Activities of the Assembly’s Bureau and Standing Committee (30 January – 19 April 2015)
Progress report
| Doc. 13750
| 16 April 2015
1 Introduction
At its meeting on 30 January 2015, the Bureau appointed me
as rapporteur for this report, which covers its activities over
the period from the last Bureau meeting of the first part-session
of 2015 (Friday 30 January) to the first Bureau meeting of the second
part-session of 2015 (Monday 20 April).
The following chapters include the decisions taken at the
Bureau meetings of 30 January in Strasbourg and 5 March in Paris.
Chapter 2 presents a list of decisions which have either already
been ratified by the Standing Committee on 6 March or which do not
require ratification. Chapter 3 lists the decisions taken on 5 March
that require ratification at the opening of the second part-session
of the Assembly.
An addendum to this report will be issued immediately after
the Bureau meeting on 20 April, which will also include, in part,
decisions to be ratified on the same day. Another addendum will
be issued immediately after the Bureau meeting of 24 April. It will
include only the decisions to be ratified by the Assembly on the
same day, notably the references and transmissions which will have
been approved by the Bureau.
The Bureau will hold its next meetings in Strasbourg on Friday
24 April at 8.30 am (during this second part-session), then on Thursday
21 May in Sarajevo. The next meeting of the Standing Committee will
also be held in Sarajevo, on 22 May.
2 Activities
of the Bureau since the last part-session and decisions not requiring
ratification by the Assembly
2.1 Follow-up to Assembly’s
Resolutions
2.1.1 Follow-up to the
first part-session of 2015 (Strasbourg, 26-30 January)
On 30 January, the Bureau approved the following proposals
made by the Secretary General of the Parliamentary Assembly:
- Resolution 2028 (2015) on The humanitarian situation of Ukrainian refugees
and displaced persons: to seize the Committee on Migration, Refugees
and Displaced Persons for a report on “Missing persons during the
conflict in Ukraine”;
- Resolution
2031 (2015) on Terrorist attacks in Paris: together for a democratic
response (urgent debate): to invite the Committee on Political Affairs
and Democracy, the Committee on Legal Affairs and Human Rights,
the Committee on Equality and Non-Discrimination, the Committee
on Culture, Education, Science, Education and Media and the Committee
on Social Affairs, Health and Sustainable Development to proceed
with concrete follow-up proposals to paragraph 18 of this resolution;
- Resolution
2034 (2015) on Challenge of the still unratified credentials of
the delegation of the Russian Federation: to refer this issue to
the Monitoring Committee for a report on “Reconsideration of sanctions in
respect of the delegation of the Russian Federation to the Parliamentary
Assembly (follow-up to paragraph 15 of Resolution 2034 (2015))”, to be debated during the April 2015 part-session;
and to invite the President of the Assembly to consider the setting
up of a working group with the participation of the Speakers of
the Russian State Duma and the Ukrainian Verkhovna Rada or their
representatives;
- Resolution
2037 (2015) on Post-electoral shifting in members’ political affiliation
and its repercussions on the composition of national delegations:
to invite the Committee on Rules of Procedure, Immunities and Institutional
Affairs to proceed with concrete proposals on the implementation
of paragraph 10 of this resolution.
2.2 Status of Ms Nadiia
Savchenko with regard to Council of Europe immunity
On 30 January, the Bureau took note of, and declassified,
the opinion of the Committee on Rules of Procedure, Immunities and
Institutional Affairs.
2.3 Standing Committee
(Paris, 6 March 2015)
On 30 January and 5 March, the Bureau took note of the draft
agenda.
2.4 Second part-session
of 2015 (20-24 April)
2.4.1 Draft agenda
On 30 January, the Bureau drew up the preliminary draft agenda.
At its following meeting on 5 March, it drew up the draft agenda
and decided to invite Ms Helena Dalli, Minister for Social Dialogue,
Consumer Affairs and Civil Liberties of Malta, to address the Assembly
in the context of the debate on Discrimination against transgender
persons in Europe (Rapporteur of the Committee on Equality and Non-Discrimination: Ms Deborah
Schembri, Malta, SOC). Furthermore, the Bureau decided to include
a debate on an Assembly’s Opinion on the draft Additional Protocol
to the Council of Europe Convention on the Prevention of Terrorism
in the draft agenda, subject to receiving a request for a debate
under urgent procedure from the Committee of Ministers.
2.4.2 Meeting of the
Joint Committee
On 5 March, the Bureau took note of the draft agenda.
2.5 Election observation
2.5.1 Meeting of the
Chairpersons of ad hoc committees for the observation of elections
(27 January 2015)
On 5 March, the Bureau took note of the conclusions of the
meeting.
2.5.2 Kazakhstan: early
presidential election (26 April 2015)
On 5 March, the Bureau decided not to observe this election.
