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Resolution 1747 (2010) Final version
State of democracy in Europe and the progress of the Assembly’s monitoring procedure
1. The Parliamentary Assembly acknowledges
the work of the Committee on the Honouring of Obligations and Commitments
by Member States of the Council of Europe (Monitoring Committee)
in assisting 10 countries currently under monitoring procedure (Albania,
Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, the Republic
of Moldova, Montenegro, the Russian Federation, Serbia and Ukraine)
and 4 countries engaged in the post-monitoring dialogue (Bulgaria,
Monaco, the “former Yugoslav Republic of Macedonia” and Turkey)
in the process of consolidating their democratic institutions with
a view to ensuring full respect for human rights, democracy and
the rule of law.
2. During the reporting period (June 2009-June 2010), the Monitoring
Committee produced assessments of the functioning of democratic
institutions in Albania, Armenia, Bosnia and Herzegovina, Monaco,
the Republic of Moldova, Montenegro, Serbia and, in the framework
of the post-monitoring dialogue, Bulgaria. Furthermore, the committee
produced a report entitled “The war between Georgia and Russia:
one year after”. It was also tasked with reconsidering the previously
ratified credentials of the Russian delegation on substantial grounds.
3. The Assembly is satisfied with the rapid and efficient way
in which the committee has reacted to the developments of concern
in the countries covered by its mandate, and in particular to the
post-electoral crises in Albania (Resolution 1709 (2010)), Armenia
(Resolution 1677 (2009))
and the Republic of Moldova (Resolutions 1666 (2009) and 1692 (2009)), the
functioning of democratic institutions in Bosnia and Herzegovina
(Resolution 1701 (2010))
and in the context of the urgent need for constitutional changes
in Bosnia and Herzegovina (Resolution
1725 (2010)).
4. As a result of the committee’s co-operation with the Monégasque
authorities over the past five years, Monaco has clearly made progress
in fulfilling the undertakings made upon its accession to the Council
of Europe and demonstrated its determination and ability to honour
its statutory obligations. Consequently, taking into account the
committee’s assessment of the progress made, the Assembly decided,
in Resolution 1690 (2009) on
the honouring of obligations and commitments by Monaco, to close
the monitoring procedure in respect of this country and invited
the committee to carry out a post-monitoring dialogue with the Monégasque
authorities.
5. Moreover, the committee has been engaged in a more general
reflection on a number of procedural questions with regard to its
monitoring activity, and presented to the Assembly some proposals
on the term of office of co-rapporteurs of the Monitoring Committee.
These were adopted and integrated into the Assembly’s Rules of Procedure,
as well as the committee’s terms of reference.
6. The Assembly notes that the committee’s contribution to the
2010 debate on the state of democracy in Europe is focused on the
efficiency of parliaments and the role of political parties in Council
of Europe member states covered by the monitoring procedure or engaged
in post-monitoring dialogue.
7. Representative democracy is a core principle of a democratic
system. Free and fair elections based on political pluralism are
essential for the proper functioning of the democratic process.
In this context, although substantial progress has been made overall
with regard to electoral reform, the Assembly is concerned that serious
shortcomings have been noted in the electoral process in some Council
of Europe member states.
8. In Albania, although the parliamentary elections of 2009 were
considered globally free and fair, the politicisation of the electoral
process and infringements found during the campaign, some irregularities
during the vote, as well as a parliamentary boycott and hunger strikes
by the opposition triggered the current serious political crisis.
