Progress report of the Bureau of the Assembly and of the Standing Committee (27 June-29 September 2008
Progress report
| Doc. 11720
| 27 September 2008
Part I
1 Introduction
1. The Bureau met on 27 June in Strasbourg, and on 5
September in Paris.
2 Functioning of the Assembly
2.1 Progress report of the Bureau of the Assembly
and of the Standing Committee (27 June-29 September 2008)
2. On 27 June, the Bureau appointed Mr Kyprianou (Cyprus,
UEL) as rapporteur.
2.2 Follow-up to the third part of the 2008 Ordinary
Session (Strasbourg, 23-27 June 2008)
2.2.1 Questions to the Committee of Ministers
3. On 27 June, the Bureau, in accordance with Rule 66
of the Rules of Procedure of the Assembly, agreed to consult the
Committee on Rules of Procedure, Immunities and Institutional Affairs
with a view to a possible modification of Rule 58 of the Rules of
Procedure.
.1 Resolution 1618 (2008) on state of democracy in
Europe – Measures to improve the democratic participation of migrants
4. On 27 June, the Bureau agreed to consult the Committee on
Rules of Procedure, Immunities and Institutional Affairs on Rule
15 of the resolution and whether any steps could be taken to ensure
a better representation of those of migrant origin in the membership
of the Assembly.
2.3 Fourth part of the 2008 Ordinary Session (Strasbourg,
29 September-3 October 2008)
5. On 27 June, the Bureau drew up the preliminary draft
agenda.
6. On 5 September, the Bureau updated the draft agenda for the
part-session and proposed to refer the report on the situation in
Cyprus to the Committee on Legal Affairs and Human Rights, for opinion.
2.4 April 2009 part-session
7. On 27 June, subject to approval by the Assembly,
the Bureau proposed to change the dates of the April 2009 part-session
to 27 to 30 April 2009 (instead of from 20 to 24 April as originally
foreseen).
2.5 References and transmissions to committees
8. On 27 June, the Bureau approved the following references
and modifications of references, which were ratified by the Assembly
later that day:
2.5.1 References to committees
Motion for a resolution presented by Ms Pashayeva and others
The gravest security threat to South Caucasus, to the Committee
on the Honouring of Obligations and Commitments by Member States
of the Council of Europe (Monitoring Committee), for information
Motion for a recommendation presented by Mr Wille and others
Protecting financial aid granted by Council of Europe member
countries to poor countries against the financial funds known as
“vulture funds”, to the Committee on Economic Affairs and Development, for report
Motion for a recommendation presented by Mr Vrettos and others
Wealth, welfare and well-being: how to reconcile them in a
changing Europe?, to the Committee on Economic Affairs and Development, for report
Motion for a recommendation presented by Mr Wille and others
The wage gap between women and men, to the Committee on Equal
Opportunities for Women and Men, for report,
and the Committee on Economic Affairs and Development, for opinion
Motion for a recommendation presented by Mrs Memecan and others
Migrant women: at particular risk of domestic violence, to
the Committee on Equal Opportunities for Women and Men, for report at the Standing Committee,
and the Committee on Migration, Refugees and Population, for opinion
Motion for a resolution presented by Mr Jakavonis and others
Forests: the future of our planet, to the Committee on the
Environment, Agriculture and Local and Regional Affairs, to take it into account in the preparation
of the report on “The challenges posed by climate change” (Doc. 11581 – Reference No. 3447)
Motion for a resolution presented by Mr Grignon and others
Protecting innovation and consumers in Europe, to the Committee
on Economic Affairs and Development, for report
2.5.2 Extension of a reference
Motion for a recommendation presented by Mrs Mendonça and
others
Detention of asylum seekers and irregular migrants in Europe,
until 31 December 2009
2.5.3 Consultation of a committee a. Doc. 11633
Motion for a recommendation presented by Mrs Smet and others
Cases of sexual violence against women in the east of the
Democratic Republic of Congo, consultation of the Committee on Equal
Opportunities for Women and Men, on a
possible follow-up
2.6 Georgia-Russia conflict (see Appendix II)
9. On 5 September, the Bureau:
a was informed about the action undertaken by the President
since the start of the conflict;
b held an exchange of views with the chairpersons of the
Georgian and Russian parliamentary delegations to the Assembly;
c decided, on the basis of a unanimous proposal submitted
by the five chairpersons of the Assembly’s political groups, on
behalf of their groups, to recommend to the Assembly to hold a debate
under urgent procedure during the following part-session on “Consequences
of the war between Georgia and Russia”; and proposed to refer this
matter to the Monitoring Committee, for
report, and to the Political Affairs Committee, the Committee
on Legal Affairs and Human Rights and the Committee on Migration, Refugees
and Population, for opinion;
d set up an ad hoc committee to study the situation on the
ground in Russia and Georgia from 21 to 26 September 2008, composed
of the co-rapporteurs of the Monitoring Committee for Georgia and
Russia, the Chairperson of the Political Affairs Committee and the
Chairperson of the Committee on Migration, Refugees and Population,
and the chairpersons of the political groups or their representatives
and chaired by Mr Van den Brande in his capacity as chairperson
of the Assembly’s largest political group.