2.5.3 Turkey: parliamentary
elections (7 June 2015)
On 5 March, the Bureau decided to observe these elections,
constituted an ad hoc committee for this purpose composed of 30
members (SOC: 11; EPP/CD: 10; ALDE: 4; EC: 3; UEL: 2) and the rapporteur
of the post-monitoring dialogue on Turkey of the Monitoring Committee;
and authorised a pre-electoral mission.
2.6 References and
transmissions to committees
2.6.1 References to committees
On 5 March, the Bureau considered and approved the following
references to committees, which were subsequently ratified by the
Standing Committee on the following day:
- Doc. 13678, motion for a resolution, For evenly balanced regions
in Europe: consultation of the Committee on Social Affairs, Health
and Sustainable Development for a possible
follow-up;
- Doc. 13686, motion for a resolution, The status of former presidents
of the Parliamentary Assembly: reference to the Committee on Rules
of Procedure, Immunities and Institutional Affairs to be taken into account in the next report
on changes in the Rules of Procedure;
- Doc. 13687, motion for a resolution, Moratorium on fracking across
Europe: reference to the Committee on Social Affairs, Health and
Sustainable Development to be taken into
account in the preparation of the report on the exploration and
exploitation of non-conventional hydrocarbons in Europe;
- Doc. 13688, motion for a resolution Voting in diasporas – making
it real, transmission to the Committee on Migration, Refugees and
Displaced Persons for information;
- Doc. 13691, motion for a resolution, Human rights compatibility
of investor–State arbitration in international investment protection
agreements, reference to the Committee on Legal Affairs and Human Rights for report.
2.6.2 Modification of
a reference
- Doc. 13559, motion for a resolution, Foreign fighters in Syria
(Ref. 4069 of 3 October 2014): reference to the Committee on Political
Affairs and Democracy for report and
to the Committee on Legal Affairs and Human Rights for opinion.
2.6.3 Extension of references
On 30 January, the Bureau considered and approved the following
extensions of references:
- Doc. 12866, motion for a resolution, Political transition in Egypt
(Ref. 3857 of April 2012 – validity 23 April 2015 – extended on
31 January 2014): extension until 30 April 2016;
- Bureau decision, Situation in Belarus (Ref. 3841 of 9
March 2012 – validity: 9 March 2015 – extended on 27 January 2014):
extension until 30 April 2016.
At its meeting on 5 March, the Bureau considered and approved
the following extensions of references:
- Doc. 13148, motion for a resolution, Protecting patients and public
health against undue influence of the pharmaceutical industry (Ref.
3950 of 26 April 2013 – validity: 26 April 2015): extension until
31 January 2016;
- Doc. 13150, motion for a resolution, Effectively combating the
adverse consequences of dirty money (Ref. 3952 of 26 April 2013
– validity: 26 April 2015): extension until 26 April 2016;
- Doc. 13123, motion for a recommendation, Promoting city diplomacy
in the field of culture (Ref. 3942 of 22 April 2013 – validity:
22 April 2015): extension until 31 October 2015.
2.6.4 Reply after consultation
- Doc. 13400, motion for a resolution, The employment rights of female
workers from Eastern Europe: reference to the Committee on Social
Affairs, Health and Sustainable Development for
report.
2.7 Election of the
Secretary General of the Parliamentary Assembly
On 30 January, the Bureau considered the memorandum prepared
by the Secretariat of the Assembly under the instructions of the
President, approved the timetable for the election of the Secretary
General of the Assembly and asked the President to transmit it to
the Committee of Ministers.
2.8 Václav Havel Human
Rights Prize
On 30 January, the Bureau took note of the call for nominations
for the 2015 edition (deadline 30 April 2015) as well as the memorandum
prepared by the Secretary General of the Assembly, containing inter alia the calendar of events
and a call for candidatures for the renewal of the Selection Panel,
and invited members to submit names and CVs of candidates no later
than 15 April 2015.
2.9 Fair representation
of the opposition in national delegations
On 30 January, the Bureau took note of the letter by the former
Chairperson of the Committee on Rules of Procedure, Immunities and
Institutional Affairs, in reply to the Bureau’s request to clarify
the question of the fair representation of the opposition in national
delegations and, in particular, whether a national delegation in which
the opposition was not represented amongst full members but only
amongst substitutes was in line with the Assembly’s Rules of Procedure.
The letter indicated that the Committee would continue to consider
the matter in the framework of a forthcoming report on “Effective
representation and participation in the Parliamentary Assembly of
opposition parliamentarians in the member States”.
2.10 Issues raised by
committees
2.10.1 Committee on Political
Affairs and Democracy
On 30 January, the Bureau authorised:
- Mr Jean-Marie Bockel (France, EPP/CD), Rapporteur on “The
political transition in Tunisia” to carry out a fact-finding visit
to Tunisia during the first semester of 2015, in the framework of
the preparation of his report;
- Mr José María Beneyto (Spain, EPP/CD), Rapporteur on “The
political transition in Egypt”, to carry out a fact-finding visit
to Egypt during the first semester of 2015, in the framework of
the preparation of his report;
- Mr Bogdan Klich (Poland, EPP/CD), Rapporteur on the “Evaluation
of the partnership for democracy in respect of the Parliament of
Morocco”, to carry out a fact-finding visit to Morocco during the
first semester 2015, in the framework of the preparation of his
report.
