The Reykjavik Summit of the Council of Europe: United around values in the face of extraordinary challenges
Recommendation 2245
(2023)
| Provisional version
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 24 January 2023 (4th sitting) (see Doc. 15681 and addendum, report
of the Committee on Political Affairs and Democracy, rapporteur:
Ms Fiona O'Loughlin). Text adopted by the Assembly on
24 January 2023 (4th sitting).
1. Europe is
facing extraordinary challenges. The Russian Federation’s large-scale,
protracted and brutal aggression against Ukraine is an affront to
all the principles the Council of Europe stands for and to the foundations
of the European multilateral architecture which has been built to
avoid repeating the atrocities of the Second World War. Russia's
full-scale military aggression against Georgia in 2008 and subsequent occupation
of Georgia's regions is part of the same aggressive policy, blatantly
violating fundamental principles and norms of international law
and rules-based international order.
2. The return of a large-scale war of aggression in Europe highlights
that the solidity and resilience of European democracies, their
respect for human rights and their adherence to the rule of law
are the best guarantees for each other’s prosperity, security and
peaceful future. In this defining moment of European history, Council
of Europe member States, at the highest political level, should
reaffirm their unity around common values and their unfaltering
commitment to multilateralism based on international law.
3. The Parliamentary Assembly, therefore, hails the decision
of the Committee of Ministers to convene the 4th Summit of the Heads
of State and Government of the Council of Europe in Reykjavik on
16-17 May 2023. It commends the endeavours by the Irish and the
Icelandic presidencies of the Committee of Ministers to achieve
this result and expresses great appreciation for the role of the
Secretary General, including her initiative, at the invitation of
the Committee of Ministers, to set up a High-Level Reflection Group.
The Assembly welcomes the report of the High-Level Reflection Group
as a significant contribution to the effort of reflection which
is currently under way to prepare the Summit and supports its general
thrust and main proposals.
4. While Ukraine and Ukrainians are the direct victims of the
illegal, unjustified and unjustifiable aggression by the Russian
Federation, its repercussions are felt worldwide. Europeans have
started to pay the price of the war through higher living costs
and an impending economic recession which will affect their lives
as they emerge from the first waves of the Covid-19 pandemic. This
may contribute to further eroding trust in political systems and
institutions, reinforcing the downward trend of the past few years.
5. How to bridge the gap between people’s expectations and public
delivery is a further test for European democracies. People are
calling for their rights to be protected, including against abuses
by their own authorities. They demand a healthy environment and
action against climate change. They want technology to improve the
quality of their lives without controlling them. People demand to
have a greater say in political decision making and participate
in the democratic processes, beyond elections. They understandably
expect politics and public institutions to be free from corruption.
They care deeply for justice, greater equality and inclusion, and
better socio-economic prospects for themselves and future generations.
6. The 4th Summit should have the ambition to set out a forward-looking
agenda for the Council of Europe, putting people’s interests, concerns
and expectations back to the forefront of the mission of the Organisation.
7. The Assembly therefore recommends that the Committee of Ministers
prepare a Political Declaration and an Action Plan to be endorsed
by the Heads of State and Government of the Council of Europe during
the forthcoming Summit, with a view to providing a new strategic
vision, a fresh political impetus and new responses in the face
of the present extraordinary challenges.
8. United around common values, the Heads of State and Government
of the Council of Europe should:
8.1 affirm
their unwavering support for the sovereignty, independence and territorial
integrity of Ukraine within its internationally recognised borders
and stand in solidarity with Ukraine and Ukrainians;
8.2 condemn the Russian Federation’s aggression against Ukraine
as a serious violation of international law and a threat to international
peace and security which has also resulted in gross and serious
violations of international humanitarian law and international human
rights law and inflicted intensive damage and suffering to the victims
and entire Ukrainian people as well as endangered and continues
to endanger peace and security in Europe and the world;
8.3 take a comprehensive approach to the issue of accountability
of the Russian Federation in relation to the aggression against
Ukraine, by ensuring that no gaps at level of international and
national accountability efforts persist and impunity is fully prevented,
taking into account the urgency of the matter and pressing need
for action and in particular:
8.3.1 support
and lead the initiative to set up an ad hoc international criminal
tribunal to investigate and prosecute the crime of aggression committed
by the political and military leadership of the Russian Federation
and call on the Council of Europe and the member States to provide
concrete expert and technical assistance in its setting up and also
call on the Council of Europe to have an active leading role in
the establishment of such an ad hoc international criminal tribunal;
8.3.2 support the work of international courts and national
courts having a mandate to investigate and prosecute genocide, war
crimes, international humanitarian law violations and crimes against
humanity committed in the context of the aggression;
8.3.3 support the setting up of a comprehensive international
compensation mechanism, including a register of the damage caused
by the Russian aggression;
8.4 reaffirm that the pursuit of peace based upon justice
and international co-operation is a vital precondition for the preservation
of human society and civilisation;
8.5 confirm their commitment to rules-based multilateralism
as the pivot of the international order;
8.6 reiterate their mutual engagement to make it possible
for Europe to be a vast area of democratic security, echoing the
words of the Vienna Declaration which concluded the 1st Summit of
Heads of State and Government of the Council of Europe in 1993.