2.7 Forum for the Future of Democracy (Madrid, 15-17
October 2008)
10. On 27 June, the Bureau took note of the preliminary
draft programme and of the composition of the ad hoc committee for
the forum.
11. On 5 September, the Bureau took note of the draft programme
for the forum.
2.8 Debate on the state of human rights and democracy
in Europe
12. On 5 September, the Bureau took note of a document
prepared by the secretariat entitled “The evaluation of the 2008
debate on the state of democracy and lessons to be drawn for the
2009 debate on the state of human rights”, and decided to come back
to this item at a future meeting.
2.9 Parliamentary Assembly Human Rights Prize
13. On 27 June, the Bureau decided to postpone the decision
on this item until its next meeting.
14. On 5 September, the Bureau appointed the following four independent
experts to sit on the jury:
a Mr Pieter
van Dijk, Netherlands, Chairperson of the Department of Administrative
Justice of the Council of State, former judge at the European Court
of Human Rights;
b Mrs Irene Khan, Bangladesh, Secretary General of Amnesty
International;
c Mr Marek Antoni Nowicki, Poland, President of the Helsinki
Foundation for Human Rights, former International Ombudsman in Kosovo
on appointment by the UN;
d Mrs Gaby Vermot-Mangold, Switzerland, former member of
the Assembly.
2.10 Follow-up to Resolution 1593 (2007) on the Parliamentary Assembly “Gender Equality Prize”
15. On 27 June, the Bureau took note of the rules for
the prize as approved by the Committee on Equal Opportunities for
Women and Men.
2.11 Composition of the Committee on Rules of Procedure,
Immunities and Institutional Affairs
16. On 5 September, the Bureau approved Mr Huseynov (Azerbaijan)
as a new member, as proposed by the EDG group, for ratification
by the Assembly.
2.12 Appointments of Assembly representatives for official
activities
17. On 5 September, in reply to formal invitations, the
Bureau took the following decisions:
a Mrs Jonker
(Netherlands, EPP/CD): Joint Parliamentary Meeting on Europe: Migration
and Integration, Brussels (Belgium), 10-11 September 2008;
b Mr Gardetto (Monaco, EPP/CD): OSCE Parliamentary Assembly
fall meeting, Toronto (Canada), 18-21 September 2008;
c Mrs Pourbaix-Lundin (Sweden, EPP/CD): Seminar on Systematic
Work for Human Rights, Stockholm (Sweden), 6 October 2008 (no cost
for the Assembly);
d Mr Mignon (France, EPP/CD): 1st World Policy Conference,
Evian (France), 6-8 October 2008;
e Mr Austin (United Kingdom, SOC): 119th Assembly of the
Inter-Parliamentary Union, Geneva (Switzerland), 13-15 October 2008;
f Mr Wille (Belgium, ALDE): Forum of Foreign Ministers of
Muslim and Western Countries on the theme of “Common world: progress
through diversity”, Astana (Kazakhstan), 17 October 2008;
g Mr Pavlidis (Greece, EPP/CD): Colloquy on the European
Constitutional Treaty and Representative, Participative Democracy,
Athens (Greece), 18 October 2008;
h Mrs Brasseur (Luxembourg, ALDE): 4th Ministerial Seminar
on Teaching Remembrance: for a Europe of Freedom and Rule of Law,
Nuremberg (Germany), 5-7 November 2008;
i Mr Wodarg (Germany, SOC): Forum on the Principle of Universality
of Human Rights and its Implementation at International and Regional
Level, Lisbon (Portugal), 10-11 November 2008.
2.13 Meetings elsewhere than in Strasbourg or Paris
18. On 27 June, the Bureau authorised the following meetings:
a Committee on the Environment, Agriculture
and Local and Regional Affairs: Madrid and Zaragoza (Spain), 8-9
September 2008;
b Sub-Committee on the Europe Prize (of the Committee on
the Environment, Agriculture and Local and Regional Affairs): Katowice
(Poland), 13 September 2008;
c Sub-Committee on International Relations (of the Committee
on Economic Affairs and Development): Geneva (Switzerland), 11-12
September 2008;
d Sub-Committee on Youth and Sport (of the Committee on
Culture, Science and Education): Kyiv (Ukraine), 10-11 October 2008;
e Sub-Committee on Cultural Heritage (of the Committee on
Culture, Science and Education): Brussels (Belgium), 23-25 October
2008;
f Committee on Legal Affairs and Human Rights: Moscow (Russian
Federation), 10-11 November 2008;
g Committee on Migration, Refugees and Population: Geneva
(Switzerland), 25-26 November 2008.