2.10.2 Committee on Social
Affairs, Health and Sustainable Development
On 30 January, the Bureau authorised Mr Luc Recordon (Switzerland,
SOC) to participate in the 7th World Water
Forum in Daegu-Gyeongbuk (Republic of Korea) between 12 and 17 April
2015, at no cost to the Assembly.
2.10.3 Committee on Migration,
Refugees and Displaced Persons
On 5 March, the Bureau authorised Ms Tineke Strik (Netherlands,
SOC), Rapporteur on “Countries of transit: meeting new migration
and asylum challenges” to carry out a fact-finding visit to Morocco
in March 2015, in the framework of the preparation of her report.
2.11 European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT)
On 30 January, the Bureau drew up the list of candidates for
the CPT in respect of Slovenia, which it forwarded to the Committee
of Ministers.
2.12 Meetings elsewhere
than Strasbourg and Paris
On 30 January, the Bureau authorised the following meetings:
- Committee on Culture, Science,
Education and Media, to meet in The Hague (Netherlands) on 11-12 March
2015;
- Committee on Rules of Procedure, Immunities and Institutional
Affairs, to meet in Istanbul (Turkey) on 26-27 March 2015;
- Sub-committee on Co-operation with non-European countries
of origin and transit (Committee on Migration, Refugees and Displaced
Persons), to meet in Lagos (Portugal) on 30-31 March 2015;
- Ad hoc sub-committee of the Committee on Migration, Refugees
and Displaced Persons to visit refugee camps of Ukrainians in the
Russian Federation in April-May 2015 (subject to receiving an invitation
from the host authorities of the Russian Federation);
- Committee on Migration, Refugees and Displaced Persons,
to meet in Bishkek (Kyrgyzstan) on 9-10 June 2015.
On 5 March, the Bureau took note of the absence of an invitation
letter to the ad hoc sub-committee of the Committee on Migration,
Refugees and Displaced Persons to visit refugee camps of Ukrainians
in the Russian Federation and invited the Committee to reconsider
how to ensure the follow-up to Assembly Resolution 2028 (2015) on The humanitarian situation of Ukrainian refugees
and displaced persons.
2.13 Institutional representation
of the Parliamentary Assembly in 2015
On 30 January, the Bureau approved the appointments as set
out in Appendix 1.
2.14 Participation of
members in Parliamentary Assembly plenary sessions and committee meetings
On 5 March, the Bureau approved the proposals contained in
paragraph 47 of the information memorandum indicating the measures
to be taken in respect of delegations with low participation rates
under Rule 44.10 of the Rules of Procedure and paragraph 7.2 of Resolution 1583 (2007).
2.15 General Rapporteurs
On 5 March, the Bureau approved the terms of reference of
a General Rapporteur on “Ending Immigration Detention of Children”
(Appendix 2), which were subsequently ratified by the Standing Committee.
2.16 Appointment of
Assembly representatives for official activities
On 30 January, the Bureau appointed:
- Mr Cesar Florin Preda (Romania, EPP/CD) to participate
in the annual session of the Parliamentary Conference on the World
Trade Organization, organised jointly by the Inter-Parliamentary
Union and the European Parliament in Geneva (Switzerland) on 16-17
February 2015;
- Ms Doris Barnett (Germany, SOC) to participate in the
Winter meeting of the OSCE Parliamentary Assembly in Vienna on 18-20
February 2015, at no cost to the Assembly;
- Mr Robert Walter (United Kingdom, EC) to participate in
the 132nd Assembly of the Inter-Parliamentary Union
in Hanoi on 28 March-1 April 2015, at no cost to the Assembly.
3 Activities of the
Standing Committee (Paris, 6 March 2015)
The Standing Committee held an exchange of views with Mr Michael
Georg Link, Director of the OSCE Office for Democratic Institutions
and Human Rights (OSCE/ODIHR).
It ratified the credentials of new members of the Assembly
submitted by the delegations of Armenia, Belgium, France, Germany,
Italy and Spain, and approved changes in the composition of Assembly
committees.
The Standing Committee took note of the draft agenda of the
second part-session of the Assembly (20-24 April 2015) and ratified
the references and transmissions proposed by the Bureau contained
in Chapter 2.6.
It also ratified the terms of reference of a General Rapporteur
on “Ending Immigration Detention of Children”.
Finally, it adopted the following texts on behalf of the Assembly:
4 Decisions of the
Bureau requiring ratification by the Assembly
4.1 Dates of Assembly
part-sessions (2016 - 2019)
On 30 January, the Bureau considered and revised a memorandum
prepared by the Secretary General of the Assembly and decided to
come back to the issue at its next meeting, after having consulted
national delegations on the proposed dates.
