments of the European Court of Human Rights, Directorate General of Human Rights and Rule of Law and Mr Eladio Fernandez Galiano, Head of Department for Culture, Nature and Heritage, Directorate General of Democracy, Council of Europe; World Forum for Democracy on "Is populism a problem?" (Strasbourg, 8-10 November 2017): took note of the draft programme; Appointments of rapporteurs for reports: Stop violence and exploitation of migrant children: appointed Mr Andrea Rigoni (Italy, ALOE), '.. subject to the referral of the motion for a resolution to the Committee for report by the Assembly, and heard from him a declaration of absence of conflict of interest; Defining guidelines for international NGOs: appointed Ms Daphne Dumery (Belgium, NR), subject to the referral of the motion for a resolution to the Committee for report by the Assembly, and heard from her a declaration of absence of conflict of interest; 2 AS/Mig (2017) CB 07 Representation of the Committee at various events: Workshop on the External Dimensions of EU Migration Policies: Effectiveness, Fairness and Rule of Law Reconsidered, organised by the University of Salamanca and the Centre for European Policy Studies (CEPS, Brussels) in Salamanca, Spain on 19-20 October 2017: appointed Ms Tineke Strik (Netherlands, SOC) without cost for the Assembly; 3rd meeting of the Ad hoc Committee for the Rights of the Child (CAHENF), 22-24 November 2017, Strasbourg: appointed Ms Doris Fiala (Switzerland, ALOE), subject to the availability of financial resources of the Assembly; International expert conference on "Immigration Detention of Children: Coming to a Close?" organised by the Czech Chairmanship of the Committee of Ministers of the Council of Europe, Prague, 25-26 September 2017: heard a statement by Ms Doris Fiala (Switzerland, ALOE) and Mr Pierre-Ala in Fridez (Switzerland, SOC) Composition of the Sub-Committees: approvedihe following changes: Sub-Committee on Integration • Ms Marie-Christine Verdier-Jouclas (France, NR) to become a titular member Sub-Committee on Refugee and Migrant Children and Young People • Ms Marie-Christine Verdier-Jouclas (France, NR) to become a titular memtler • Mr Jerome Lambert (France, NR) to become a titular member r-· ' Sub-Committee on Co-operation with non-European countries of origin and transit • Ms Marie-Christine Dalloz (France, EPP/CD) to become a titular member • Mr Jerome Lambert (France, NR) to become an alternate member of Mr Bernard Fournier (France, EPP/CD) Next meetings: ' ' • Paris, 8 December 2017 Strasbourg, during the 1st part-session 2018 (22-26 January) .. ' ' ****** The Sub-Committee on Refugee and Migrant Children and Young People, meeting in Strasbourg on 10 October 2017 with Mr Manlio Di Stefano (Italy, NR) in the Chair, as regards: Conference on "Protecting Stateless Persons from Arbitrary Detention" organised by the ' ' European Network on Statelessness (ENS), European Youth Centre, Budapest, 4-5 May 2017: heard a statement by Mr Manlio Di Stefano (Italy, NR); Seminar for National Associations of Local and Regional authorities on the Pact of Towns and ' ' Regions to stop sexual violence against children, and on refugee children and non accompanied minors organised by the Congress of Local and Regional Authorities of the Council of Europe, Belgrade, 13 June 2017: heard a statement by Mr Manlio DiStefano (Italy, NR); ___ .Activities__ of-the-CounciLof_Europe's youth_ sector_with_y:oung.refugees: __ beld_an_excbange_oL __ _ views with Ms Antje Rothemund, Head of the Council of Europe Youth Department and Mr Matthew Johnson, Director, Directorate of Democratic Citizenship and participation, DG II; Activities of the Sub-Committee in 2018: heard a communication by the Chairperson of the Sub Committee and agreed to organise a joint meeting with the Youth Department during one of their relevant events in 2018; Next meeting: during the January part-session 2018. ~ I ****** ! I 3 AS/Mig (2017) CB 07 The Sub-Committee on Co-operation with non-European countries of origin and transit, meeting in Strasbourg on 12 October 2017, with Mr Andrea Rigoni (Italy, ALOE) in the Chair, as regards: Follow-up to the Launching Conference of the Parliamentary Network on Dlaspora Policies (Lisbon, 7-8 September 2017)~ heard a communication by the Chairperson of the Sub-Committee and agreed to write a letter to the Moroccan Partner for Democracy Delegation enquiring about the possibility of hosting the next regional meeting of the Network in Morocco, subject to the authorisation of the Bureau; approved the conclusions of the conference; Next meeting: during the January part-session 