Activities of the Assembly's Bureau and Standing Committee (31 January – 6 April 2014)
Progress report
| Doc. 13470
| 04 April 2014
1 Introduction
At its meeting on 31 January 2014, the Bureau appointed me
as Rapporteur for this report. Since then, the Bureau has met, on
6 March 2014 in Paris. The Standing Committee met on 7 March 2014
in Paris.
In line with previous reports, this progress report covers
the period outside of Assembly sessions, leaving aside the decisions
which have already been ratified by the Assembly. Therefore, this
report presents the Bureau’s activities since the end of the first
part-session of 2014 (27-31 January) until the second part-session
of 2014 (7-11 April).
The Bureau will hold its next meetings in Strasbourg on Monday
7 April 2014 at 8 a.m. and Friday 11 April 2014 at 8.30 a.m., then
on 22 May 2014 in Baku. The next meeting of the Standing Committee
will also be held in Baku on 23 May 2014.
2 Activities
of the Bureau since the last part-session
2.1 Follow-up to the
Assembly’s Resolutions
2.1.1 Follow-up to the
first part-session of 2014 (Strasbourg, 27-31 January 2014)
On 31 January 2014, the Bureau approved the following proposals
made by the Secretary General of the Parliamentary Assembly:
- Resolution 1966 (2014) on Refusing impunity for
the killers of Sergei Magnitsky: With reference to paragraph
18 of the Resolution, the Bureau decided to invite Mr Andreas Gross
(Switzerland, SOC), Rapporteur, to follow-up on the developments
and to propose subsequent action to be taken;
- Resolution
1967 (2014) on A strategy to prevent
racism and intolerance in Europe: With reference to paragraph
9 of the Resolution, the Bureau decided to ask the Committee on
Equality and Non-Discrimination to propose concrete action for the
follow-up and to come back with proposals to the Assembly;
- Resolution
1969 (2014) on Evaluation of the partnership
for democracy in respect of the Palestinian National Council: the
Bureau decided to refer this issue to the Committee on Political
Affairs and Democracy for the preparation of a new report on this
subject and to the Committees on Legal Affairs and Human Rights
and Equality and Non-Discrimination for opinion;
- Resolution
1974 (2014) on the functioning of democratic
institutions in Ukraine: The Bureau decided to ask the
co-Rapporteurs of the Monitoring Committee to follow up on the political
developments and come back to the Assembly with proposals for possible
action before the April part-session of 2014. It also invited the
Presidential Committee to consider a visit to Ukraine in the weeks
that follow;
- Free debates: The
Bureau decided to ask the Secretary General of the Parliamentary
Assembly to address a letter to all delegations, reminding members
that interventions at a free debate should not touch upon any subject
on the agenda of the same part-session;
- Disciplinary measures in respect of Mr Tamás Gaudi Nagy
(Hungary, NR): With regard to the disrespect shown by Mr Tamás Gaudi
Nagy (Hungary, NR) towards the earlier decision of the President
of the Assembly to deprive him of the right to speak and to be enrolled
on the list of speakers in plenary and in committee meetings during
the Assembly’s first part-session of 2014, the Bureau took note
that the President will consider further disciplinary sanctions.
2.2 Second part-session
of 2014 (Strasbourg, 7-11 April 2014)
On 6 March 2014, the Bureau decided to recommend to the Assembly
to hold a debate under urgent procedure on “Recent developments
in Ukraine: threats to the functioning of democratic institutions”
and referred the matter to the Monitoring Committee for report.
The Bureau took note of the draft agenda.
2.3 Election observation
2.3.1 Meeting of the
Chairpersons of Ad hoc Committees for the observation of elections (29 January 2014)
On 31 January 2014, the Bureau took note of the conclusions
of the meeting as well as of the proposed amendments to the Parliamentary
Assembly Guidelines for Election Observation and decided to consider
the amendments at its following meeting (see chapter 4.1.).
2.3.2 Early parliamentary
elections in Serbia (16 March 2014)
On 31 January 2014, the Bureau approved the composition of
the ad hoc committee and appointed Mr Pedro Agramunt (Spain, EPP/CD)
as Chairperson.
On 6 March 2014, the Bureau took note of the press release
of the pre-electoral mission and approved the final composition
of the ad hoc committee (see Appendix 1).
