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The Reykjavik Summit of the Council of Europe: United around values in the face of extraordinary challenges

Doc. 15681: compendium of written amendments | Doc. 15681 | 24/01/2023 | Final version

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Recommendation

1Europe 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.

24 January 2023

Tabled by Mr Irakli CHIKOVANI, Mr Archil TALAKVADZE, Ms Khatia TSILOSANI, Ms Eka SEPASHVILI, Mr Levan IOSELIANI, Ms Khatia DEKANOIDZE

Votes: 88 in favor 7 against 8 abstentions

In the draft recommendation, at the end of paragraph 1, insert the following sentence:

"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."

Explanatory note

The amendment highlights Russian Federation"s large-scale and brutal aggression against Georgia, in addition to that on Ukraine.

2The 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.
3The 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.

In the draft recommendation, paragraph 3, delete the words:

"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."

4While 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.
5How 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.

In the draft recommendation, paragraph 5, third sentence, replace the word "They" with the following word:

"Some"

6The 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.
7The 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.
8United around common values, the Heads of State and Government of the Council of Europe should:
8.1affirm 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;
8.2condemn the Russian Federation’s aggression against Ukraine as a serious violation of international law and a threat to international peace and security;

In the draft recommendation, at the end of paragraph 8.2, insert the following words:

"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;"

In the draft recommendation, at the end of paragraph 8.2, insert the following words:

"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;"

In the draft recommendation, at the end of paragraph 8.2, insert the following words:

"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 engangered and continues to endanger peace and security in Europe and the world;"

8.3take a comprehensive approach to the issue of accountability of the Russian Federation in relation to the aggression against Ukraine, and in particular:

In the draft recommendation, paragraph 8.3, after the words "against Ukraine", insert the following words:

"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"

In the draft recommendation, paragraph 8.3, after the words "against Ukraine", insert the following words:

"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"

In the draft recommendation, paragraph 8.3, after the words "against Ukraine", insert the following words:

"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"

8.3.1give political support to 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;

In the draft recommendation, replace paragraph 8.3.1 with the following paragraph:

"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"

In the draft recommendation, replace paragraph 8.3.1 with the following paragraph:

"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"

In the draft recommendation, replace paragraph 8.3.1 with the following paragraph:

"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"

8.3.2support the work of international 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;

In the draft recommendation, paragraph 8.3.2, after the words "international courts", insert the following words:

"and national courts"

In the draft recommendation, paragraph 8.3.2, after the words "international courts", insert the following words:

"and national courts"

8.3.3support the setting up of a comprehensive international compensation mechanism, including a register of the damage caused by the Russian aggression;

In the draft recommendation, at the end of paragraph 8.3.3, add the following words:

", as well as commit to confiscate sanctioned oligarchs’ and state-owned Russian assets and use them to fund Ukraine’s reconstruction;"

Explanatory note

Apart from supporting the setting up of the compensation mechanism, it is important to devise ways to provide funds for compensation and reconstruction. Confiscation of Russian assets compliant with international law should be one of the primary ways to ensure funding for reconstructing Ukraine.

8.4reaffirm that the pursuit of peace based upon justice and international co-operation is a vital precondition for the preservation of human society and civilisation;

In the draft recommendation, before paragraph 8.4, insert the following paragraph:

"reaffirm their unwavering support for the sovereingty, independence and territorial integrity of Georgia within its internationally recognised borders, condemn the Russian Federation's occupation of Georgia's territories as a serious violation of internation law and a threat to international peace and security, and support the international efforts to ensure Russia's implementation of the EU-mediated 12 August 2008 Ceasefire Agreement;"

In the draft recommendation, before paragraph 8.4, insert the following paragraph:

"take a comprehensive approach to the issue of acountability and compliance of the Russian Federation with the European Court of Human Rights Judgments, in particular with the Court's Judgment of 21 January 2021, which confirms Russian Federation's effective control on the occupied territories of Georgia;"

8.5confirm their commitment to rules-based multilateralism as the pivot of the international order;
8.6reiterate 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.