9. The 4th Summit should ensure that the Council of Europe steps
up its support to Ukraine, immediately and after the end of the
war of aggression. Well-functioning democratic institutions, respect
for the rule of law and compliance with democratic standards together
with stronger European integration are the best guarantee for the
democratic security of Ukraine and Europe, and are as essential
as the reconstruction effort. Steps should be taken to increase
the profile and visibility of the Council of Europe’s substantial
assistance to and co-operation with Ukraine, as well as to ensure
enhanced co-ordination and co-operation with other relevant international
organisations, through the establishment of a Special Co-ordinator,
under the authority of the Secretary General.
10. It should also demand that the Russian Federation withdraw
from the territories of Georgia, the Republic of Moldova and Ukraine
which are illegally occupied and under its control; reiterate the
applicability of the European Convention on Human Rights (ETS No.
5) and other Council of Europe human rights treaties in these territories;
encourage the Council of Europe to maintain contacts with civil
society, non-governmental organisations, human rights defenders
and independent journalists on the ground and to support other international
human rights mechanisms which are accessible to people in these
areas, including under the aegis of the Organization for Security
and Co-operation in Europe (OSCE) and the United Nations.
11. Reaffirming the role of the Council of Europe as the leading
intergovernmental organisation in Europe for all matters relating
to human rights, democracy and the rule of law, the Heads of State
and Government of the Council of Europe should reiterate its pan-European
vocation, unity and its nature as a community of values, which can
be a beacon for anybody who promotes or aspires to human rights,
democracy and the rule of law, wherever they are. In this context,
the Summit should express support for a policy of openness towards Belarusian
and Russian individuals, groups and organisations who unequivocally
uphold Council of Europe values and principles.
12. The Summit should further develop the Council of Europe role
as a political community by enhancing the political dimension of
its work and ensuring an efficient articulation of functions and
responsibilities with other institutions of the multilateral architecture.
In this regard, it should aim to upgrade the strategic partnership between
the Council of Europe and the European Union, in line with Assembly
Resolution 2430 (2022) “Beyond the Lisbon treaty: strengthening the strategic
partnership between the Council of Europe and the European Union”,
by:
12.1 giving a decisive push
for finalising the negotiations for European Union accession to
the European Convention on Human Rights;
12.2 inviting the European Union to join other Council of Europe
instruments, including the Revised European Social Charter (ETS
No. 163), the Council of Europe Convention on preventing and combating violence
against women and domestic violence (ETS No. 210, “Istanbul Convention”)
and the partial and enlarged agreement establishing the Group of
States against Corruption (GRECO);
12.3 enhancing political dialogue and co-operation, especially
in the area of the rule of law;
12.4 calling on the European Union to envisage a structured
role for the Council of Europe in the context of the European Union
enlargement process;
12.5 laying the ground for a revision of the Memorandum of
Understanding between the Council of Europe and the European Union.
13. The Summit should acknowledge the Council of Europe’s contribution
to global governance and encourage the Organisation to project its
values and standards beyond its membership, strengthening co-operation
with interested States and organisations, whether in its geographical
neighbourhood or its political proximity. It should seek to profile
the Council of Europe as a closer partner for the United Nations,
its agencies and mechanisms with a view to supporting global governance,
rules-based multilateralism and the achievement of the Sustainable
Development Goals.
14. While democracy, human rights and the rule of law should remain
its main objectives and areas of expertise, the Council of Europe
should be renewed, strengthened and given new means to have an impact and
stay ahead of developments, keeping up with societal change and
citizens’ demands.
15. As regards human rights, the Heads of State and Government
of the Council of Europe should commit to safeguarding and further
strengthening the Convention system, including by:
15.1 reaffirming the binding nature
of the European Court of Human Rights’ judgments and decisions on
interim measures and their primacy over those of national jurisdictions;
15.2 further strengthening the execution of judgments by strengthening
relevant co-operation activities and introducing a procedure for
enhanced political dialogue in cases of non-compliance;
15.3 acknowledging and promoting the role of national parliaments,
national human rights institutions and civil society organisations
in monitoring compliance with the Convention and the Court’s judgments.