On 5 March, the Bureau:
- decided
to modify the dates for the fourth part-session of 2016 to 10-14
October;
- approved the following dates for the part-sessions for
the years 2017-2019:
- 2017:
23-27 January, 24-28 April, 26-30 June, 9-13 October;
- 2018: 22-26 January, 23-27 April, 25-29 June, 8-12 October;
- 2019: 21-25 January, 8-12 April, 24-28 June, 30 September-
4 October.
4.2 Election observation
4.2.1 Guidelines for
the observation of elections by the Parliamentary Assembly
On 5 March, the Bureau considered and approved the amendments
to the Guidelines proposed at the meeting of the Chairpersons of
ad hoc Committees for the observation of elections (27 January 2015),
subject to ratification by the Assembly (Appendix 3).
4.3 The adoption of
declarations by committees
On 30 January, the Bureau took note of the opinion of the
Committee on Rules of Procedure, Immunities and Institutional Affairs
and decided to come back to the issue at its next meeting with a
view to approving the Guidelines contained therein, to be subsequently
submitted for ratification by the Assembly.
On 5 March, the Bureau considered, revised and approved the
Guidelines contained in the opinion of the Committee on Rules of
Procedure, Immunities and Institutional Affairs, to be ratified
by the Assembly (Appendix 4).
The Assembly is invited to ratify these Bureau decisions.
Appendix 1 – Institutional
representation of the Parliamentary Assembly in 2015
|
Body
|
who represents the Assembly
|
reference
|
2014
|
2015 nominations
|
|
I. Council of Europe bodies
|
|
European
Commission for Democracy through Law
(Venice Commission)
|
Representatives
of the Assembly appointed by the Bureau to attend the sessions of
the Commission
|
Article
2.4 of the Venice Commission Statute
(Res CM (2002)
3)
|
Members:
Mr
Mignon, EPP/CD
appointment by the President
Mr
Chope – EDG (AS/Jur)
Substitute:
Mr
Díaz Tejera – SOC (AS/Jur)
|
Members:
Mr
Mignon, EPP/CD
appointment by the President
Mr
Díaz Tejera – SOC (AS/Jur)
Substitute:
Lord
Tomlinson – SOC (AS/Jur)
|
|
Council
on Democratic Elections of the Venice Commission
|
Representatives
of AS/Pol, AS/Jur and AS/Mon approved by the Bureau of the Assembly
|
Bureau
decision of
10 March 2003
|
Members:
Ms
Durrieu – SOC (AS/Pol)
Mr Gross – SOC (AS/Jur)
Mr
Jordi Xuclà – ALDE (AS/Mon)
Substitutes:
Ms
Khidasheli – ALDE (AS/Pol)
Mr McNamara – SOC (AS/Jur)Ms
de Pourbaix-Lundin – EPP/CD (AS/Mon)
|
Members:
Ms
Durrieu - SOC (AS/Pol)
Mr McNamara – SOC (AS/Jur)
Mr
Xuclà – ALDE (AS/Mon)
Substitutes:
Ms
Khidasheli – ALDE (AS/Pol)
Mr Beneyto – EPP/CD (AS/Jur)
Mr
Kox – UEL (AS/Mon)
|
|
European
Centre for Global Interdependence and Solidarity
(North-South
Centre)
|
Two
members of the Executive Council - appointed by the Bureau of the Assembly
|
Article
5.1(b) of the North-South Centre Statute
(Res CM (1993)
51)
|
Members:
Ms
Blondin – SOC (AS/Soc)
Sir Roger Gale – EDG (AS/Cult)
Substitutes:
Mr
Schennach – SOC (AS/Soc)
Mr Costa Neves – EPP/CD (AS/Cult)
|
Members:
Ms
Blondin – SOC (AS/Soc)
Mr Denemeç - EC (AS/Cult)
Substitutes:
Mr
Schennach – SOC (AS/Soc)
Mr Costa Neves – EPP/CD (AS/Cult)
|
|
European
Commission Against Racism and Intolerance
(ECRI)
|
Representatives
of the Assembly appointed by the Bureau (representatives of the
following three committees: AS/Pol, AS/Ega and AS/Cult)
|
Article
5 of the ECRI Statute (Res CM (2002) 8)
|
Members:
Ms
Gillan – EDG (AS/Pol)
Mr Valen – UEL (AS/Ega)
Mr
Chaouki – SOC (AS/Cult)
Substitutes:
-
(AS/Pol)
Mr D. Davies - EDG (AS/Ega)
-
(AS/Cult)
|
Members:
…
(AS/Pol)
Mr Cilevičs - SOC (AS/Ega)
Mr
Le Borgn’ – SOC (AS/Cult)
Substitutes:
…
(AS/Pol)
Mr Santerini - NR (AS/Ega)
…
(AS/Cult)
|
|
Group
of States against Corruption
(GRECO)
|
A representative
of the Assembly appointed by the Bureau
|
CM decision
of 717th meeting in 2000 in accordance with Article 7.2 of the Statute
of the GRECO
|
Member:
Mr
Neill – EDG (AS/Jur)
Substitute:
Mr
Sasi – EPP/CD (AS/Jur)
|
Member:
Mr
Neill – EC (AS/Jur)
Substitute:
Mr Sasi
– EPP/CD (AS/Jur)
|
|
CE Committee
for Works of Art
|
Two
members appointed by the Bureau of the Assembly (at present AS/Cult
Committee member and Museum Prize rapporteur)
|
CM decision
of 482nd meeting in 1992
|
Members:
Baroness
Eccles – EDG (AS/Cult)
Ms Marjanović - SOC (AS/Cult)
|
Members:
Baroness
Eccles – EC (AS/Cult)
… (AS/Cult)
|
|
MONEYVAL
|
