The progress of the Assembly’s monitoring procedure (June 2011-May 2012)
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly debate on
29 June 2012 (27th Sitting) (see Doc. 12954, report of the Committee
on the Honouring of Obligations and Commitments by Member States
of the Council of Europe (Monitoring Committee), rapporteur: Mr Herkel).
Text adopted by the Assembly on 29 June 2012 (27th Sitting).
- Thesaurus
1. The Parliamentary Assembly acknowledges
the work carried out by its Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee) in accompanying 10 countries currently under monitoring
(Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia,
the Republic of Moldova, Montenegro, the Russian Federation, Serbia
and Ukraine) and four countries engaged in a post-monitoring dialogue
(Bulgaria, Monaco, “the former Yugoslav Republic of Macedonia” and
Turkey) in their efforts to ensure full respect for democracy, the
rule of law and the protection of human rights.
2. During the reporting period, the committee produced a full
monitoring report on Serbia and assessments of the functioning of
democratic institutions in Armenia, Bosnia and Herzegovina and Ukraine.
Furthermore, preliminary draft reports on Montenegro, the Russian
Federation and Turkey have been approved by the committee and transmitted
to the national authorities of these countries for their comments.
3. The rapporteurs carried out a total of 18 visits to all the
countries under the monitoring procedure and post-monitoring dialogue,
except for Turkey. Following the visits, six information notes on
Albania, Armenia, Azerbaijan, Georgia, the Republic of Moldova and
“the former Yugoslav Republic of Macedonia” were submitted to the
committee. All of them, with one exception, were declassified. The
rapporteurs systematically participated in election observation
missions in the countries under their responsibility when elections
were held.
4. In the framework of the preparation of reports on specific
countries, the committee organised a number of hearings, with the
participation of, inter alia,
the Minister of Justice of Ukraine, a representative of the Danish Helsinki
Committee and another of Amnesty International with respect to the
report on Ukraine; the High Representative for Bosnia and Herzegovina
with respect to the report on that country; a representative of Amnesty
International with respect to the report on Azerbaijan; and the
leaders of the Russian political forces not represented in the parliament
with respect to the report on the Russian Federation.
5. On the proposal of the respective rapporteurs, the committee
requested legal opinions from the European Commission for Democracy
through Law (Venice Commission) on a number of laws or draft laws
in the countries under monitoring procedure, in particular in respect
of the Republic of Moldova, Montenegro, the Russian Federation and
Ukraine.
6. Furthermore, in accordance with the practice established in
2006, the committee has prepared a periodic report on the first
group of 11 member States among those which are not subject to a
monitoring procedure sensu stricto or
involved in a post-monitoring dialogue, based on the findings of
other Council of Europe monitoring mechanisms. The committee has
also decided to introduce a new formula for future reporting on these
countries.
7. Moreover, the committee pursued its work on the consequences
of the war between Georgia and Russia. The Assembly takes note of
the intention of the co-rapporteurs on the Russian Federation and
on Georgia to visit Moscow, Tbilisi, Tskhinvali and Sukhumi during
a joint mission led by the chair of the committee in the second
half of 2012, and to subsequently submit an information report to
the committee, in accordance with the procedure agreed on by the
committee.
8. The committee pursued preparation of its written opinion on
the motion for a resolution on serious setbacks in the fields of
the rule of law and human rights in Hungary, to be submitted to
the Bureau. The co-rapporteurs carried out two fact-finding visits
to the country and the committee requested the legal opinion of the
Venice Commission on a number of Hungarian legal acts.
9. In the context of the 15th anniversary of the establishment
of the committee in 1997, the committee continued the discussion
that began in 2011 on possible ways and means of rendering the monitoring procedure
more effective and of ensuring improved compliance of all member
States with their statutory obligations.
10. The Assembly takes note of the committee’s intention to modify
the formula for the presentation of periodic reports on the countries
which are not under the monitoring procedure sensu
stricto, and to abandon the three-year cycle of assessment
in order to better reflect the findings of Council of Europe convention monitoring
mechanisms, which operate on cycles of varying duration.
11. The Assembly expresses its satisfaction at some positive developments
in a number of countries under the monitoring procedure over the
reporting period. It welcomes, in particular: in Albania, the end
of the boycott of the parliament by the opposition Socialist Party;
in Armenia, the release of persons imprisoned in relation to the
events of March 2008 and the renewed impetus given to the investigation
of the deaths which occurred during those events, as well as the
start of a political dialogue between the opposition and the ruling
coalition; in Bosnia and Herzegovina, the formation of a new government
following the agreement between the leaders of the key political
parties; in the Republic of Moldova, the end of the institutional
deadlock resulting from the parliament’s inability to elect the
President of the Republic.