19. On 5 September, the Bureau authorised the following meetings:
a Ad hoc Sub-Committee (of the Committee
on Culture, Science and Education): Praia (Cape Verde), 1618 October
2008;
b Sub-Committee on External Relations (of the Political
Affairs Committee): New York (United States of America), 20-22 October
2008;
c Social, Health and Family Affairs Committee: Lisbon (Portugal),
27-28 October 2008;
d Committee on Economic Affairs and Development: London
(United Kingdom, EBRD), 22-23 January 2009.
3 Relations with other bodies of the Council of
Europe
3.1 Committee of Ministers
3.1.1 Joint Committee (Thursday 2 October at 6.30 p.m.)
20. On 5 September, the Bureau agreed to include the
item “Consequences of the war between Russia and Georgia” as the
only item on the agenda.
3.2 European Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (CPT)
21. On 27 June, the Bureau approved, in the order recommended
by the Committee on Legal Affairs and Human Rights, the following
list of candidates in respect of Slovakia, for transmission to the
Committee of Ministers:
- Mr Ladislav
Getlík;
- Mr Peter Kováč;
- Mrs Anna Lamperová.
4 Relations with other international organisations
4.1 Co-operation with the European Parliament
4.1.1 Meeting between the Assembly’s Presidential Committee
and the Conference of Presidents of the European Parliament (Brussels,
28 August 2008)
22. On 27 June, the Bureau took note that a meeting would
take place between the Presidential Committee of the Assembly and
the Conference of Presidents of the European Parliament in Brussels
on 28 August 2008 and decided to suggest the following topics for
discussion: the situation in the South Caucasus; in Belarus; and in
Turkey.
23. On 5 September, the Bureau was informed of the conclusions
of the meeting between the Presidential Committee of the Assembly
and the Conference of Presidents of the European Parliament, which
took place in Brussels on 28 August 2008.
5 Elections
5.1 Parliamentary elections in Belarus (28 September
2008)
24. On 5 September, the Bureau decided not to observe
these elections unless an invitation was received, in which case
an ad hoc committee would be set up composed of one member of each
political group.
5.2 Senatorial elections in Kazakhstan (4 October
2008)
25. On 5 September, the Bureau decided to observe these
elections and set up an ad hoc committee composed of one member
of each political group
5.3 Presidential election in Azerbaijan (15 October
2008)
26. On 27 June, the Bureau approved the composition of
the ad hoc committee to observe this election as well as the pre-electoral
mission, and appointed Mr Herkel (Estonia, EPP/CD) as chairperson.
5.4 . Post-electoral missions
27. On 27 June the Bureau authorised post-electoral missions
in “the former Yugoslav Republic of Macedonia” and in Georgia.
28. On 5 September, the Bureau approved the report of the ad hoc
committee on the post-electoral mission in “the former Yugoslav
Republic of Macedonia” (15-16 July 2008).
6 Other matters
6.1 Third Summer University for Democracy (Strasbourg,
30 June-4 July 2008)
29. On 5 September, the Bureau took note of the final
declaration.
6.2 3rd World Holocaust Forum commemorating the seventy
years since the Kristallnacht
30. On 5 September, the Bureau decided to set up an ad
hoc committee composed of 30 members representing the political
groups according to the D’Hondt system, in order to participate
in the meeting in Brussels on 10 November 2008 on the occasion of
the European Day of Tolerance.
6.3 Communications
31. On 27 June, the Bureau took note of the communications
by the President of the Assembly, the Secretary General and the
Deputy Secretary General of the Council of Europe; and the Secretary
General of the Parliamentary Assembly.
32. On 5 September, the Bureau took note of the communications
by the President of the Assembly, the Secretary General and the
Deputy Secretary General of the Council of Europe, as well as the
Secretary General of the Assembly.
Appendix I
On 5 September, the Bureau approved the following references
and modifications of references, subject to ratification by the
Assembly:
i. References to committees
Motion for a resolution presented by Mr Hancock and others
Regular monitoring of the living conditions provided to children
with mental and physical disabilities living in institutions, to
the Social, Health and Family Affairs Committee, for information
Motion for a resolution presented by Mr Boswell and others
Threat to Democracy and Human Rights in Zimbabwe, to the Political
Affairs Committee, for information
Motion for a resolution presented by Mrs Cliveti and others
Social measures, education and rehabilitation of young offenders,
to the Social, Health and Family Affairs Committee, for report
Motion for a resolution presented by Mr MacShane and others
Article 301 of the Turkish Penal Code: the case of Ragip Zarakolu,
to the Committee on the Honouring of Obligations and Commitments
by Member States of the Council of Europe (Monitoring Committee), for information in the framework of its post-monitoring
dialogue with Turkey
Motion for a resolution presented by Mrs Err and others
Requiring a minimum of 30% of each sex on the Assembly’s delegations,
consultation of the Committee on Rules of Procedure, Immunities
and Institutional Affairs, on the possible
follow-up
Motion for a resolution presented by Mr Clappison and others
The right to freedom of religion in Algeria: the case of Habiba
Konida, to the Political Affairs Committee, for information
Motion for a resolution presented by Mr Béteille and others
Promoting a prevention policy against gaming addiction and
combating cybercriminality related to online betting and gaming,
to the Social, Health and Family Affairs Committee, for report at the Standing Committee
ii. Request to extend a reference
Motion for a resolution presented by Mr Txueka and others
The situation of human rights defenders in Council of Europe
member states
Reference No. 3281 of 6 October 2006 – validity: 6 October
2008, extension until 31 January 2009.
