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AS (2016) CR 12
Addendum 1

2016 ORDINARY SESSION

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(Second part)

REPORT

Twelfth sitting

Tuesday 19 April 2016 at 10 a.m.

Free debate

The following texts were submitted for inclusion in the official report by members who were present in the Chamber but were prevented by lack of time from delivering them.

Mr BYRNE (United Kingdom) – It was only seven months ago that the shocking pictures of baby Alan Kurdi, lying dead on a Turkish beach, shocked the world, and shamed us into finally taking real action to help our neighbours fleeing Syria. Yet, since Alan's tragedy, the pressure has only grown. Unfolding before our eyes is now the greatest exodus since World War Two.

The challenge is spiralling, yet our systems are collapsing. Let us be honest: bad bureaucracy is now being used as an excuse for a retreat from rights across the continent, in particular the rights of “others” and especially the rights of children - the children who now make up one third of all refugees. The blunt fact that there are 10 000 unaccompanied children lost somewhere on the European continent should shock us and shame us every bit as much as the terrible pictures of Alan Kurdi lying lifeless on a Turkish beach.

And yet, look at what is happening in practice. In the camps of Calais, there are unaccompanied children, with parents in Britain: the French authorities have made requests for unity, but the British have failed to put the families back together. Governments often grant temporary leave to remain when a permanent grant of leave would be better. We know that legal aid to fight for the right to reunite your family is denied to many lost and trapped in the system, and we know that destitution is now all too common for children who have fled war zones. These are the ways we make sure that rights are not real.

Now our citizens and lawmakers are leading the way. Cities, like my home city of Birmingham, are offering themselves as cities of sanctuary. In the House of Lords, Lord Dubs has forced the government to offer more help to children in need. I believe our citizens want to do the right thing.

The reality is that if rights are to be real, principles must be policed. It is therefore vital that the Human Rights Commissioner monitors the promises made by European governments to help our neighbours - and tells us loudly and clearly when governments are falling short.

Friends, a strong Europe is built on strong families - and yet we seem to be making it as hard as possible for refugees to unite their families. Friends, it is time to live up to our principles.

Ms KOBAKHIDZE (Georgia) – In the name of the majority of the Georgian delegation in the Parliamentary Assembly of the Council of Europe, allow me to express our deepest sorrow at the scenario which was played out yesterday by Mr. Kandelaki. Yes, we are very sorry, because you have been intentionally and systematically misinformed by our United National Movement colleagues. The Parliamentary Assembly of the Council of Europe is not the place for lies and we do not want you to be constantly cheated. Let me point out that the UNM is continuously trying to damage the image of our country. Unfortunately, it abuses this hemicycle with its mercantile party interests and aims.

I refer, in particular, to the case of the Panama papers and the statement made by Mr. Kandelaki in which he mentioned the former and current Prime Ministers of Georgia – as if they concealed their revenues and taxes from the State and were corrupt. There is no need to defend Mr Ivanishvili or Mr Kvirikashvili: the righteous do not need to be defended. There is no need to explain anything to Georgian society about what has been said, either. However, I do think it is important to make some clarifications here.

It would have been much more interesting if Mr Kandelaki had, in his statement, spoken about the UNM government’s former Minister of Defence, Mr Kezerashvili, who is one of the main “characters” of the Panama papers. For your information, after the August war of 2008, Kezerashvili quickly opened several bank accounts, and the millions obtained from oil sales were transferred to those bank accounts. Accordingly, Mr Kandelaki should have asked how the minister of a country which had just lost a war managed to become a millionaire.

As for the former Prime Minister of Georgia, Mr. Ivanishvili, allow me to mention that he disposed of considerable financial resources which he acquired through doing business before coming to power. And Mr Ivanishvili gave a substantial amount of the above-mentioned resources – more than $2 billion – to charity. Three years ago, while the most popular politician, he resigned of his own free will and continued his activities linked to charity. Consequently, every attempt to accuse Mr Ivanishvili of corruption is a blatant lie.

Mr Kandelaki`s motivation is clear when he addresses Mr. Kvirikashvili. He is striving to create a negative background. I am not going to continue talking about the aforesaid issue, because in a few hours, in this hemicycle, you will be convinced that Georgia has a very progressive, very honest, professional and patriotic Prime Minister who is faithful to European values!

Mr SALMOND (United Kingdom) – We speak rightly in these debates about human rights and these are grave and urgent issues with which we are dealing. However, if we are to be taken seriously, we must uphold the rules of this Assembly and the rights of its members.

I have to report that the Socialist Group leadership is not honouring that requirement. Last night, the plenary of the Socialist Group voted by 33 votes to 29 to admit into membership the Scottish National Party. However, that will not now happen because the objections of the British Labour Party mean that a two-thirds majority was required.

The main objection to the SNP – the only elected representatives from the nation of Scotland in this Assembly – seems to be not that we are not qualified, because the SNP is a progressive, left of centre social democratic party, but that we keep beating the Labour Party in elections in Scotland. Last year, the SNP won 56 of 59 from Scotland in the United Kingdom Parliament. The Labour Party won but one.

Now, this would be just a matter for the Socialist Group if it were not for the rules of this Assembly which require at Rule 19.1 that political groups "respect the promotion of the values of the Council of Europe, notably political pluralism, human rights and the rule of law". This is clearly being breached when a party is able to block a political rival simply because it is losing elections. To make matters worse, it is clear that without the votes of the Labour Party itself and those of the Group Bureau, the members of the group across all the countries are very substantially in favour of SNP membership.