12. Furthermore, the Assembly notes with satisfaction the progress
in the fulfilment of commitments and obligations made in a number
of countries under the monitoring procedure and, in particular:
in Armenia, with regard to the improvement of the political environment
in the conduct of parliamentary elections and to the introduction
of measures in the framework of the reform of the judiciary and
police; in Georgia, with regard to the drawing up of a new electoral
code, the reform of penitentiary institutions and the improvement
of relations between the associations of the Meskhetian Turks and
the authorities; in the Republic of Moldova, with regard to the
pursuit of the decentralisation process and initiatives launched
by the authorities to combat corruption and to reform the police
and the Prosecutor’s Office, as well as with regard to the resumption
of formal negotiations concerning Transnistria; in Montenegro, with
regard to the pursuit of substantial reforms in the area of the
judiciary, the fight against corruption and organised crime, the
rights of minorities and freedom of the media; in the Russian Federation
with regard to the process of political liberalisation launched
by the authorities, concerning the registration of political parties
and the method of appointing governors, following the events surrounding
the parliamentary and presidential elections; in Serbia, with regard
to the reform of the electoral law and the justice system, as well
as decentralisation and increased protection of minorities; in Ukraine,
the adoption of a new Code of Criminal Procedure, globally in line
with European standards; in Bulgaria, with regard to codification
of the electoral rules and efforts to fight corruption and organised
crime; in Turkey, with regard to improvement of the electoral system.
13. At the same time, the Assembly expresses its concern about
worrying developments in some of the countries under the monitoring
procedure and under the post-monitoring dialogue, in particular:
in Armenia, with regard to the fact that, until now, no responsibility
has been established concerning events that caused 10 casualties
in 2008; in Azerbaijan, with regard to the restrictions imposed
on freedom of expression, assembly and association, reports on the
detention of prisoners of conscience and the human rights situation
in general; in Georgia, with regard to the administration of criminal
justice and the lack of credible investigations into alleged abuses
by the police forces; in the Russian Federation, with regard to
the shortcomings identified by the international observers during
the parliamentary and presidential elections, and the violence employed against
and the detention of peaceful demonstrators in the immediate aftermath
of the December 2011 elections as well as to reports on the human
rights situation in general; in Turkey, with regard to the journalists and
some members of parliament still in pre-trial detention; in Ukraine,
with regard to the criminal proceedings initiated against a number
of former government members on controversial charges and numerous
serious deficiencies in the procedures.
14. With respect to the countries which are not subject to the
monitoring procedure sensu stricto,
the Assembly expresses its concern that a number of these countries
have not signed and/or ratified some major Council of Europe conventions,
thus preventing convention monitoring mechanisms from following
their implementation.
15. Furthermore, with respect to these countries, the Assembly
is concerned by the conclusions of the third round evaluation reports
on the implementation of the Civil Law Convention on Corruption
(ETS No. 174) and the Criminal Law Convention on Corruption (ETS
No. 173) and its Additional Protocol (ETS No. 191). It is particularly
worrying that the degree of compliance with the recommendations
of the Council of Europe’s Group of States against Corruption (GRECO)
is considered “globally unsatisfactory” in the case of Belgium,
Denmark and Germany.
16. The Assembly therefore urges:
16.1 the Parliament of Albania to pursue work on reform of
the electoral code and parliamentary working methods and to promote
the strengthening of internal democracy within political parties;
16.2 the Parliament of Armenia to pursue reform of the police
and the judiciary with a view to guaranteeing its independence;
to pursue a constructive dialogue between the opposition and the
ruling coalition; to carry out a public inquiry with a view to establishing
responsibility for the 10 deaths that occurred during events in
2008;
16.3 the Parliament of Azerbaijan to revise the electoral code,
as amended in 2010, with a view to addressing the outstanding recommendations
from the Venice Commission and the Office for Democratic Institutions
and Human Rights of the Organization for Security and Co-operation
in Europe (OSCE/ODIHR), in particular those relating to the composition
of the election commissions, candidate eligibility, and the complaints
and appeals process; the authorities of Azerbaijan to ensure respect
for human rights and freedoms, and in particular freedom of expression,
assembly and association;
16.4 the Parliament of Bosnia and Herzegovina to revise the
constitution and electoral legislation with a view to eliminating
ethnicity-based limitations on the right to stand for office, in
order to comply with the standards of the European Convention on
Human Rights (ETS No. 5); to implement the Sejdić and Finci judgment
of the European Court of Human Rights; to introduce reforms in the
judiciary, the fight against corruption and regarding governance;
16.5 the authorities of Georgia to introduce the necessary
measures to improve the administration of criminal justice and carry
out credible investigations – within the meaning of the case law
of the European Court of Human Rights – into alleged abuses by the
police forces;
16.6 the Parliament of the Republic of Moldova to pursue the
reform process, including the necessary revision of the constitution,
and to ensure political pluralism in the media;
16.7 the Parliament of Montenegro to introduce legislative
amendments with a view to ensuring the independence of the judiciary,
in line with the Venice Commission recommendations;
16.8 the Parliament of the Russian Federation to follow the
recommendations of the Venice Commission with regard to a number
of federal laws; to establish a meaningful dialogue with the opposition
political forces not represented in the parliament;
16.9 the Serbian authorities to make further progress in adopting
and fully implementing the justice reform in order to guarantee
its independence and efficiency;
16.10 the authorities of Ukraine to implement fully and without
reservations the new Code of Criminal Procedure; to address concerns
regarding the criminal proceedings initiated against a number of
former government members, in line with Council of Europe recommendations;
16.11 the authorities of Bulgaria to pursue the reform of the
judiciary with a view to guaranteeing its full independence;
16.12 the National Council of Monaco to adopt the legislation
on the organisation and functioning of parliament, the reform of
police custody, the organisation of the courts and the funding of
electoral campaigns;
16.13 the authorities of “the former Yugoslav Republic of Macedonia”
to ensure the full implementation of the Ohrid Framework Agreement
as well as further improve the implementation of laws in the areas of
freedom of the media, public administration and the judiciary;
16.14 the authorities of Turkey to address concerns regarding
the functioning of the judicial system, freedom of expression, execution
of the judgments of the European Court of Human Rights, and the problems
associated with national minorities and the use of minority languages.