2018. Agnieszka Nachilo, Penelope Denu, Rudiger Dassow, Olga Kostenko cc: Secretary General of the Assembly Director General, Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 4 SECRETARIAT AS/Cult (2017) CB 07rev 17 October 201 7 To the members of the Committee on Culture, Science, Education and Media Synopsis of the meeting held in Strasbourg on 9,10 and 12 October 2017 The Committee on Culture, Science, Education and Media, meeting in Strasbourg with Mr Volodymyr Ariev (Ukraine, EPP/CD), Mr Luis Leite Ramos (Portugal, EPP/CD), Mr Raphael Cornie (Switzerland, ALDE), first vice-chairperson, and Alexander the Earl of Dundee (United Kingdom, EC), second vice chairperson, in the Chair, • on Monday 9 October 2017 from 2 pm to 3 pm, as regards: I L References to the committee and appointment of rapporteurs: appointed Mr Andres Herkel (Estonia, EPP/CD) rapporteur, following the reference for report under urgent procedure: "The new Ukrainian Jaw on education: a major impediment to the teaching of national minorities' mother tongues" and heard his declaration of absence of conflict of interests; World Forum for Democracy- Strasbourg, 8-10 November 2017: took note of new draft programme of the next forum on the theme "Is Populism a problem?" and designated Ms Rozsa Hoffmann, (Hungary, EPP/CD) to be appointed to the ad hoc Committee of the Bureau of the Assembly; Media freedom as a condition for democratic elections (Rapporteur: Ms GillsOn Bilgehan, Turkey, SOC): considered an introductory memorandum; ~ ' • Tuesday 10 October 2017 from 8.30 am to 10 am, as regards: The new Ukrainian law on education: a major impediment to the teaching of national minorities' ' ' mother tongues [urgent procedure] (Rapporteur: Mr Andres Herke/, Estonia, EPP/CD): adopted a draft resolution and approved a report; • Tuesday 10 October 2017 from 2 pm to 3.30 pm, as regards: Joint meeting with the Committee on Migration, Refugees and Displaced Persons: held a joint hearing on "Migrants and media" with the participation of Mr Marco Nassivera, Director of Communications, ARTE, Strasbourg, France, Mr Robert McNeil, Head of Media and Communications, Migration Observatory, University of Oxford, United Kingdom and Mr Tom Law, Director of Campaigns and Communications, Ethical Journalism Network, London, United Kingdom; ' ' I I • Thursday 12 October 2017 from 8.30 am to 10 am, as regards: Urgent debate: The new Ukrainian law on education: a major impediment to the teaching of national minorities' mother tongues (Rapporteur: Mr Andres Herkel, Estonia, EPP/00): took position on 14 written amendments and 1 oral amendment to the draft resolution; • Thursday 12 October 2017 from 2 pm to 3 pm, as regards: Youth against corruption Rapporteur (Rapporteur: Ms Eleonora Cimbro, Italy, SOC): in the absence of the rapporteur, took position on 1 amendment to the draft resolution; Good football governance (Rapporteur: Ms Anne Brasseur, Luxembourg, ALOE): considered a preliminary draft report; Deliberate destruction and illegal trafficking of cultural heritage (Rapporteur: Mr Stefan Schennach, Austria, SOC): considered an information memorandum and heard a statement by the rapporteur on his visits to the United Kingdom and Greece; References to the committee and appointment of rapporteurs: concerning the reference for consultation of the committee on possible follow-up to the motion on "Strengthening the link between popular sports events and cultural heritage", confirmed its decision to ask to the Bureau to be seized for report; Committee work programme Designation of representatives for forthcoming events: designated, subject to the availability of funds: • Ms Adele Gambaro (Italy, FDG) Rapporteur for the Museum Prize, European Museum Forum Jury in Warsaw, Poland (17-18 November 2017); • Mr Mogens Jensen (Denmark, SOC) Rapporteur on "Working towards a framework for modern sports governance" to attend the 1Oth edition of world conference, Play the Game 2017 "Riding waves of changes", Eindhoven, Netherlands, (27-28 November 2017); • Mr Suat bnal (Turkey, EC) Committee Representative to the European Commission against Racism and Intolerance- ECRI, to attend the 74th plenary meeting of the ECRI, Strasbourg (5-8 December 2017); Membership of sub-committees, approved the following changes: Sub-Committee on Culture, Diversity and Heritage: - Mr Bertrand SORRE becomes a full member Sub-Committee on Education, Youth and Sport: - Mr Bertrand SORRE becomes a full member - Mr Fn§deric REISS becomes a full member Sub-Committee on Media and Information Society: - Mr Olivier BECHT becomes a full member - Mr Adrien TAQUET becomes a full