A representative
of the Assembly appointed by the Bureau
|
Article
4.1 of Resolution CM/Res (2010) 12
|
Member:
Mr
Omtzigt – EPP/CD (AS/Jur)
Substitute:
Mr
Hübner – NR (AS/Jur)
|
Member:
Mr
Omtzigt – EPP/CD (AS/Jur)
Substitute:
Mr
Hübner - NR (AS/Jur)
|
|
II. Other
|
|
EUROPA
NOSTRA
Pan-European Federation for Heritage
|
One member (and substitute)
to be nominated by the Assembly - to attend the Federation Council
meetings as observer
|
Article
21.4 of the Statute of Europa Nostra
|
Mr Nicolaides
- SOC (AS/Cult)
Chairperson of the sub-committee on
Culture, Diversity and Heritage
|
… (AS/Cult)
|
Appendix 2 – General Rapporteur
on “Ending Immigration Detention of Children” – terms of reference
Committee on Migration, Refugees and Displaced
Persons
Denomination: General
Rapporteur on Ending Immigration Detention of Children.
Term of office: one
year renewable, subject to a maximum of two years.
Subject: the general
rapporteur on Ending Immigration Detention of Children is mandated
to intervene in matters relating to the Global End Immigration Detention
of Children Campaign.
Responsibilities: the
general rapporteur will contribute to raising awareness in Council
of Europe member states on the need to end immigration detention
of children and to adopt alternatives to detention that fulfil the best
interests of the child and allow children to remain with their family
members and/or guardians in non-custodial, community-based contexts
while their immigration status is being resolved. He/she shall report periodically
to the Committee on the information collected and the action taken.
The general rapporteur will also ensure the political co-ordination
of the PACE End Immigration Detention of Children Campaign.
In addition, the role of the general rapporteur on End Immigration
Detention of Children is to:
- follow
activities and maintain working relations with relevant Council
of Europe intergovernmental and monitoring bodies dealing with children’s
rights and migration detention issues;
- follow activities and maintain working relations with
external bodies and institutions active in the same area, be they
governmental or non-governmental organisations;
- contribute to promoting visibility of the PACE campaign
through different communication channels (websites, mailing lists;
Facebook page, Twitter account);
- follow up Assembly Resolution
2020 (2014) and Recommendation
2056 (2014) on “The alternatives to immigration detention of children”.
Appendix 3 – Guidelines for
the observation of elections by the Parliamentary Assembly
Bearing in mind the objectives and the political
nature of the Parliamentary Assembly’s observation missions as well
as the problems deriving from the past co-operation arrangements
with other international institutions, the following Guidelines
were adopted by the Bureau of the Assembly on 24 May 2004 and updated
by the Bureau on 7 October 2005, 16 November 2006, 23 May 2007,
8 October 2010, 27 January 2012, 29 June 2012, 17 December 2012,
6 March 2014 and 5 March 2015.
A. Elections
to be observed
1 For the Parliamentary Assembly of the Council of
Europe, the observation of elections plays an important role in
the assessment of the overall political situation of the country
in question. In practical terms this entails the systematic observation
of elections in any state whose parliament has requested or enjoys
special guest status, partner for democracy status, which has applied
for membership, or is subject to the monitoring procedure.
2 Observation of parliamentary and presidential elections as
well as of referenda in an applicant State or a State under the
monitoring procedure should be an inalienable right of the Assembly.
A State’s lack of cooperation with the Assembly, its refusal to
accept an election observation mission from the Assembly should give
rise to a debate at the part-session or Standing Committee meeting
following the elections in question. It may result in sanctions,
such as a freezing of the application procedure or the challenge
of the credentials of the national delegation concerned on the basis
of Rule 8.2.b.(lack of cooperation under the Assembly’s monitoring
procedure).
3 The Bureau may also decide to observe parliamentary and/or
presidential elections, as well as referenda, in a State that is
subject to the post-monitoring dialogue.