Appendix II – AS/Bur(2008)65
27 August 2008
Bureau of the Assembly
Conflict in Georgia
1. Fact-finding visit of the co-rapporteurs,
MM. Mátyás Eörsi and Kastriot Islami, to Georgia, 18-21 August 2008.
2. Fact-finding visit of the co-rapporteur, Mr Luc Van den Brande,
to Russia, 20-22 August 2008.
1. Visit of the co-rapporteurs to Georgia, 18-21
August 2008
a. Mission report
3. We visited Georgia on 19 and 20 August 2008 in the
wake of the outbreak of the military conflict between Georgia and
the Russian Federation over the Georgian breakaway region of South
Ossetia. Our aim was to get an understanding of the political and
human rights situation on the ground and to assess the implementation
of the ceasefire agreement between Georgia and the Russian Federation
that was brokered by President Sarkozy of France on behalf of the
European Union.
4. During our visit we met with the President of the Republic,
the Speaker of the Parliament, the Deputy Ministers for Foreign
Affairs, the Interior and Defence, the members of the national delegation
of Georgia to the PACE, as well as members of the civil society
and the international community in Georgia. In addition, we made
a visit, jointly with the Ambassador of the European Union in Georgia,
to the city of Gori, which is situated south of the conflict zone,
and which was, at the time of our visit, under occupation by the
Russian army. The statement we made at the end of our visit is attached
to this memorandum.
5. We would like to thank the Georgian authorities, as well as
the Special Representative of the Secretary General of the Council
of Europe, for the excellent organisation of the programme at such
short notice and under such difficult circumstances.
6. On 8 August 2008, after several weeks of escalating tensions
and violent skirmishes, the Georgian authorities decided to launch
a military assault against the armed separatist forces in the Georgian
breakaway region of South Ossetia. According to the Georgian authorities,
the attack by armed South Ossetian separatists against Georgian
villages, the ethnic cleansing in South Ossetia and the rapidly
deteriorating security situation in that region started to undermine
the stability of the country and its government to such an extent
that armed intervention was unavoidable.
7. The Georgian arguments are strongly contested by the Russian
authorities. As the exact circumstances that led to the armed intervention
by Georgian troops are difficult to establish under the current
conditions, they should be subjected to an independent and unbiased
international investigation after the conditions of the ceasefire
agreement have been implemented. We welcome the explicit agreement
of the Georgian authorities to such an investigation as soon as
the ceasefire conditions have been met.
8. In reaction to the Georgian intervention, Russian troops stationed
as peacekeepers in South Ossetia, reinforced with Russian troops
from the Northern Caucasus, launched a full-scale counter offensive
against Georgia, not only inside the South Ossetian conflict zone,
but deep inside Georgia, which resulted in the military occupation
of a large part of Georgia territory by Russia by the time a ceasefire
agreement was reached.
9. Whatever the circumstances that led to the armed intervention
in the South Ossetian region, nothing can justify the disproportionate
military force used by Russia in response. This disproportionate
use of force is incompatible with the principles and role of peace
keeping and made Russia a de facto party to the conflict. Furthermore,
the military action by Russian troops far outside the conflict zone
– including the bombing of Poti, a major Georgian harbour situated
several hundreds of kilometres from South Ossetia – and the occupation
of a significant part of Georgia’s territory by Russia, in clear
violation of Georgia’s territorial integrity, is both unacceptable
and unjustifiable.
10. In this context, we are especially concerned by the wanton
destruction of Georgian economic infrastructure by the Russian military.
During our stay, Russian troops reoccupied Poti and destroyed a
large part of its harbour infrastructure, including in the civilian
port. Moreover, we received credible reports from members of the
international community that train lines and bridges were being
mined or destroyed and that attacks had taken place against the
oil pipeline that runs from Azerbaijan to Turkey through Georgia
(the BTC pipeline).
11. There is no military justification for the destruction of
the economic infrastructure of Georgia. Taken into account the openly
admitted goal of the Russian authorities to change the democratically
elected regime in Tbilisi, it can only be seen as a direct attack
against Georgia’s sovereignty, in contradiction of international norms
and principles and clearly in violation of Russia’s commitments
to the Council of Europe.