In Armenia, the lack of public confidence in the electoral process
during the 2008 presidential election, aggravated by unequal campaign
conditions and problems noted during the vote counting and tabulation,
as well as with the handling of election-related complaints, gave
rise to a political crisis which has dominated political life for
the better part of the reporting period. In the Russian Federation,
according to the Assembly’s observers, while the outcome of the
parliamentary elections of 2007 and the presidential election in
2008 overall reflected the political will expressed by the Russian
voters, significant shortcomings resulted in an election process
that undermined political pluralism and did not comply with Council
of Europe standards for democratic elections. In Azerbaijan, the
outcome of the presidential election of 2008 “was the reflection
of the will of the country’s electorate”, but violations were noted
during the vote counting and, in particular, the tabulation of the
votes. Regrettably, five political parties did not take part in
the election and there was no real competition between the platforms
and political ideas. The presidential election which took place
in Ukraine in 2010 was considered to be in line with Council of
Europe standards, notwithstanding attempts by different political
forces to manipulate the legal framework for the elections up to
the day of voting.
9. Electoral reform is needed in a number of countries. The Albanian
authorities have been invited by the Assembly to improve the legislative
framework and enhance the capabilities of the electoral administration
in a number of areas. In Armenia, electoral reform is essential
to restore public confidence in the electoral process. In Azerbaijan,
the forthcoming parliamentary elections in 2010 should be preceded
by further amendments to the electoral code, which is still too
complex with regard to the provisions on the registration of candidates,
campaign financing and other regulations relating to the electoral
campaign. In Bosnia and Herzegovina, there is an urgent need to
remove ethnicity-based limitations on the right to stand for elections to
the House of Peoples, as well as for the presidential elections,
which are in contradiction with the European Convention on Human
Rights (ETS No. 5). In Georgia, the current electoral code is criticised
for being favourable to the ruling party. The Assembly welcomes
the establishment of a cross-party working group to draft a new
electoral code, which resulted in the legal framework for local
elections being changed on a consensual basis. The Assembly urges
all political forces in Georgia to pursue the dialogue and agree
on the reform of the election code, including the electoral system,
well before the next parliamentary elections in the country. The
inconsistencies in the legal framework for elections in Ukraine,
and the manipulation of the legal framework by all contestants,
clearly underscore the need for a unified electoral code, as repeatedly recommended
by the Assembly. Electoral legislation should be improved in the
Republic of Moldova. In particular, the Assembly notes the adoption
by the Moldovan Parliament, at second reading, of amendments to
the electoral code, lowering the electoral threshold for political
parties to 4% and authorising pre-electoral blocs. At the same time,
it stresses the need to improve the accuracy of the lists of voters
by establishing as quickly as possible a national register of electors,
and the fact that the legislative provisions governing voting by
Moldovan citizens residing abroad should be improved in order to
prevent cases of multiple voting. The Montenegrin authorities have
been called upon by the Assembly to promptly adopt a new law governing
the election of members of parliament, in order to increase the
voters’ influence on the choice of a specific candidate within a
party list. The Russian Federation has been urged to request an
opinion from the European Commission for Democracy through Law (Venice
Commission) on the legal framework for its elections and to amend
the provisions having a negative impact on political pluralism.
Further issues of concern are restrictions on party registration,
the increase of the threshold to enter parliament from 5% to a considerably
higher level of 7%, the prohibition of the formation of electoral
blocs, as well as the introduction of an imperative mandate for
deputies.
10. The efficiency of parliaments is to a great extent a result
of their representativity and of their capacity to serve as a platform
for dialogue between different political forces. Regrettably, in
a number of countries, dialogue is jeopardised for different reasons:
in some of them parliaments are monopolised by the limited number
of political forces (Azerbaijan, Armenia, Russian Federation, Georgia),
and/or the opposition is too weak and/or fragmented (Azerbaijan,
Russian Federation, Georgia).
11. The Assembly is concerned about the abuse of strategies by
opposition parties consisting in boycotting the work of parliament
(Albania, Georgia, the Republic of Moldova) or their refusal to
participate in elections (for example in Azerbaijan). Such actions
do not foster the democratic process.
12. However, it should be emphasised that a strong and active
opposition is beneficial to democracy. The respect for the rights
of the opposition, as well as the establishment of a democratic
environment in which the opposition can work and flourish, is a
necessary feature of a stable democracy. Regrettably, such conditions are
still not met in a number of countries where the Assembly has noted
violations of basic freedoms, for example freedom of assembly, freedom
of expression, or freedom of the press.