Not being able to exercise these rights restricts my ability and that of my colleague Ms Ahmed-Sheikh to contribute fully to the proceedings and committees of this Assembly. It is therefore insulting to Scotland, whose chosen elected representatives we are.

It is hugely important for this Assembly that we put aside our domestic political rivalries at the door of the Council and work together on the great issues of human rights, the campaign against racism and intolerance, and the pursuit of social justice across Europe and beyond.

I call on the Bureau to refer this matter to our rules and procedure committee to ensure compliance of the Socialist Group with the rules and for fair-minded members of all party affiliations to insist on the conduct of party groups which reflects the ethos and values of this Parliamentary Assembly.

Mr R. HUSEYNOV (Azerbaijan) – Having gained its independence from the Soviet Union in October 1991, Azerbaijan joined the OSCE (Organization for Security and Co-operation in Europe) a few months later, and on 24 March 1992 the OSCE Minsk Group was established to help to find a solution to the Nagorno-Karabakh problem and the problem of Armenian hostility towards Azerbaijan.

Over the past 24 years, the co-chairmen of the Minsk Group have payed hundreds of visits to the conflict region, held meetings and conducted debates. No serious, positive outcome has been achieved to date. As a result, today the toothless Minsk Group and its co-chairmen have turned to demagoguery. When any respected international organisation demonstrates its will to contribute to the liquidation of the implications engendered by the conflict over Nagorno-Karabakh and Armenian hostility towards Azerbaijan, the forces uninterested in problem resolution immediately raise their voices, stating that the Minsk Group will deal with it. In other cases, when any international organisation – for instance, the Parliamentary Assembly of the Council of Europe – prepares a serious report, having collected comprehensive information on the problem, the OSCE Minsk Group openly manifests a destructive and pressing position, stating that the issue is under its jurisdiction.

So what should be done? You are incapable of doing anything, you are unwilling to do anything, and you put obstacles in the way of positive deeds that can be done by others. It can be inferred from that that the Minsk Group is not interested in conflict resolution, but only in pursuing unending and fruitless negotiations. Therefore, the Council of Europe should reinforce its efforts to find a diplomatic solution to the conflict and to Armenian hostility towards Azerbaijan, as well as to firmly put aside such an unjustified and harmful conclusion that the Minsk Group is the sole working mechanism in this process.

Following the diversions from and continuous violation of the ceasefire by Armenia from 2 to 5 April 2016, the Azerbaijani army responded very strongly, thus forcing the opposite side to accept the potentially considerable losses in military terms and in terms of position. Armenian society started to hold meetings with the slogan “We do not need Karabakh which does not belong to us; do not send our children to a meaningless death.”

Now a completely new phase has come into being as regards finding a peaceful solution to the conflict. Therefore, the current and extremely important point, and the new opportunity which has emerged, should not be neglected. The Council of Europe should, at its earliest convenience, enforce its effective role through concrete measures and proposals in this process where diplomatic means appear to be a key to resolving the conflict.

Mr NAGHDALYAN (Armenia) – Many of you are aware of Azerbaijan’s most recent, large-scale armed offensive against the Nagorno-Karabakh Republic. This military attack was unprecedented in its ferocity and scale, amounting to the most serious violation by Azerbaijan of the Trilateral Ceasefire Agreement signed in 1994 by Nagorno-Karabakh, Azerbaijan and Armenia.

Azerbaijan’s military attack on Nagorno-Karabakh is a logical continuation of its State-sponsored anti-Armenian propaganda and illegal military build-up. The Armenian delegation has repeatedly warned, most recently during the Parliamentary Assembly of the Council of Europe’s winter part-session, about the threat to the stability of the South Caucasus region emanating from Azerbaijan. We believe that we could have prevented the recent violence if the international community had spoken with one voice in condemning and curbing the threats of Azerbaijani’s highest leadership, instead of which we saw inaction and generic statements which gave Azerbaijan a false sense of impunity.

In the early hours of 2 April, the Azerbaijani regular army undertook a pre-planned, unprecedented offensive along the entire line of contact with Nagorno-Karabakh, carrying out deliberate attacks against civilian areas and causing numerous casualties. The attack was accompanied by massive violations of human rights, international humanitarian laws, laws and customs of war – the Geneva Conventions of 1949, their additional protocols, the Convention on the Rights of the Child of 1989, the European Convention on Human Rights of 1950, and commitments as a Council of Europe member State.

The first civilian victim was a 12-year old boy, killed in a schoolyard as a result of “Grad” multiple-rocket missiles shelling, while his two friends were wounded. In the village of Talish, three elderly members of the same family were brutally tortured, maimed and killed in their home. At least three soldiers of the NKR Defence Army were beheaded and maimed by the attacking Azerbaijani units in ISIS-style. We also have proof that the bodies of another 18 soldiers, returned through the International Committee of the Red Cross, also bore signs of mutilation. In a country where convicted axe-murderer Ramil Safarov is a State-sponsored role model, this behaviour is becoming the norm. Beheading soldiers in ISIS-style and showcasing their heads as trophies is considered heroism in Azerbaijan and is encouraged at the highest level.

There should be serious consequences for these gross violations of human rights by Azerbaijan. We cannot tolerate such barbaric behaviour in the 21^st century in the Council of Europe zone, where the European Convention of Human Rights is applicable to everybody. Our delegation therefore calls on all parliamentarians to condemn Azerbaijan’s irresponsible behaviour and to undertake all necessary measures to curb it.