2.3.3 Presidential election
in “the former Yugoslav Republic of Macedonia” (13 and 27 April
2014)
On 31 January 2014, the Bureau approved the composition of
the ad hoc committee, subject to the receipt of the invitation,
and appointed Mr Stefan Schennach (Austria, SOC) as Chairperson.
At its following meeting, it approved the final composition of the
ad hoc committee (see Appendix 2).
2.3.4 Early parliamentary
elections in “the former Yugoslav Republic of Macedonia” (27 April
2014)
On 6 March 2014, the Bureau decided (subject to the receipt
of an invitation) that the same ad hoc committee to observe the
presidential election would also observe the early parliamentary
elections, and invited political groups to propose more substitutes
to be included in the ad hoc Committee.
2.3.5 Early presidential
election in Ukraine (25 May 2014)
On 6 March 2014, the Bureau decided to observe the early presidential
election and constituted an ad hoc committee for this purpose composed
of 42 members: SOC: 13; EPP/CD: 13, ALDE: 6, EDG: 6, UEL: 2 (in accordance
with the D’Hondt system) and the two co-rapporteurs of the Monitoring
committee. It authorised a pre-electoral mission to take place one
month ahead of the election.
2.4 Issues raised by
committees
2.4.1 Committee on Political
Affairs and Democracy
On 31 January 2014, the Bureau authorised Mr Andreas Gross
(Switzerland, SOC), Rapporteur on the “Request for partner for democracy
status with the Parliamentary Assembly submitted by the Parliament
of the Kyrgyz Republic”, to conduct a fact-finding visit to the
country from 23 to 26 February 2014, in the framework of the preparation
of his report.
It also authorised Mr Mogens Jensen (Denmark, SOC), Rapporteur
on the “Request for partner for democracy status with the Parliamentary
Assembly submitted by the Parliament of Jordan”, to conduct a fact-finding
visit to the country, in the framework of the preparation of his
report.
2.4.2 Committee on Legal
Affairs and Human Rights
On 6 March 2014, the Bureau took note of the designation of
Ms Marietta Karamanli (France, SOC) as General Rapporteur on the
Death Penalty.
2.4.3 Committee on Social
Affairs, Health and Sustainable Development:
On 31 January 2014, the Bureau authorised an ad hoc sub-committee
to participate in a Conference on “Growing with children’s rights”
organised in the context of the implementation of the Council of
Europe Strategy for the Rights of the Child (2012-2015), in Dubrovnik,
Croatia on 27-28 March 2014.
2.4.4 Committee on Equality
and Non-Discrimination
On 31 January 2014, the Bureau took note of the fact that
the Gender equality prize would not be awarded in 2014.
It also authorised Mr
José Mendes Bota (Portugal, EPP/CD), General Rapporteur on violence
against women, to participate in the 58th session of the Commission
on the Status of Women, at the United Nations Headquarters in New
York on 10-11 March 2014.
2.4.5 Committee on the
Rules of Procedure, Immunities and Institutional Affairs
On 6 March 2014, the Bureau took note of an information memorandum
on the participation of members in Parliamentary Assembly plenary
sessions and committee meetings in 2013, in accordance with Resolution 1583 (2007).
It invited the President of the Assembly to notify in writing
the chairpersons of the delegations and the speakers of the parliaments
concerned by low participation rates or to arrange a meeting with
the chairpersons of the relevant delegations and decided to make
publicly available on the Assembly’s website the statistics related
to the participation of national delegations.
2.5 References and
transmissions to committees
2.5.1 References approved
by the Bureau
At its meeting on 31 January 2014, the Bureau approved the
following references, which were ratified by the Assembly on the
same day:
- Doc. 13364, Motion for a resolution, Freedom of religion and religious
practices, reference to the Committee on Culture, Science, Education
and Media for report and to
the Committee on Social Affairs, Health and Sustainable Development
and to the Committee on Legal Affairs and Human Rights for opinion;
- Doc. 13381, Motion for a resolution, Forced migration: a new challenge,
reference to the Committee on Migration, Refugees and Displaced
persons for report;
- Bureau decision, The activities of the Organisation for
Economic Co-operation and Development (OECD), reference to the Committee
on Political Affairs and Democracy for
report;
- Bureau decision, Evaluation of the partnership for democracy
in respect of the Palestinian National Council, reference to the
Committee on Political Affairs and Democracy for
report and to the Committees on Legal Affairs and Human
Rights and Equality and Non-Discrimination for
opinion.