13. In some countries, partly as a result of flawed electoral
processes, a situation has developed where the political opposition
mainly exists and operates outside the parliamentary framework.
In such cases, in the interest of the democratic process as a whole,
the pursuit of political dialogue with the extra-parliamentary opposition
should be a priority for the authorities and their inclusion in
the political decision-making process should be ensured. This is
the case in Armenia, Azerbaijan and Georgia. However, the only long-term
solution is the establishment of an electoral framework that allows
the participation of a wide array of political forces on equal terms
and with no undue restrictions for any participant in the electoral
process.
14. In a number of countries, the role of parliament as a necessary
counterweight to the executive power is not always well established.
There may be a variety of reasons for this weakness, including shortcomings
in the constitutional framework, as well as the lack of the necessary
structures, staff and legal expertise.
15. The lack of expertise and capacity of the parliament is particularly
prevalent in Montenegro, the Republic of Moldova and Bosnia and
Herzegovina. In this context, the Assembly welcomes the introduction
of a joint European Union/Council of Europe co-operation programme
providing “democracy support” for the Republic of Moldova, including
its parliamentary component aimed at strengthening the legislative
capacities of the Moldovan Parliament.
16. In some countries, constitutional reform is still needed to
ensure a well-functioning system of checks and balances. This is
particularly the case in Azerbaijan, Georgia and Ukraine. The Assembly
takes note of the changes to the constitution proposed by the State
Constitutional Commission of Georgia with the stated purpose of, inter alia, strengthening the role
of parliament and implementing an enhanced system of checks and
balances.
17. The proper functioning of the parliamentary system depends
to a large extent on the existence of an enabling democratic environment.
However, in some countries shortcomings are still noted.
18. Media freedom and pluralism are hampered by excessive ownership
concentration, or oligarchic control of media outlets (the Russian
Federation, Armenia). Freedom of expression is not fully respected,
with journalists arrested on questionable grounds (Azerbaijan) and
numerous persecutions or even physical threats to journalists (the
Russian Federation, Turkey, Armenia and Azerbaijan), and assassinations
(Russian Federation) still occur. In general, the intertwinement
of financial and political interest is of concern in a number of
countries (Ukraine, Russian Federation).
19. In consequence, the Assembly urges:
19.1. with respect to elections and political pluralism:
19.1.1. the Parliament of Albania to improve the legislative framework
for the electoral process and enhance the authority of the electoral
administration as regards the electoral register, regulation of
media coverage and funding of campaigns, the rules of transparency
relating to media ownership, the electoral commissions and lists
of candidates;
19.1.2. the Parliament of Armenia to implement without delay,
and in good time before the next parliamentary elections, comprehensive
electoral reform with a view to ensuring fair and equal conditions
for all candidates and increasing public confidence in the electoral
process, including the appeals and complaints procedures;
19.1.3. the Parliament of Azerbaijan to revise a number of provisions
in the 2008 Electoral Code with regard to the registration of candidates,
campaign funding and lists of persons entitled to conduct pre-election
campaigns;
19.1.4. the Parliament of Bosnia and Herzegovina to bring the
constitution and electoral legislation into line with the European
Convention on Human Rights with a view to eliminating discrimination
based on ethnicity;
19.1.5. the Parliament of Georgia to pursue electoral reform in
time for the next parliamentary elections and to restore dialogue
with the opposition so as to reach a consensus among the widest
possible range of political forces on the country’s electoral system;
19.1.6. the acting President of the Republic of Moldova to promulgate
the amendments to the electoral code adopted recently and the parliament
to improve electoral legislation with regard to the accuracy of
the lists of voters, by establishing a national electoral roll,
and the voting of Moldovan citizens residing abroad;
19.1.7. the Parliament of Montenegro to harmonise the legislation
governing parliamentary elections with the new constitution, in