member 2 Next meetings Meetings of the Committee: • Budapest, 4-5 December 2017 • Strasbourg, 1" part-session (22-26 January 2018} • Paris, 22 March 2018 (to be confirmed) • Strasbourg, 2"d part-session (23-27 April 2018} • Paris, 25 May 2018 (to be confirmed) • Strasbourg, 3"' part-session (25-29 June 2018} • Tbilisi, September 2018 (dates to be confirmed) • Strasbourg, 41h part-session (8-12 October 2018} • Paris, 6-7 December 2018 (to be confirmed) Meeting of the Sub-Committee on Media and Information Society • Budapest, 6 December 2017 Roberto Fasino, lvi-Triin Odrats, Eugen Cibotaru cc: Secretary General of the Assembly Director General, Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly r, Secretaries of observer and partner for democracy delegations Secretary General of the Congress I 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 .' '' l I 3 lL£?- Parliamentary Assembly ;~~ Assemblee parlementaire ~~~ ~==:=--~!~!liiii!IMMMMM-MMMM!Illlillllllillllii!IMM!Il&HIIlii!IMMMiilll CONSEIL DE ~EUROPE SECRETARIAT ASIEga/CB (2017) 07 13 October 2017 To the members of the Committee on Equality and Non-Discrimination Synopsis of the meeting held in Strasbourg from 9 to 12 October 2017 l. The Committee on Equality and Non-Discrimination, meeting in Strasbourg from 9 to 12 October 2017, Monday 9 October 2017, from 2pm to 3pm: with Ms Elena Centemero (Italy, EPP/CD) and Ms Stella Kyriakides (Cyprus, EPP/CD), Chairperson of the Committee on Social Affairs, Health and Sustainable Development, in the Chair, as regards: r Women in public space: held a joint hearing with the Committee on Social Affairs, Health and Sustainable Development on "Women and breast cancer" with the participation of Ms Donata Lerda, European Commission Initiative on Breast Cancer (ECIBC), Joint Research Centre, and Ms Elizabeth Bergsten Nordstrom, President of the Swedish Breast Cancer Association and Former President of Europa Donna, European Breast Cancer Coalition (Sweden); • Tuesday 10 October 2017, from 8.30 to 10am: with Ms Elena Centemero (Italy, EPP/CD), in the Chair, as regards: Work programme: draft terms of reference of a General Rapporteur on Women in politics: decided to continue the discussion on this issue at its next meeting; appointed: ' ' Ms GOlsOn Bilgehan (Turkey, SOC) as General Rapporteur on violence against women, Ms Gabriela Heinrich (Germany, SOC) as General Rapporteur on combating racism and intolerance, and heard a declaration of absence of conflict of interest from them, in accordance with Article 13 of the Rules of Procedure of the Assembly; accepted the invitation from the delegation of Romania to hold a meeting of the Sub-Committee on the Rights of Minorities in Bucharest on 21 November 2017 (subject to the authorisation of the ------aureau-ot-the-Assembly);------ Women in the economy: promoting gender equality and women's access to STEM education and careers (science, technology, engineering and maths) (Rapporteur: Ms Elena Centemero, Italy, EPP/CD): held a hearing with the participation of Ms Kathleen Noonan, Director, Philanthropies & Education Communications, Microsoft Europe, and Mr Julian Lambertin, Managing Director Europe, Middle-East and Africa (EMEA), KRC Research, Cologne; '0 I This document is available on the Parliamentary Assembly Extranet website (restricted area for PACE Members) http://assemblv.coe.int/extranet I I AS/Ega/CB (2017) 07 Gender equality and child maintenance (Rapporteur: Ms Gisela Wurm, Austria, SOC) : held a hearing with the participation of Ms Sumi Rabindrakumar, Research Officer, Gingerbread, London, and Ms Amalia Fernandez, Doyague, Attorney, Chair of the Association of Women Lawyers "Them is", Madrid; • Thursday 12 October 2017, from 2 to 3pm: with Ms Rozsa Hoffmann (Hungary, EPP/CD), second Vice-Chairperson, in the Chair, as regards: Promoting the human rights of and eliminating discrimination against intersex people (Rapporteur: Mr Piet De Bruyn, Belgium, NR): took position on 6 amendments tabled to the draft resolution and asked the Chairperson to propose that the amendment unanimously approved be declared as adopted by the Assembly, in accordance with Rule 34.11 of the Rules of the Assembly; Growing hate speech and the role of political leaders in fighting hate crime: follow-up to ECRI recommendations (Rapporteur: Elvira Kovacs, Serbia, EPP!CD): considered an introductory memorandum; Promoting diversity and equality in politics (Rapporteur: Mr Killion Munyama, Poland, EPPICD): considered an introductory memorandum; World Forum for Democracy: appointed Ms GOlsOn Bilgehan (Turkey, SOC) as member to the ad hoc committee of the