At its meeting on 6 March 2014, the Bureau approved the following
references, which were subsequently ratified by the Standing Committee
on 7 March 2014:
- Doc. 13401, motion for a resolution, Combating sexual violence
against children: towards a successful conclusion of the ONE in
FIVE campaign, reference to the Committee on Social Affairs, Health
and Sustainable Development for report;
- Doc. 13402, motion for a resolution, Improving children’s access
to child-friendly health and social services, reference to the Committee
on Social Affairs, Health and Sustainable Development for report;
- Doc. 13404, motion for a resolution, Educational and cultural networks
of communities living abroad, reference to the Committee on Culture,
Science, Education and Media for report and
to the Committee on Migration, Refugees and Displaced Persons for opinion.
2.5.2 Reference for consultation
At its meeting on 6 March 2014, the Bureau approved the following
reference :
- Doc. 13400, motion for a resolution, The employment rights of female
workers from Eastern Europe, consultation of the Committee on Equality
and Non-Discrimination on a possible
follow-up.
2.5.3 Extension of references
At its meeting on 31 January 2014, the Bureau approved the
extension of the following references:
- Doc. 12585, motion for a resolution (Reference 3772 of 27 May 2011
– validity: 31 January 2014), Improving user protection and security
in cyberspace: extension until 31 March 2014;
- Doc. 12866, Motion for a resolution (Reference 3857 of 23 April
2012 – validity: 23 April 2014), The political transition in Egypt:
extension until 23 April 2015;
- Bureau decision (Reference 3834 of 28 January 2012 – validity:
28 January 2014), Evaluation of the implementation of the reform
of the Parliamentary Assembly: extension until 30 June 2014.
At its meeting on 6 March 2014, the Bureau approved the extension
of the following references:
- Doc. 12841, motion for a resolution, Witness protection as an indispensable
tool in the fight against organised crime and terrorism in Europe
(Ref. 3850 of 23 April 2012 – validity: 23 April 2014), extension until
31 December 2014;
- Bureau decision, The effectiveness of the European Convention
on Human Rights: the Brighton declaration and beyond (Ref. 3864
of 27 April 2012 – validity: 27 April 2014), extension until 31 December
2014.
2.6 Communications
The Bureau took note of communications by the President of
the Assembly, the Secretary General and the Deputy Secretary General
of the Council of Europe.
2.7 Election of the
Secretary General of the Council of Europe
On 6 March 2014, the Bureau took note of the Resolution CM/Res(2014)1
transmitted by the Committee of Ministers and decided to invite
the candidates to interviews at the Bureau meeting on 22 May 2014
in Baku.
2.8 European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT)
On 31 January 2014, the Bureau drew up the list of candidates
for the CPT in respect of Bosnia and Herzegovina, Liechtenstein,
Sweden, Turkey and the United Kingdom, which it forwarded to the
Committee of Ministers;
2.9 Composition of
the Monitoring Committee
On 31 January 2014, the Bureau nominated Mr Giorgi Kandelaki
(Georgia, EPP/CD), Mr Giuseppe Galati (Italy, EPP/CD), Mr Epameinondas
Marias (Greece, EDG), Ms Ingebjørg Godskesen (Norway, EDG), Mr Robert Walter
(United Kingdom, EDG), Mr Karl Gardarsson (Iceland, ALDE), Ms Meritxell
Mateu Pi (Andorra, ALDE), Mr Bernard Pasquier (Monaco, ALDE), and
Mr Ionuţ-Marian Stroe (Romania, ALDE), on the basis of proposals
submitted by the EPP/CD, EDG and ALDE groups, which were subsequently
ratified by the Assembly.
On 6 March 2014, the Bureau nominated Ms Valentina Leskaj
(Albania, SOC) on the basis of a proposal submitted by the Socialist
Group, which was subsequently ratified by the Standing Committee.
2.10 Composition of
the Committee on Rules of Procedure, Immunities and Institutional
Affairs
On 31 January 2014, the Bureau nominated Ms Chiora Taktakishvili
(Georgia, ALDE), Mr Levon Zourabian (Armenia, ALDE) and Mr Dimitrios
Papadimoulis (Greece, UEL), on the basis of proposals submitted
by the ALDE and UEL groups, which were subsequently ratified by
the Assembly.