12. During our visit to Gori, we could see the extent of the Russian
occupation of Georgia. The first Russian roadblock was situated
approximately 35 kilometres from Tbilisi, on the main east-west
transport artery. After this point, we could only travel with the
agreement of the Russian military command.
13. An issue of major concern is the human rights situation in
the territories that are under Russian occupation. At the outset
of the war, Georgia filed an application with the European Court
of Human Rights alleging violations of Articles 2 and 3 of the ECHR
as well as Article 1 of Protocol No. 1 to the Convention. At the
request of the Georgian authorities, the President of the Court
decided to apply Rule 39, considering that the current situation
gives rise to a real and continuing risk of serious violations of
the Convention.
14. Extensive looting was reported in the wake of the military
occupation. This seemed to be confirmed by our own findings during
our visit to Gori, where we saw little military destruction but
significant residential and commercial areas that appeared to be
looted. More worrying are the credible reports, including by Human Rights
Watch, of large-scale ethnic cleansing of the Georgian areas in
South Ossetia. Although Russian troops are not directly implicated
in the ethnic cleansing itself, they are reportedly doing nothing
to stop these actions by South Ossetian paramilitary forces.
15. We would like to stress that, under international law, Russia,
as the occupying force, bears full responsibility for the safety,
well-being and protection of human rights of all citizens in the
territories under its control. We therefore called upon the Russian
authorities to ensure an immediate end to all human rights abuses
and ethnic cleansing. Furthermore, all human rights violations and
possible war crimes should be fully and credibly investigated, with
full respect for Council of Europe standards; those responsible,
including those at the highest level, should be punished in accordance
with the law.
16. At the time of our visit, a main issue was the compliance
of the Russian military forces with the terms of the ceasefire agreement.
Despite the assurances by President Medvedev that Russian troops
would withdraw from areas outside the conflict zone, no signs of
troop withdrawals were visible at the time of our visit. During our
meeting with him, the Military Commander of Russia in Georgia assured
us that troop withdrawals would be completed by 25 August and that
there were no military or logistical obstacles to do so by that
date.
17. A main issue of concern was and continues to be Russia’s insistence
to maintain troops in Georgia outside the conflict zone, which is
not in line with the terms of the ceasefire agreement brokered by
the EU Presidency, which foresees the withdrawal of troops by all
conflicting parties to their pre-conflict positions. Moreover, according
to the ceasefire agreement, a limited Russian presence in a very
limited buffer zone around South Ossetia would as soon as possible
be replaced by independent European troops. The insistence of Russia
to keep troops in an extended area on the territory of Georgia is
all the more worrisome as this would bring main east-west and north-south
transport corridors in Georgia under Russian control, which is clearly unacceptable
as it would severely undermine Georgia’s sovereignty.
18. Although the conflict erupted over South Ossetia, Abkhaz armed
separatists, reportedly with the help of Russian troops, drove the
Georgian troops out of the Kodori gorge bringing the entire Abkhaz
region under the control of separatist forces.
19. The conflict resulted in a large number of internally displaced
persons (IDPs) in Georgia. A significant part of these IDPs originate
from the occupied territories situated outside the conflict zone
itself. During our visit to Gori, one of the areas outside the conflict
zone, which has suffered greatly, we saw that, despite the looting, the
destruction was relatively limited and that the town was ready to
receive its inhabitants. The continuing Russian occupation was,
however, an obstacle to the return of IDPs as it hindered the transport
of humanitarian aid and undermined the necessary sense of safety
and security among the population, especially in the light of the
reported unhindered ethnic cleansing in the conflict zone.
20. Another issue that is affecting and will continue to affect
the return of IDPs is the widespread use of cluster bombs, which
has resulted in large rural areas being contaminated by unexploded
ammunition and which poses an immediate danger to the lives of the
population in those areas. The international community should therefore
provide the Georgian authorities with all the required assistance
to conduct an effective awareness campaign among all citizens living
in or returning to the areas contaminated by cluster bombs. Moreover,
immediate support and expertise should be given to clear those areas
of unexploded ammunition.
21. It is outside the scope of this memorandum to discuss the
possible reaction of the Assembly to the conflict or to the subsequent
unilateral declaration by Russia of the independence of Abkhazia
and South Ossetia. It is, however, clear to us that the disproportionate
use of force and subsequent occupation of part of the sovereign
territory of Georgia by the Russian Federation cannot be accepted
by the Assembly. There should therefore be no business as usual
until Russia has fully complied with the terms of the ceasefire agreement,
especially with the withdrawal of all of its troops to their pre-conflict
positions. Moreover, any human rights abuses, including the ethnic
cleansing of Georgian villages in South Ossetia, should be fully
investigated and, in line with international law and its commitments
to the Council of Europe, Russia should be held fully responsible
and accountable for any human rights abuses that have occurred on
the territory of Georgia that is under its control, including all
of South Ossetia and Abkhazia.