17. With respect to the countries which are not subject to the
monitoring procedure, the Assembly calls on:
17.1 Denmark, France, Lithuania, Malta, Poland, Sweden, Switzerland
and the United Kingdom to sign and ratify, and Austria, Belgium,
the Czech Republic, Estonia, Germany, Greece, Hungary, Iceland, Ireland,
Italy, Latvia, Liechtenstein, Norway, Portugal, the Slovak Republic
and Slovenia to ratify Protocol No. 12 to the Convention for the
Protection of Human Rights and Fundamental Freedoms (ETS No. 177)
concerning the fight against discrimination;
17.2 Andorra, Belgium, Estonia, Greece, Ireland, Latvia, Lithuania,
Portugal and San Marino to sign and ratify, and France, Italy, Iceland
and Malta to ratify the European Charter for Regional or Minority Languages
(ETS No. 148);
17.3 Andorra and France to sign and ratify, and Belgium, Greece,
Iceland and Luxembourg to ratify the Framework Convention for the
Protection of National Minorities (ETS No. 157);
17.4 The Czech Republic and Liechtenstein to sign and ratify,
and Estonia, Finland, Germany, Greece, Hungary, Lithuania and Switzerland
to ratify the Council of Europe Convention on Action against Trafficking
in Human Beings (CETS No. 197);
17.5 Switzerland to ratify the Protocol to the Convention for
the Protection of Human Rights and Fundamental Freedoms (ETS No.
9) adding the right to peaceful enjoyment of property, the right
to education and the right to free elections by secret ballot to
fundamental rights protected by the Convention;
17.6 Liechtenstein and Switzerland to sign and ratify, and
Croatia, the Czech Republic, Denmark, Germany, Greece, Iceland,
Latvia, Luxembourg, Poland, San Marino, Spain and the United Kingdom
to ratify the revised European Social Charter (ETS No. 163);
17.7 Andorra, Estonia, Germany, Iceland, Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, Poland, Romania, San Marino, Spain,
Switzerland, and the United Kingdom to sign and ratify, and Austria,
Denmark, Hungary, the Slovak Republic and Slovenia to ratify the
Additional Protocol to the European Social Charter providing for
a system of collective complaints (ETS No. 158);
17.8 Liechtenstein, Portugal, San Marino and Switzerland to
sign and ratify, and Andorra, Denmark, Germany, Iceland, Ireland,
Italy, Luxembourg and the United Kingdom to ratify the Civil Law
Convention on Corruption;
17.9 Austria, Germany, Italy, Liechtenstein and San Marino
to ratify the Criminal Law Convention on Corruption;
17.10 Andorra, the Czech Republic, Denmark, Estonia, Germany,
Ireland, Liechtenstein, Lithuania, Norway, Switzerland and the United
Kingdom to sign and ratify, and Austria, Finland, France, Greece, Iceland,
Italy, Luxembourg and Sweden to ratify the Convention on Laundering,
Search, Seizure and Confiscation of the Proceeds from Crime and
on the Financing of Terrorism (CETS No. 198);
17.11 the Parliaments of Greece, Italy, Poland and Romania to
promote progress in the implementation of judgments of the European
Court of Human Rights, and to initiate legislative changes aimed
at eliminating structural problems leading to repeated violations
of the European Convention on Human Rights;
17.12 the parliaments of all member States not subject to the
monitoring procedure to use periodic reports as the basis for a
debate on their country’s state of honouring of obligations as members
of the Council of Europe and to promote compliance with recommendations
made by specific Council of Europe monitoring bodies.
18. The Assembly stresses the importance it attaches to the full
independence of rapporteurs on the monitoring of obligations and
commitments in accomplishing their work.
19. The Assembly commends the remarkable work carried out by the
Council of Europe monitoring mechanisms, and the acquis they have established over
the years.
20. The Assembly resolves to pursue a more general reflection
on ways to enhance the efficiency and the impact of the Assembly
monitoring procedures with regard to all Council of Europe member
States.