2.11 Meetings elsewhere
than in Strasbourg and Paris
During the reference period, the Bureau authorised the following
meetings:
- Committee on Culture,
Science, Education and Media, to meet in Moscow on 10-11 March 2014;
- Committee on Political Affairs and Democracy, to meet
in Athens on 7 May 2014;
- Committee on Social Affairs, Health and Sustainable Development,
to meet in Nicosia on 12-13 May 2014;
- Sub-Committee on Media and Information Society (Committee
on Culture, Science, Education and Media), to meet in Copenhagen
on 12-13 May 2014.
2.12 Appointment of
Assembly representatives for official activities
The following members were appointed during the reference
period:
- Ms Doris Barnett (Germany,
SOC), to participate in the OSCE Parliamentary Assembly 13th winter meeting,
in Vienna, 13-14 February 2014;
- Mr Robert Walter (United Kingdom, EDG) to represent the
Assembly at the 130th IPU Assembly in Geneva, Switzerland, on 16-20
March 2014.
2.13 Use in French of
the feminine equivalent of the term “rapporteur”
On 6 March 2014, the Bureautook
note of the opinion of the Committee on Rules of Procedure, Immunities
and Institutional Affairs [AS/Pro (2014) 02] and confirmed the current
practice to use the term “rapporteure”.
2.14 Václav Havel Human
Rights Prize
On 31 January 2014, the Bureau took note of the memorandum
prepared by the Secretary General of the Assembly and approved the
modification of Article 6.4 of the Regulations for the Václav Havel
Human Rights Prize concerning the deadline for submission of nominees
for the Prize, subject to ratification by the Assembly.
2.15 General Rapporteurs
On 6 March 2014, the Bureau approved the terms of reference
of a General Rapporteur on combating racism and intolerance, upon
the request of Committee on Equality and Non-Discrimination, subsequently
ratified by the Standing Committee, and agreed that General Rapporteurs
can keep their function after the expiry of their mandate until
a new General Rapporteur is appointed by the committee concerned.
2.16 Institutional representation
of the Parliamentary Assembly in 2014
On 31 January 2014, the Bureau approved the appointment of
representatives appointed the Assembly’s representatives to various
bodies (see Appendix 3).
2.17 Other business
On 6 March 2014, the Bureau granted the title of Honorary
President of the Parliamentary Assembly to Mr Mevlüt Çavuşoğlu,
former President of the Assembly.
3 Activities of the
Standing Committee (Paris, 7 March 2014)
The Standing Committee ratified the credentials of new members
of the Assembly submitted by the delegations of Croatia, Estonia,
Germany and the Russian Federation and approved changes in the composition
of Assembly committees.
It took note of the draft agenda of the second Part-Session
of the Assembly (7-11 April 2014) and ratified the references proposed
by the Bureau as listed in chapter 2.5.1 of this report.
It ratified the terms of reference of a General Rapporteur
on combating racism and intolerance and took note of the decision
of the Bureau that General Rapporteurs can keep their function after
the expiry of their mandate until a new General Rapporteur is appointed
by the Committee concerned.
It held a current affairs debate on “The political crisis
in Ukraine” and adopted a statement on the same subject, contained
in Appendix 4 hereafter.
The Standing Committee held an exchange of views with Mr Thorbjørn
Jagland, Secretary General of the Council of Europe and with Mr
Ranko Krivokapić, President of the Parliamentary Assembly of the
OSCE.
Following debates, the Standing Committee adopted the following
texts on behalf of the Assembly, which are available on the Assembly
website:
4 Decisions of the
Bureau requiring ratification by the Assembly
4.1 Guidelines for
the observation of elections by the Parliamentary Assembly
On 6 March 2014, the Bureau approved the amendments to the
Guidelines proposed at the meeting of the Chairpersons of ad hoc
Committees for the observation of elections (29 January 2014), subject
to ratification by the Assembly (Appendix 5).
The Assembly is invited to ratify
this Bureau decision.