b. Statement of the co-rapporteurs
The occupation by Russia of a part
of Georgia is unacceptable, according to PACE co-rapporteurs (Strasbourg, 22
August 2008)Note
2. Visit of the co-rapporteur to Russia, 20-22
August 2008
a. Mission report
At the request of the President of the Assembly, I travelled
to Moscow and to North Ossetia from 20 to 22 August 2008 to collect
first-hand information about Russia’s vision of the conflict in
Georgia. Unfortunately, my colleague Mr Pangalos was not available
to join me for this visit. In the same week, the Assembly co-rapporteurs
for Georgia, Mr Eörsi and Mr Islami, paid a visit, from 18 to 21
August, to Georgia, to collect information about Georgia’s vision
of the conflict.
Despite logistical difficulties, I considered it necessary
to travel to North Ossetia to get acquainted with the situation
on the ground and I am grateful to the Russian delegation to the
PACE and to Mr Kosachev personally, for their assistance in the
organisation of this visit.
I have to stress that this visit was organised in a particularly
difficult context. In fact, my visit was the first visit to Russia
of a Council of Europe delegation after the conflict. I gained the
impression from my discussions with the Russian authorities that
they felt that the Council of Europe did not attempt to listen to
their version of the facts. I therefore consider that it is essential
that at this crucial moment our Assembly should show openness to
dialogue with both parties.
In Moscow, I met the Deputy Speaker of the State Duma, Mrs Gerassimova,
the Deputy Speaker of the Council of the Federation, Mr Torshin,
together with a delegation of the members representing the regions
of North Caucasus, the Deputy Minister for Foreign Affairs, State
Secretary Karassin, the Deputy Chief of Staff of the Ministry of
Defence, Mr Nogovitsyn, as well as leading Russian human rights
defenders (representing Human Rights Watch, Memorial and the Moscow
Helsinki Group). I also visited the emergency management centre
of the Ministry of Emergency Situations, where I could observe the
co-ordination of the delivery of humanitarian aid to refugees in
North Ossetia. I was told that 37 000 people came originally to
North Ossetia. At the moment of my visit, some 19 000 had returned
and some 4 000 had been sent to the neighbouring regions of Russia. The
remaining refugees stayed with their families and relatives as well
as in several collective centres.
In North Ossetia, I met the Deputy Speaker of the regional
parliament, Mr Khadikov, and the Deputy Minister of Nationality
Affairs. I also visited one of the remaining collective centres
for refugees located in the municipal district of Digora, where
I had a long discussion with the refugees about their impressions
and vision of the conflict.
Finally, I received a very valuable input for this report
from the Ambassadors of Belgium, Sweden and Finland, as well as
the Chargé d’affaires of the French Embassy and Deputy Chief of
the Delegation of the European Commission, whom I met on Thursday
evening in Moscow, before travelling to North Ossetia.
The conclusions of my meetings could be summarised as follows:
1 The Russian authorities consider
that the start of the conflict was the responsibility of the Georgian authorities.
I gained the impression from my discussions that both sides were
prepared to launch a military operation. However, it transpired
from the information provided to me by the Deputy Chief of Staff of
the Ministry of Defence, Mr Nogovitsyn, that the 58th Army received
the order to enter the Roki tunnel several hours after the beginning
of “the massive and indiscriminate shelling of Tskhinvali”, as a
result of which two Russian soldiers from the peacekeeping battalion
were killed and another two were wounded. In particular, I saw maps
indicating the positions of Georgian and Russian troops before and after
the outbreak of the hostilities. It is important to note that the
Georgian battalion of the Joint Peacekeeping Forces left their positions
on 7 August, around 2.40 p.m., before the shelling and bombing of
Tskhinvali started.
2 It transpired from my discussions, that both sides are
responsible for the use of weapons with indiscriminate effect on
civilians (in particular, the multiple rocket launchers “Grad”).
This is a flagrant violation of international humanitarian law,
which should be condemned and thoroughly investigated by both sides.
I was shocked by the stories of the refugees about “the massive
and indiscriminate shelling and bombing of Tskhinvali with the use
of the ‘Grad’ launchers”. Equally, I condemn the indiscriminate use
of the very same multiple rocket launchers by the 58th Army, as
well as, in general, the disproportionate reaction of the Russian
forces.
3 All allegations of human rights violations and ethnic
cleansing have to be thoroughly investigated by the Russian and
the Georgian authorities as quickly as possible. I consider that
the Russian State Duma and the Council of the Federation should
establish a joint ad hoc inquiry committee for this purpose. I gained
the impression that the leadership of the State Duma and of the
Council of the Federation were already working on this and expect
this committee to be established very soon. I also welcome the involvement
of the Council of Europe Commissioner for Human Rights, Mr Hammarberg,
in the investigation of human rights violations, who has already
paid a visit to the region. It is of utmost importance that both
the Russian and the Georgian authorities provide their citizens
with accurate and non-partisan information about the conflict and,
especially, about the human and material casualties. Truth is a
prerequisite for reconciliation. I would like to warn both parties
of the consequences the manipulation of data and the reference to
allegations of ethnic cleansing and genocide could have.