In the draft recommendation, after paragraph 8.6, insert the following paragraph:

"research a new city to be the host of the Council of Europe premises. Despite many attempts over the past decades, the city of Strasbourg remains very difficult to reach and is therefore anything but the crossroads of Europe. While the number of international train connections have improved, Strasbourg airport remains underdeveloped and very expensive as a destination. After more than 70 years, a new venue, reflecting the new realities of a wider Council of Europe and with modern transportation means needs to be found."

Explanatory note

In his inaugural speech of 2012, PACE President Mignon noted: "I now wish to broach a subject which is a source of irritation to most of you, namely Strasbourg’s transport links. Rest assured that I will make every effort to change things" Ten years onwards the situation has not improved

9The 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.

In the draft recommendation, at the end of paragraph 9, insert the following sentence:

"What could be more symbolical that after the war, the Council of Europe shall move its headquarters to Kyiv, Ukraine's beautiful but war-ridden capital, honouring the enormous sacrifice the Ukrainian people have made to guarantee peace and stability for the entire European continent."

Explanatory note

Strasbourg was chosen in 1949 after World War II. Moving the Council of Europe HQ to Kyiv would entail the recognition the Council has expanded eastwards. Kyiv has also a modern airport serving more than 160 destinations. The new building could be financed with confiscated money of Russian assets

In the draft recommendation, after paragraph 9, insert the following paragraph:

"Furthermore, the Summit offers an appropriate opportunity for the Council of Europe to transform its firm political position into tangible practical support for the most pressing initiatives within its area of competence and responsibility. In particular, apart from merely supporting a comprehensive international compensation mechanism, including a register of the damage caused by the Russian aggression and a Compensation Commission, the Council of Europe could play a leading role in the establishment of this mechanism, providing a platform and expertise for its operation. At the Summit, Heads of State and Government could discuss the degree of the Council’s involvement and define a roadmap for its practical contribution to this and other initiatives."

Explanatory note

The Summit should become an opportunity to take concrete commitments and demonstrate the Council's relevance and role in defending human rights and democratic values in Europe.

10It should also demand that the Russian Federation withdraw from the territories of Georgia, the Republic of Moldova and Ukraine which are illegally 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.

In the draft recommendation, paragraph 10, in the first sentence, after "illegally", insert the following words:

"occupied and"

In the draft recommendation, paragraph 10, after the words "encourage the Council of Europe to maintain contacts with", insert the following words:

", without being dependent on,"

Explanatory note

The influence of some NGOs over the COE grew too strong over the years, bringing a disbalance in the COEs work. It is important to underline the COE should not be dependent on NGOs and to restore the balance where necessary.

11Reaffirming 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 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.

24 January 2023

Tabled by the Committee on Political Affairs and Democracy

In the draft recommendation, paragraph 11, first sentence, after the word "vocation", insert the word:

", unity"

12The 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:
12.1giving a decisive push for finalising the negotiations for European Union accession to the European Convention on Human Rights;
12.2inviting 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);
12.3enhancing political dialogue and co-operation, especially in the area of the rule of law;
12.4calling on the European Union to envisage a structured role for the Council of Europe in the context of the European Union enlargement process;
12.5laying the ground for a revision of the Memorandum of Understanding between the Council of Europe and the European Union.
13The 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.

24 January 2023

Tabled by Ms Lesia VASYLENKO, Ms Mariia MEZENTSEVA-FEDORENKO, Ms Iryna KONSTANKEVYCH, Ms Olena KHOMENKO, Mr Dmytro NATALUKHA

Votes: 16 in favor 83 against 5 abstentions

In the draft recommendation, at the end of paragraph 13, insert the following sentence:

"It should also incorporate a decision of Council of Europe member States to work together to strengthen international security architecture by giving political impulse to the reform of the United Nations and its Security Council and forming a common position on it."

Explanatory note

The Council of Europe should use its influential voice to promote the UN reform, which directly impacts democratic security of CoE member States.