4 The observation of regional and local elections is the responsibility
of the Congress of Local and Regional Authorities of the Council
of Europe (the Congress). If the Assembly receives an invitation
to observe such elections and the Bureau decides to observe them,
the Assembly ad hoc committee shall cooperate with the election
observation mission the Congress may deploy. A report on these elections
by the Congress, sent to the President, should be referred, on a
Bureau’s proposal, to the Monitoring Committee.
5 The Bureau of the Assembly may decide to observe elections
in other States when exceptional circumstances have been brought
to its attention.
B. Elections
as a process
1 In conducting election observations, the Assembly
shall proceed from the understanding that an election is not a one-off
exercise, but rather a continuous process involving several stages,
all of which need to be analysed in order to assess an election.
The timeline, below, based on various Venice Commission documents, shall
serve as an aid in the assessment process.
2 The process starts with the elaboration of electoral legislation.
The quality of that legislation is a major, although not the unique
criterion to assess an election.
3 Electoral legislation should not be subject to constant change.
According to Venice Commission recommendations, “the fundamental
elements of electoral law… should not be open to amendment less
than one year ahead of an election, or should be written in a constitution
or at a level higher than ordinary law.”
Note In certain
circumstances, exceptions to the one year rule could be accepted,
namely where there is a need to rectify, through legislation, unforeseen
problems or to provide redress to violations of internationally
recognised rights where they had been built into the electoral law.
4 The second stage starts with the date when an election is
called. That date, in normal circumstances involving regular elections,
should be reasonably distant from the voting day to allow all political
stakeholders to prepare for an electoral contest.
5 The third stage starts with the opening of the electoral campaign.
6 The fourth stage is the voting day proper, and the vote counting.
7 The next stage is the declaration of results of an election,
followed by a complaints period stage.
C. Regarding
observation and co-operation in the field
1 Considering the role played by OSCE/ODIHR in the
field, the Assembly should stress the political objectives of its
participation in the observation process: full respect of Council
of Europe values and standards. This should be possible thanks to
the Assembly’s comparative assets such as the high political level
of its delegations and the experience of its members.
2 Practical assistance to Assembly delegations to observe the
elections, particularly the organisation of the programme for the
observation mission, should be provided by the national parliament,
in order to supplement properly the programme for short-term observers
organised by OSCE/ODIHR.
3 Co-operation with OSCE/ODIHR and other international organisations
will be continuous during the observation process in order to ensure,
in so far as possible, that assessments of the elections do not
differ. However, if, after the election, a joint final assessment
cannot be achieved in the framework of the IEOM, the Assembly’s
ad hoc committee reserves itself the right, to hold -if necessary-
its own press conference and issue a separate press release containing
its own assessment. In this respect, it is essential that the Assembly’s
ad hoc committee, when organising briefings, invites the OSCE/ODIHR.
Reciprocity is expected in briefings organised by OSCE/ODIHR.
D. Regarding
the practical organisation of the observation
1 On the basis of past experience, the following rules
will be applied:
i the Assembly
will observe elections mentioned in Section A above (any refusal
to send an invitation will constitute an evaluation criterion in
itself);
ii the Assembly observers will receive accreditation from
the Central Electoral Commission; the national parliament concerned
will be responsible for facilitating the issuing of this accreditation;
iii the ad hoc committees will cover a geographical area
of the country which is as wide as possible when observing elections.
Members of the ad hoc committee must be ready to accept deployment
beyond the capital city of the country in which the elections are
observed.
iv the membership of ad hoc committees for elections will
vary between 5 and 40 members and include any already appointed
rapporteurs of the Committee on Political Affairs and Democracy,
Committee on Legal Affairs and Human Rights and the Monitoring Committee
for the country concerned; in special cases the Bureau can decide
to increase this number. The composition of the ad hoc committees
is determined according to an appointment system taking into account
the numerical size of the political groups on the understanding
that each political group should be represented;
v while rapporteurs for the monitoring of, or post-monitoring
dialogue with, a given country should be encouraged to join an ad
hoc committee to observe an election in that country, they should
not be appointed chairpersons thereof. This is to ensure a distinction
between election observation as such and monitoring and post-monitoring
dialogue in the context of which the findings of an ad hoc committee
are followed up. Rapporteurs for the
evaluation of the partnership for democracy of a given parliament
should be encouraged to join the relevant ad hoc committee to observe
election; however, they should not be appointed chairpersons thereof. Where
the said rapporteurs join an ad hoc committee to observe an election,
their participation in the ad hoc committee shall be ex officio, and they shall not be
included in the quota allotted to their political group within the
meaning of paragraph iv;
vi the Chairmanship of the ad hoc committees shall rotate
between political groups to ensure, generally, an overall political
balance over a 12-month period. The committee chairs shall not be
nationals of neighbouring countries of the country where elections are
being observed;
vii a standard programme will be established for observation
missions: three days for political meetings (organised by the national
parliament), one day for the elections themselves (with cars, guides