4 Russia and Georgia have to effectively implement in practice
the six principles of conflict settlement agreed upon with the mediation
of the French President, Nicolas Sarkozy. In particular, in my meetings with
the authorities, I called for the immediate withdrawal of Russian
forces from the territory of Georgia. Indeed, during my stay in
North Ossetia, I saw several groups of Russian military vehicles,
which were allegedly being evacuated from the area of the conflict
by trains to their regular bases. I was not able to check this information.
This being said, I note that by the end of last week the Russian
forces had retreated from most areas outside the administrative
border of South Ossetia, establishing, however, eight checkpoints
within what I was told was “the zone of responsibility of the peacekeeping
forces, according to the 1999 decision of the Joint Control Commission”.
The Russian authorities explained to me that these checkpoints corresponded
to the “additional security measures” provided for in the ceasefire
agreement.
5 Most importantly, I believe that both sides have to resume
dialogue as soon as possible. I trust our Assembly is an appropriate
forum for this and, in my capacity as co-rapporteur for Russia,
I will spare no effort to help the Russian and the Georgian delegations
engage in a dialogue about the next steps to be taken to settle
the conflict. But before we decide on the framework of the dialogue,
we have to collect first-hand information about what actually happened
during this conflict. Therefore, I consider it necessary for our
Assembly to pay another visit to the conflict area. I leave it to
the Bureau of the Assembly to decide on the format of this visit.
After the preparation of this report, on 26 August 2008, President
Medvedev signed the decree recognising the inde pendence of South
Ossetia and Abkhazia, following the adoption, on 25 August, by the
State Duma and by the Council of the Federation of the corresponding
resolutions. I consider that this act is not in accordance with
international law and core Council of Europe principles.
b. Statement of the co-rapporteur
“Russia and Georgia must abide by Council of Europe principles,”
said PACE monitoring co-rapporteur (Strasbourg, 23 August 2008)Note
Part
II
7 Introduction
1. The Bureau met on 29 September
2008 in Strasbourg.
8 Functioning of the Assembly
8.1 Progress report of the Bureau of the Assembly
and of the Standing Committee (27 June-29 September 2008)
2. On 29 September, the Bureau approved the progress
report.
8.2 Fourth part of the 2008 Ordinary Session (Strasbourg,
29 September-3 October 2008)
i. Debate under urgent procedure
a. “Consequences of the war between Georgia and Russia”
(submitted by the five chairpersons of the Assembly’s political
groups, on behalf of their groups)
3. On 29 September, the Bureau confirmed its decision
to recommend to the Assembly to hold a debate under urgent procedure
on this matter and to refer it to the Monitoring Committee for report
and to the Political Affairs Committee, the Committee on Legal Affairs
and Human Rights and the Committee on Migration, Refugees and Population
for opinion.
ii. Current affairs debate
a. “Agrofuels and the food crisis” (submitted by 24 parliamentarians)
4. On 29 September, the Bureau decided to recommend
to the Assembly not to hold a current affairs debate on this matter.
iii. Draft agenda
5. On 29 September, the Bureau approved the updated
draft agenda.
iv. Signatures to motions tabled under Rule
9.1 of the Assembly’s Rules of Procedure
6. On 29 September, the Bureau agreed with the proposal
of the President to consult the Chairperson of the Committee on
Rules of Procedure, Immunities and Institutional Affairs concerning
the possible withdrawal or addition of signatures to motions tabled
under Rule 9.1 of the Assembly’s Rules of Procedure.
v. Election of a judge to the European Court
of Human Rights in respect of Luxembourg
7. On 29 September, the Bureau took note of the report
of the Sub-Committee on the Election of Judges to the European Court
of Human Rights, including the recommendations contained in it,
and decided to forward it to Assembly members.
8.3 Georgia-Russia conflict
8. On 29 September, the Bureau:
a took note of a memorandum prepared by Mr Van den Brande
(Belgium, EPP/CD), Chairperson of the ad hoc committee of the Bureau
to study the situation on the ground in Russia and Georgia from
21 to 26 September 2008 and decided to declassify it (see Doc. 11720
Addendum II);
b held an exchange of views with the chairpersons of the
Georgian and Russian parliamentary delegations to the Assembly.
8.4 Reports by Assembly representatives on their participation
in official activities
9. On 29 September, the Bureau took note of a report
by Mrs Jonker (Netherlands, EPP/CD) on her participation in the
Parliamentary Forum on Economic Migrations, Social Cohesion and
Development held in Kyiv on 5 September 2008 and referred it to
the competent committee for possible follow-up.