14While 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.
15As 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:
15.1reaffirming the binding nature of the European Court of Human Rights’ judgments and decisions on interim measures and their primacy over those of national jurisdictions;
15.2further strengthening the execution of judgments by introducing a procedure for enhanced political dialogue in cases of non-compliance;

24 January 2023

Tabled by the Committee on Political Affairs and Democracy

In the draft recommendation, paragraph 15.2, after the words "judgements by", add the following words:

"strengthening relevant co-operation activities and"

15.3acknowledging 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.
16With 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:
16.1take 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;
16.2support 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;
16.3ask for the creation of a Council of Europe committee acting as a platform to share information, promote best practice and provide legal advice on environmental protection and the fight against climate change.

24 January 2023

Tabled by the Committee on Political Affairs and Democracy

In the draft recommendation, paragraph 16.3, replace the words "and provide legal advice on" with the following words:

", provide legal advice and develop tools for evaluating policies and legislation in the area of"

17The 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.

In the draft recommendation, at the end of paragraph 17, insert the following sentences:

"In order to avoid duplication of work, efforts and approaches, they should also clearly define the contours of the area of responsibilities of the Council of Europe and other International Organisations. Too often, way too many Organisations are working on exactly the same topic, sending therefore diffuse signals and work going unnoticed."

18Greater 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:
18.1strengthening good governance and the respect of the rule of law;
18.2enhancing the quality and professionalism of the public administration;
18.3strengthening the independence of the judiciary;
18.4fighting against corruption;
18.5reinforcing local democracy;
18.6expanding opportunities for civil participation and deliberative democracy in public decision making;

24 January 2023

Tabled by the Committee on Political Affairs and Democracy

In the draft recommendation, after paragraph 18.6, insert the following paragraph:

"tackling discrimination, intolerance and exclusion"

18.7ensuring the integrity of the electoral processes.

24 January 2023

Tabled by the Committee on Political Affairs and Democracy

In the draft recommendation, replace paragraph 18.7 with the following paragraph:

"ensuring the integrity, resilience and adaptability of electoral processes and making sure that they are inclusive, representative and participatory"

19Furthermore, in order to strengthen the coherence, impact and visibility of the Organisation’s activities in the area of democracy, the Summit should:

24 January 2023

Tabled by the Committee on Political Affairs and Democracy

Votes: 101 in favor 2 against 1 abstention

In the draft recommendation, before paragraph 19, insert the following paragraph:

"Heads of State and Government should reiterate their commitment to protecting the rights of 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 cooperation 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."

In amendment 32, after the words "protecting the rights of", insert the words:

"persons belonging to"

24 January 2023

Tabled by the Committee on Political Affairs and Democracy

In the draft recommendation, paragraph 19, after the words "of democracy", insert the following words:

"and the rule of law"

19.1ask 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;
19.2envisage the establishment of a Council of Europe Commissioner for Democracy 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, to help strengthen the democratic model throughout Europe.

In the draft recommendation, delete paragraph 19.2.

Explanatory note

Rather than creating more bodies, the 4th Summit should look in to how the COE can be streamlined and more focussed. Fewer institutions for a more positive outcome.

24 January 2023

Tabled by the Committee on Political Affairs and Democracy

Falls if amendment 8 is adopted.

Votes: 98 in favor 1 against 4 abstentions

In the draft recommendation, paragraph 19.2, after the words "Commissioner for Democracy", insert the following words:

"and the Rule of Law"

20The Summit should ensure that the Council of Europe puts people at the centre by:
20.1mainstreaming a youth perspective in all its activities;
20.2creating 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;
20.3adopting more open and transparent working methods;
20.4introducing a communication policy which effectively conveys the aims, objectives and impact of the Council of Europe to the wider public.
21With 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:
21.1make a political commitment to increase the ordinary budget of the Council of Europe, in real terms;
21.2ask 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;
21.3invite 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.
22The 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.
23The 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.
24On 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.