and interpreters paid for by the Assembly), one day for evaluation/assessment
and the press conference;
viii where the Bureau deems it necessary, a pre-electoral
and/or a post-electoral 5-member cross-party mission may be dispatched;
ix to enhance the mission’s public profile, the ad hoc committees
will be referred to as “delegations” headed by a “leader of the
delegation” appointed by the Bureau;
x while every effort should be made to ensure a political
balance of ad hoc committees to observe elections, in the event
when some political groups fail to come up with candidates while
others put forward more candidacies than they are entitled to, the
principle of a political equilibrium may be foregone in the interests
of having a strong presence of the Parliamentary Assembly of the
Council of Europe during election observation. In such circumstances,
a notification by the Secretary General of the Parliamentary Assembly
will suffice;
xi political groups should bear it in mind that any appointment
to an ad hoc committee to observe elections should aim to ensure
the principle of gender balance of such a committee. Political groups
should endeavour to include, in the list of representatives appointed,
members of the under-represented sex in the same percentage as is
present in the group;
xii political groups should bear it in mind that any appointment
to an ad hoc committee should respect fair geographical representation
and be based on the candidate’s express capability, language-wise,
to meaningfully participate in the work of the mission, in particular,
given that on the spot the Council of Europe only provides interpretation
to and from English or French. It should be pointed out that English is
the de facto working language of the OSCE/ODHIR election observation
missions. At internal meetings of the ad hoc committees, in addition
to the members, the only persons authorised to participate are members
of the Council of Europe Secretariat. In exceptional cases, ad hoc
committee members may be accompanied at internal meetings of ad
hoc committees by interpreters;
xiii members of an ad hoc committee are encouraged to plan
their travel arrangement in a way that would allow them to participate
in the briefings in their entirety, to observe on election day and
to participate in the ad hoc committee debriefing on the morning
following the elections. It is understood that those members who
are unable to attend the debriefing in the capital because they
were deployed outside it may report their conclusions by phone;
xiv members of the ad hoc committee should be aware that as
far as the funding of their participation in the work of the ad
hoc committee is concerned, Article 38 of the Statute of the Council
of Europe shall apply (“Each member shall
bear the expenses of its own representation in the Committee of
Ministers and in the Parliamentary Assembly”);
E. Local
staff
1 Staff recruited locally by the Council of Europe
for the specific purposes of a pre-electoral, electoral or post-electoral
mission (eg interpreters, drivers) are expected to declare any actual
or potential conflict of interest by signing a written statement
and not to take any action which would cause damage to the reputation and
integrity of the mission.
F. Conflict
of interest and code of conduct of members of ad hoc committees
1 Members of ad hoc committees for the observation
of elections shall abide by the provisions of the Code of Conduct
for members of the Parliamentary Assembly of the Council of Europe
appended to
Resolution
1903 (2012).
2 In particular, members of ad hoc committees, in the accomplishment
of their pre-electoral, electoral or post-electoral duties, shall
avoid conflicts between any actual or potential economic, commercial,
financial of other interests on a professional, personal or family
level and their election observation activity in the country concerned;
if a member is unable to avoid such a conflict of interest it should
be disclosed.
3 Members shall not request or accept any fee, compensation
or reward intended to affect his or her conduct as a member of an
ad hoc committee. They shall avoid any situation that could appear
to be a conflict of interest or receiving an inappropriate payment
or gift.
4 All candidates for membership of an ad hoc committee, at
the time of putting forward their candidacy shall make a written
declaration regarding the absence or otherwise of any actual or
potential conflict of interest concerning them or members of their
families, whether related directly or indirectly and/or with whom
they are in regular contact, in connection with the country concerned
by an election observation. In accordance with paragraph 14 of the
Code of Conduct, they shall also register with the Secretariat of
the Assembly any gifts or similar benefits (such as travel, accommodation,
subsistence, meals or entertainment expenses) of a value in excess
of 200 euros that they have accepted in the last twenty four months
from the authorities of the country concerned, either directly or
indirectly.
5 The aforementioned declarations shall be made available to
the Bureau when it approves the composition of an ad hoc committee.
Failure to sign such declarations shall disqualify the member concerned from
being appointed to the ad hoc committee in question.
6 Members of an ad hoc committee shall refrain from engaging
in public statements interviews, press conferences or communications
via social networks which could contradict or conflict with the
final assessment made by the ad hoc committee. This applies at all
stages of the process: during the pre-electoral period, including
in the context of a pre-electoral mission, during and following
the election day, including in the context of a post-electoral mission.
7 Members of an ad hoc committee shall abstain from engaging
in public activities which could appear to interfere in the electoral
process or could be considered as partisan. This applies at all
stages of the process: during the pre-electoral period, including
in the context of a pre-electoral mission, during and following
election day, including in the context of a post-electoral mission.
8 Additionally, the provisions stipulated in the Code of Conduct
for rapporteurs of the Parliamentary Assembly (
Resolution 1799 (2011) shall apply
mutatis mutandis to
chairpersons of ad hoc committees over and above the provisions
of the Appendix to
Resolution
1903 (2012).