9 Relations with other bodies of the Council of
Europe
9.1 Committee of Ministers
i. Joint Committee (Thursday 2 October at 6.30
p.m.)
10. On 29 September, following a proposal of the Ministers’
Deputies, the Bureau agreed to add the item “Date of the election
of the Secretary General of the Council of Europe” to the agenda
of the meeting.
10 Elections
10.1 Senatorial elections in Kazakhstan (4 October
2008)
11. On 29 September, in accordance with point 12 of the
Guidelines on Observation of Elections by the Assembly, the Bureau
decided to cancel the observation mission initially foreseen.
10.2 Presidential election in Azerbaijan (15 October
2008)
12. On 29 September, the Bureau heard a report by Mr Herkel
(Estonia, EPP/CD), chairperson of the ad hoc committee that had
carried out a pre-electoral mission from 15 to 19 September 2008,
and took note of a press release.
Appendix
On 29 September, the Bureau approved the following references
and modifications of references, subject to ratification by the
Assembly:
i. References to committees
Motion for a resolution presented by Mr Jacquat and others
Promoting active ageing – Capitalising on older people’s working
potential, to the Social, Health and Family Affairs Committee, for report
Motion for a resolution presented by Mrs Asko-Seljavaara and
others
Prevention of obesity and type 2 diabetes and promotion of
healthy nutritional habits among children and the young, consultation
of the Social, Health and Family Affairs Committee, on the follow-up to be given
Motion for a recommendation presented by Mr van der Linden
and others
Human rights and business, to the Committee on Legal Affairs
and Human Rights, for report,
and to the Committee on Economic Affairs and Development, for opinion
Motion for a resolution presented by Mrs Wohlwend and others
The death penalty in Council of Europe member and observer
countries – An unacceptable violation of human rights, to the Committee
on Legal Affairs and Human Rights, for
report
Motion for a resolution presented by Mr von Sydow and others
Situation in Kosovo, to the Political Affairs Committee, for report, and to the Committee
on Legal Affairs and Human Rights, for
opinion
Motion for a resolution presented by Mrs Hurskainen and others
The socio-economic potential of the Baltic Sea region, to
the Committee on Economic Affairs and Development, for report at the Standing Committee
Motion for a resolution presented by Mrs Jonker and others
Asylum and gender-based persecution, to the Committee on Migration,
Refugees and Population, for report,
and to the Committee on Equal Opportunities for Women and Men, for opinion
Motion for a recommendation presented by Mr van der Linden
and others
Migrants, intercultural dialogue and integration, to the Committee
on Migration, Refugees and Population, to take
it into account in the preparation of the report on “Migration in
Europe: a constant challenge”
Motion for a recommendation presented by Mr Ducarme and others
Prohibiting the marketing and use of the “Mosquito” youth
dispersal device, to the Committee on Culture, Science and Education, for report, and to the Social, Health
and Family Affairs Committee, for opinion
Motion for a recommendation presented by Mr Legendre and others
Balanced approach to the rescuing of archaeological finds
from development projects, to the Committee on Culture, Science
and Education, for report at the Standing
Committee
ii. Modification of references
Motion for a resolution presented by Mr Dupraz and others
Ban of cluster munitions
Reference No. 3364 of 25 June 2007, to the Political Affairs
Committee, for report, to
the Committee on Legal Affairs and Human Rights, to the Social,
Health and Family Affairs Committee and to the Committee on Migration,
Refugees and Population, for opinion
Motion for a resolution presented by Mr Prescott and others
The challenges posed by climate change
Reference No. 3447 of 29 May 2008, to the Committee on the
Environment, Agriculture and Local and Regional Affairs, for report, and to the Committee
on Migration,
Refugees and Population, for opinion
iii. Replies after consultation
Motion for a resolution presented by Mr de Puig and others
The eradication of discrimination based on the principle of “collective
guilt” in Europe
Reference No. 3386 of 21 January 2008, to the Political Affairs
Committee, for report
Motion for a resolution presented by Mr Frunda and others
Secret detention centres: clarifying the allegations, no further
action
iv. Extension of references
a. Docs. 11028-11029
Motion for a resolution presented by Mrs BemelmansVidec and
others
Nomination of candidates and election of judges to the European
Court of Human Rights
Reference No. 3279 of 6 October 2006 (validity: 6 October
2008), extension until 31 December 2008
Motion for a recommendation presented by Mr Çavuşoğlu and
others
Migration in Europe: a constant challenge
Reference No. 3298 of 22 January 2007 (validity: 22 January
2009), extension until 31 December 2009
Motion for a recommendation presented by Mrs VermotMangold
and others
Improving the quality and consistency of asylum decisions
in the Council of Europe member states
Reference No. 3305 of 22 January 2007 (validity: 22 January
2009), extension until 30 April 2009