Appendix 1 – Ad Hoc Committee
for the observation of the early parliamentary elections in Serbia (16 March
2014)
List of
members
Pedro AGRAMUNT (Spain, EPP/CD), Head of the delegation
Socialist
Group (SOC)
- Ferdinando AIELLO, Italy
- Philippe BLANCHART, Belgium
- Maria GIANNAKAKI, Greece
- Igor IVANOVSKI **, “The former Yugoslav Republic of Macedonia”
- Luc RECORDON, Switzerland
- Kostas TRIANTAFYLLOS, Greece
Group of
the European People’s Party (EPP/CD)
- Pedro AGRAMUNT **, Spain
- Viorel BADEA, Romania
- Giuseppe GALATI, Italy
- Foteini PIPILI, Greece
- Kimmo SASI, Finland
Alliance
of Liberals and Democrats for Europe (ALDE)
- Andrea RIGONI, Italy
- Hirakli CHIKOVANI, Georgia
- Ionuţ-Marian STROE, Romania
European
Democratic Group (EDG)
- Reha DENEMEÇ, Turkey
- Ingebjørg GODSKESEN **, Norway
- Igor MOROZOV, Russian Federation
Group of
the Unified European Left (UEL)
- Grigore PETRENCO **,
Republic of Moldova
Venice
Commission
Secretariat
- Chemavon CHAHBAZIAN,
Deputy to the Head of Secretariat of the Interparliamentary cooperation
and election observation Unit
- Franck DAESCHLER, Principal Administrative Assistant
- Daniele GASTL, Assistant
** members of the pre-election
delegation (19-20 February 2014)
Appendix 2 – Ad Hoc Committee
for the observation of the presidential and early parliamentary elections
in “the former Yugoslav Republic of Macedonia” (13 and 27 April
2014)
List of
members
Stefan SCHENNACH (Austria, SOC), Head of the delegation
Socialist
Group (SOC)
- Joe BENTON, United Kingdom
- Andreas GROSS, Switzerland
- Stefan SCHENNACH **, Austria
- Josette DURRIEU, France
- Luc RECORDON, Switzerland
- Deniza KARADJOVA, Bulgaria
Group of
the European People’s Party EPP/CD)
- Werner AMON, Austria
- Şaban DİŞLİ**, Turkey
- Bernd FABRITIUS, Germany
- Yves POZZO di BORGO, France
Alliance
of Liberals and Democrats for Europe (ALDE)
- André BUGNON, Switzerland
- Margus HANSON**, Estonia
- Chiora TAKTAKISHVILI, Georgia
European
Democrat Group (EDG)
- Brian BINLEY, United
Kingdom
- Sir Roger GALE, United Kingdom
- Reha DENEMEÇ, Turkey
Substitutes
- Tülin ERKAL KARA, Turkey
- Morten WOLD, Norway
- Ganira PASHAYEVA, Azerbaijan
Group of
the Unified European Left (UEL)
- Vassiliy LIKHACHEV **,
Russian Federation
Rapporteur
AS/MON (ex-officio)
- Robert WALTER**, United
Kingdom
Venice
Commission
Secretariat
- Vladimir DRONOV, Head
of Secretariat, Interparliamentary cooperation and election observation
Unit
- Bogdan TORCĂTORIU, Administrative Officer, Interparliamentary
cooperation and election observation Unit
- Franck DAESCHLER, Principal Administrative Assistant
- Anne GODFREY, Assistant
** members of the pre-election
delegation
Appendix 3 – Institutional
representation of the Parliamentary Assembly in 2014
|
Body
|
Who represents the Assembly
|
Reference
|
2013
|
2014
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
Çavuşoğlu, EDG
appointment by the President
Mr
Chope – EDG (AS/Jur)
Substitute:
Mr
Mahoux – SOC (AS/Jur)
|
Members:
Mr
Mignon, EPP/CD
appointment by the President
Mr
Chope – EDG (AS/Jur)
Substitute:
Mr
Díaz Tejera – 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)
Ms
de Pourbaix-Lundin – EPP/CD (AS/Mon)
Substitutes:
Ms
Khidasheli – ALDE (AS/Pol)
Mr McNamara – SOC (AS/Jur)
Mr
Xuclà – ALDE (AS/Mon)
|
Members:
Ms
Durrieu – SOC (AS/Pol)
Mr Gross – SOC (AS/Jur)
Mr
Jordi Xucla – ALDE (AS/Mon)
Substitutes:
Ms
Khidasheli – ALDE (AS/Pol)
Mr McNamara – SOC (AS/Jur)
Ms
de Pourbaix-Lundin – EPP/CD (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)
Sir Roger Gale – EDG (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
de Pourbaix-Lundin – EPP/CD (AS/Pol)
Mr Cilevičs –
SOC (AS/Ega)
Mr Schneider – EPP/CD (AS/Cult)
Substitutes:
Ms
Memecan – ALDE (AS/Pol)
Mr Davies – EDG (AS/Ega)
Mr
Jensen – SOC (AS/Cult)
|
Members:
Ms
Gillan – EDG (AS/Pol)
… (AS/Ega)
…
(AS/Cult)
Substitutes:
- (AS/Pol)
Mr
Davies – EDG (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 – EDG (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 – EDG (AS/Cult)
- Ms Marjanović – SOC
(AS/Cult)
|
|
MONEYVAL
|
A representative of the Assembly
appointed by the Bureau
|
Article 4.1 of Resolution
CM/Res (2010) 12
|
Member:
Lord
Tomlinson – SOC (AS/Jur)
Substitute:
Mr
Hübner – NI (AS/Jur)
|
Member:
Mr
Omtzigt – EPP/CD (AS/Jur)
Substitute:
Mr
Hübner – NI (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)
Vice-Chairperson of the Sub-Committee on
Culture, Diversity and Heritage
|
Mr Nicolaides – SOC (AS/Cult)
Chairperson
of the Sub-Committee on Culture, Diversity and Heritage
|
Appendix 4 – Statement on
the political crisis in Ukraine
The Parliamentary
Assembly strongly supports Ukraine’s territorial integrity and national