16. With a view to responding to widespread and pressing public
demands for governments to tackle climate change and prioritise
long-term environmental sustainability over immediate economic concerns,
climate change should be a separate item on the agenda of the Summit,
allowing the Heads of State and Government of the Council of Europe
to:
16.1 take the lead as Council
of Europe to establish environmental protection as a right while reiterating
the commitment to reduce global greenhouse gas emissions to limit
the global temperature increase, in line with the Paris Agreement;
16.2 support the drafting a Council of Europe legally binding
framework to guarantee the right to a clean, healthy and sustainable
environment, in line with Assembly
Resolution 2396 (2022) “Anchoring the right to a healthy environment: need
for enhanced action by the Council of Europe”, unanimously adopted
by the Assembly;
16.3 ask for the creation of a Council of Europe committee
acting as a platform to share information, promote best practice,
provide legal advice and develop tools for evaluating policies and
legislation in the area of environmental protection and the fight
against climate change.
17. The Heads of State and Government of the Council of Europe
should acknowledge and give a new impulse to the pioneering role
of the Council of Europe in human rights protection and to its capacity
to set legal standards, promote best practice and support domestic
reform efforts in emerging areas of concern, including new generation
rights. They should back the Council of Europe work in the areas
of artificial intelligence, data protection, gender equality and
protection against gender-based violence and discrimination.
18. Greater emphasis on social rights, which form an indivisible
part of human rights, would enable the Council of Europe to address
one of the main root causes of the backsliding of democracy, a worrying
trend which has been witnessed in recent years. To tackle this phenomenon,
the Summit should also support an expansion of the Council of Europe’s
activities aimed at enhancing citizens’ trust in democratic processes
and public institutions, namely as regards:
18.1 strengthening good governance and the respect of the rule
of law;
18.2 enhancing the quality and professionalism of the public
administration;
18.3 strengthening the independence of the judiciary;
18.4 fighting against corruption;
18.5 reinforcing local democracy;
18.6 expanding opportunities for civil participation and deliberative
democracy in public decision making;
18.7 tackling discrimination, intolerance and exclusion;
18.8 ensuring the integrity, resilience and adaptability of
electoral processes and making sure that they are inclusive, representative
and participatory.
19. Heads of State and Government should reiterate their commitment
to protecting the rights of persons belonging to national minorities,
which is a key aspect of human rights protection and democratic
participation, and a precondition for peace and democratic security.
The Summit should set out closer co-operation between the Council
of Europe and the European Union in this area, including in the
evaluation of EU candidate countries based on the Copenhagen criteria
and the relevant standards developed by the Council of Europe.
20. Furthermore, in order to strengthen the coherence, impact
and visibility of the Organisation’s activities in the area of democracy
and the rule of law, the Summit should:
20.1 ask for the elaboration of a democracy checklist identifying
the essential criteria which govern a well-functioning democracy,
to be used by member and other States as a reference document;
20.2 envisage the establishment of a Council of Europe Commissioner
for Democracy and the Rule of Law as an independent body elected
by the Assembly, entrusted with means and capacity for engaging systematically
in a permanent dialogue with member States, providing early warning
and rapid reaction, as well as offering relevant assistance, in
close co-operation with key parts of the Council of Europe Secretariat
and institutions, including the Congress of Local and Regional Authorities,
to help strengthen the democratic model throughout Europe.
21. The Summit should ensure that the Council of Europe puts people
at the centre by:
21.1 mainstreaming
a youth perspective in all its activities;
21.2 creating new channels for civil society, non-governmental
organisations and national human rights institutions to provide
meaningful input into the work of the Organisation, especially in
its dimensions of standard-setting, monitoring and co-operation;
21.3 adopting more open and transparent working methods;
21.4 introducing a communication policy which effectively conveys
the aims, objectives and impact of the Council of Europe to the
wider public.
22. With a view to ensuring that the Council of Europe can count
on the financial resources to effectively carry out its mission,
the Heads of State and Government of the Council of Europe should:
22.1 make a political commitment
to increase the ordinary budget of the Council of Europe, in real terms;
22.2 ask the Committee of Ministers to review the scales of
the contributions from member States with a view to raising the
minimum contribution and ensuring greater fairness in the way in
which member States finance the Organisation;
22.3 invite the Committee of Ministers to explore the possibility
of the European Union contributing to the Council of Europe ordinary
budget, in light of the strategic partnership between the two Organisations.
23. The Assembly invites the Committee of Ministers and the Secretary
General, within their respective competences, to translate the political
guidance of the Summit into appropriate implementing measures and administrative
reforms.
24. The Assembly recommends that the Committee of Ministers closely
associate it to the process of reflection and preparation leading
up to the Summit and to its follow-up, in continuation of the climate
of dialogue and co-operation with the Committee of Ministers, the
Secretary General and the other Council of Europe bodies and institutions.
25. On its part, the Assembly resolves to continue to support
the process and commits to taking into account the political guidance
of the Summit in its work.