Bureau of the Assembly to participate in the World Forum for Democracy which will take place from 8 to 10 November 2017 in Strasbourg (at no cost to the Assembly), in addition to the members appointed on 19 May and 27 June 2017; Work programme: appointed Mr Pie! De Bruyn (Belgium, NR) as Rapporteur for report on Alleged extreme discrimination and crimes against homosexuals in the Chechen Republic (Russian Federation), and heard from him a declaration of absence of conflict of interest; Ms Angela Smith (United Kingdom, 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"?, subject to hear from her a declaration of absence of conflict of interest at a next meeting; Sub-Committees: approved the following changes in the composition of the sub-committees: Sub-Committee on the Rights of Minorities: Mr Gabor Harangoz6 (Hungary, SOC) became full member and Mr Jerome Lambert (France, SOC) became substitute member of Ms Josette Durrieu (France, SOC); Sub-Committee on Gender Equality: Ms Berangere Poletti (France, NR) became substitute member of Ms Maryvonne Blondin (France, SOC); - Sub-Committee on Disability and Multiple and Intersectional Discrimination: Ms Albane Gaillot (France, NR) became full member; Appointment of representatives: appointed Ms Elena Centemero (Italy, EPP/CD) in her capacity as Chairperson of the Committee and Ms GOlsOn Bilgehan {Turkey, SOC) in her capacity as General Rapporteur on violence against women to participate in the Inter-parliamentary Committee Meeting of the European Parliament organised on the occasion of the International Day for the Elimination of Violence against Women 2017 on "The Istanbul Convention: combating violence against women at national and EU level", to be held in Brussels on 21 November 2017 (subject to the availability of funds); Other business: authorised Ms Gabriela Heinrich (Germany, SOC) to carry-out a fact-finding visit on 2-3 November 2017 to Milan (Italy), in the framework of the preparation of her report on "Migration from a gender perspective: empowering women as key actors for integration" ; 2 AS/Ega/CB (2017) 07 Next meetings: Plenary Committee: Paris, 7 December 2017 (Council of Europe office); Strasbourg, during the 1'1 part-session 2018 of the Assembly (22-26 January) Copenhagen, 1-2 March 2018 (subject to the authorisation of the Bureau of the Assembly). Sub Committee on the Rights of Minorities: Bucharest, 21 November 2017 (subjectto the authorisation of the Bureau of the Assembly). ***** The Parliamentary Network Women Free From Violence, meeting in Strasbourg, on Wednesday 11 October 2017 from 2.30 to 3.30 pm, with Ms Gulsun Bilgehan (Turkey, SOC) in the Chair, as regards: Shelters for victims of gender-based violence: held a hearing with the participation of Ms Anne Marie Von Arx-Vernon, Former Director of the accommodation centre "Le Coeur des grottes" and expert on action against trafficking in human beings, Geneva, and Ms Rosa Logar, President and Co Founder of Women against Violence Europe (WAVE). ***** The Sub-Committee on the Rights of Minorities, meeting in Strasbourg, on 12 October 2017 from 8.30 to I~· 9 am, with Mr Damien Thiery (Belgium, ALDE) in the Chair, as regards: Promoting the rights of persons belonging to national minorities: proceeded with a preliminary examination of replies received to the questionnaire sent to the eight Council of Europe member States that are not parties to the Framework Convention for the Protection of National Minorities (Andorra, Belgium, France, Greece, Iceland, Luxembourg, Monaco, Turkey); Next meeting: confirmed its next meeting as follows: Bucharest, 21 November 2017 (subject to the authorisation of the Bureau of the Assembly). ~· ***** The Sub-Committee on Gender Equality meeting in Strasbourg, on 12 October 2017 from 9 to 10 am, with Mr Manuel Tornare (Switzerland, SOC), oldest member present, and Ms Martine Mergen (Luxembourg, EPP/CD), Chairperson of the Sub-Committee on Public Health and Sustainable Development, in the Chair, as regards: ' ' "European Contraception Atlas": held a joint hearing with the Sub-Committee on Public Health and Sustainable Development (of the Committee on Social Affairs, Health and Sustainable Development), with the participation of Ms Marina Davidashvili, Senior Policy Officer, European Parliamentary Forum on Population and Development, Brussels; " Next meeting: left it to its Chairperson to propose the date and place of the next meeting. Elise Cornu, Sarah Burton, Giorgio Loddo, Geraldine Grenet, Nina Thiery Copy to: Secretary General of the Assembly Director General, Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe ~ I . 3