sovereignty
Paris, 7 March 2014. The Standing Committee of the Parliamentary
Assembly of the Council of Europe, meeting today in Paris, expressed
its full support for the territorial integrity and national unity
of Ukraine. It therefore strongly condemned the violation by the
Russian Federation of the country’s sovereignty and territorial
integrity. The actions of Russian military forces in the Crimean
peninsula, as well as explicit threats of military actions in the
rest of Ukraine’s territory, are in direct violation of international
law, including the UN Charter, the OSCE Helsinki Final Act, the
Statute of the Council of Europe, as well as Russia’s accession commitments.
The Standing Committee is especially concerned that the Council
of Federation authorised the Russian President to use military force
in the Crimea and it regrets the statements by both houses of the
Russian parliament that supported calls for separatism and secessionism
in an already tense region.
The Assembly expresses its full support for the legitimate
new authorities in Kyiv and commends them for their restraint. It
urges the authorities to refrain from any actions and rhetoric that
could divide the Ukrainian society and undermine national unity.
In order to strengthen national unity and the democratic development
of the country, it is now important that as soon as possible a new
constitution is adopted that is fully in line with Council of Europe
standards and an early presidential election is held, followed by
early parliamentary elections when the situation allows.
The Assembly stands ready to assist the Ukrainian authorities,
and especially the Verkhovna Rada, in these processes.
Appendix 5 – Proposed amendments
to the Guidelines for the observation of elections by the Parliamentary
AssemblyNote
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 and 6 March 2014.
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 parliamentaryand
presidential elections as well as of referenda in an applicant State
or a State under the monitoring procedure should be aninalienable right of the Assembly.
A State’s lack of cooperation with the Assembly, itsrefusal 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 asa
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
ofthe 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 releasecontaining 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 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 Political Affairs Committee, 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. 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 PACE presence 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 Parliamentary 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. PACE 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 or Political Affairs Committee.
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 6 – Declaration
on conflict of interest of candidates for election observation missions
of the Parliamentary Assembly
Ad hoc
committee to observe the elections in …
1. I hereby declare that I have no actual or potential
economic, commercial, financial or other interests on a professional,
personal or family level in connection with the country concerned
by the election observation. This declaration
concerns me directly, as well as the members of my family, directly
or indirectly related, and/or with whom I am in regular contact.
□*
I hereby declare that I have an actual or potential conflict
of interest in connection with the country concerned by the election
observation. This declaration concerns
me directly, as well as the members of my family, directly or indirectly
related, and/or with whom I am in regular contact. □*
Please specify the nature of the actual or potential conflict
of interest:
…………………………………………………………………………………………………………….
…………………………………………………………………………………………………………….
2. I also declare that I have not accepted in the last
twenty four months gifts or similar benefits, of a value in excess
of 200 €, from the authorities of the country concerned, either
directly or indirectly
Note.
□*
I also declare that I have registered with the Secretariat
gifts or similar benefits, of a value in excess of 200 €, that I
have accepted in the last twenty four months from the authorities
of the country concerned, either directly or indirectlyNote. □*
…………………………………………………………………………………………………………….
…………………………………………………………………………………………………………….
3. I note that the present declaration will be made
available to the Bureau when it approves the composition of the
ad hoc committee.
Name ………………………..
On …………………………….
Signature:
* Please tick the appropriate box.