9 Alleged breaches of paragraphs 18-21 and 23-25 above shall
be dealt with in the manner prescribed in paragraphs 17 to 20 of
the appendix to
Resolution
1903 (2012).
G. Election
observation reports
1 The Chairperson of an ad hoc committee shall draft
a report on the election observation mission, which is submitted
to the Bureau and subsequently to the Assembly as part of the progress
report of the Bureau.
2 This report shall be based on the information received during
the meetings held during the mission, in line with the press release
and preliminary findings and conclusions of the International election
observation mission (IEOM), and take into account the comments and
assessments of members of the ad hoc committee regarding election
day made during the ad hoc committee’s meeting on the day following
the vote or in written form within a deadline fixed by the Chairperson,
as well as relevant documents of the Monitoring Committee, the Venice
Commission and other reliable sources. In principle, all members
of the ad hoc committee shall be consulted on the draft before the
report is issued.
H. Form
of Election Observation by the Assembly
1 The observation of elections by the Assembly can
take place in one of the following three forms upon decision of
the Bureau.
a Election
Observation Missions. These take the form of an ad hoc
Committee set up for this purpose. The size may vary from 5 to 40
members, Committees are composed on the basis of proposals by the Political
Groups taking into account the D’Hondt rule. The Chairperson of
the ad hoc Committee is appointed by the Bureau of the Assembly.
Chairmanship rotates between political groups. Election Observation
Missions issue a statement of their findings immediately following
the elections, where applicable in the framework of an IEOM. A pre-electoral
mission shall be conducted following a Bureau’s decision.
b Election Assessment Missions.
These take the form of an ad hoc Committee specifically set up for
this purpose. Election Assessment Missions are normally composed
of five members, but never less than three members, in order to
guarantee a minimum political and geographical balance of the ad
hoc Committee. The Chairperson of the ad hoc Committee is appointed
by the Bureau. Chairmanship rotates between political groups. The
ad hoc Committee will report its findings in the form of a memorandum
by its Chairperson to the Bureau. No pre-electoral mission will
be conducted.
c Presence on the Occasion of
Election of Assembly members during and/or just before
an election without a formal observation or assessment of it. Accordingly,
the Bureau does not set up an ad hoc committee but decides on the
dates of the mission. These missions are normally composed of the country
rapporteur(s) of the Monitoring Committee or the Committee on Political
Affairs and Democracy. In exceptional cases, the Bureau can appoint
one of its members to participate in these missions. This mission
will report their findings in the form of a memorandum to the Bureau.
2 Election Observation Missions for which less than five members
are identified shall be considered as Election Assessment Missions.
In the event that three members cannot be identified for an assessment mission,
the mission shall be cancelled. Time allowing, the possibility of
ensuring a presence could then be considered by the Bureau of the
Assembly.
Appendix 4 – Adoption of
declarations
The following Guidelines were approved by
the Bureau of the Assembly on 5 March 2015.
1. With regard to declarations as a communication
tool of the Assembly:
1.1. the President of the Parliamentary Assembly, who “shall
represent the Assembly in its external and international relations”,
shall act as the spokesperson of the Assembly; he or she alone shall
speak on behalf of the Assembly, in particular on topical questions
which require a quick reaction or for which several committees are
responsible;
1.2. Committee chairpersons, rapporteurs and general rapporteurs
of the Parliamentary Assembly may, in line with the Assembly’s communication
policy, speak on subjects for which the committee/rapporteur concerned
is responsible provided that the President of the Assembly has not
already taken a position; they may not substitute their assessment
for that of the Assembly.
2. With regard to declarations as a decision-making
instrument of the Assembly:
2.1. a declaration must be formally approved by, and on behalf
of, an official body of the Parliamentary Assembly, i.e. the Bureau,
the Standing Committee or a committee;Note
2.2. a declaration must concern a subject which comes within
the competence of the Council of Europe and falls within the remit
of the body which produces it;
2.3. by analogy with a written declaration or a motion for
a text presented by members of the Assembly, it might be useful
to prescribe the form of declarations (presentation in both official
languages and maximum length of 300 words);
2.4. out of a concern for transparency, examination and approval
of a declaration must comply with the rules below:
2.4.1. it must be included on the agenda for examination and
approval at the latest when the committee, Bureau or Standing Committee
adopt the agenda at the beginning of the meeting;
2.4.2. the draft must be distributed in the same conditions
in terms of form and deadline, as any other document (Rule 47.5
for a committee, Rule 17.6 for the Standing Committee), except in
urgent situations at the request of the President of the Assembly
(for the Standing Committee and Bureau) or the chairperson of the
committee concerned;
2.4.3. approval must be by the majority of votes cast, subject
to the requisite quorum (by analogy with the procedure laid down
for the adoption of motions for texts by committees – Rule 25.2);
2.5. declarations are not motions for texts (Rule 25) and
may not be referred to committees for a report or be debated in
the Assembly.
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