line with the country’s accession commitments;
19.1.8. the Parliament of the Russian Federation to eliminate
legal provisions which limit political pluralism, including restrictive
provisions for party and candidate registration, and to lower the
threshold to enter parliament;
19.1.9. the Russian Federation authorities to ask the opinion
of the Venice Commission on its legal framework for elections and
seek its co-operation in addressing any shortcomings, and to implement
the recommendations contained in such an opinion;
19.1.10. the Parliament of Serbia to amend the existing constitutional
framework with a view to abolishing a party-administered mandate
and amend the electoral legislation accordingly, in order to increase
the transparency for voters of the allocation process for seats
from party lists;
19.1.11. the Parliament of Ukraine to make good on its long-standing
promise to adopt, without further delay, a unified electoral code
that is in line with European standards;
19.1.12. the Parliaments of the Russian Federation, Serbia and
Ukraine to abrogate constitutional and legislative provisions providing
for the recall of peoples’ representatives by the political parties
(the so-called “imperative mandate”) and legislative provisions
in Serbia and Montenegro that allow for the reordering of candidates
on the party lists after the elections have taken place;
19.2. with respect to dialogue between political parties in
parliament:
19.2.1. the main opposition party in Albania
(Socialist Party) to terminate its boycott of the work of parliament
and enter into a constructive political dialogue with other political
forces, recalling the Bureau statement of 26 April 2010 in this
respect;
19.2.2. the Armenian authorities to pursue their efforts to establish
a meaningful dialogue with all opposition political forces on the
political reforms needed for the normalisation of political life in
the country;
19.2.3. the Azerbaijani authorities to establish a meaningful
political dialogue with the opposition;
19.2.4. the Georgian authorities to pursue their efforts to establish
a meaningful dialogue on the direction and content of the constitutional
and electoral reform packages that are being prepared;
19.2.5. the political forces in the Republic of Moldova to engage
in a constructive and meaningful dialogue with a view to creating
the necessary guarantees against a repetition of the current institutional
crisis, including by amending the constitution, using the expertise
and recommendations of the Venice Commission;
19.2.6. the political forces in Bosnia and Herzegovina to establish
a serious institutionalised process for the preparation of a comprehensive
package of constitutional amendments, in accordance with the country’s
post-accession commitments, while making full use of the expertise
and recommendations of the Venice Commission;
19.3. with respect to parliamentary oversight of the activities
of the executive and strengthening of the capacity of parliaments:
19.3.1. the parliaments of Armenia, Azerbaijan, Georgia, the Russian
Federation and Ukraine to review their legislation with a view to
strengthening their role of parliamentary oversight of the activities
of the executive;
19.3.2. the parliaments of the Republic of Moldova, Montenegro
and Serbia to strengthen their material and administrative organisational
capacities.
20. The Assembly urges all states currently under a monitoring
procedure or engaged in a post-monitoring dialogue to intensify
their co-operation with the Monitoring Committee and to promptly
implement the recommendations contained in the specific resolutions
adopted by the Assembly. It stands ready to provide all the necessary
support to the countries concerned through its parliamentary co-operation
programmes.
21. The Assembly is fully aware that democracy is an ongoing process.
Therefore, countries which are not under a monitoring procedure
or engaged in a post-monitoring dialogue should also be reminded,
as necessary, to respect their statutory obligations as member states
of the Council of Europe. In accordance with the practice established
in 2006 to monitor the record of these countries, the committee
has appended to its annual progress report periodic reports on 11
member states (Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, the Netherlands).
22. The Assembly welcomes the fact that, since the adoption of
its Resolution 1548 (2007) on the progress of the Assembly’s monitoring
procedure (June 2006-June 2007):
22.1. Hungary
has signed and ratified the Council of Europe Convention on Laundering,
Search, Seizure and Confiscation of the Proceeds from Crime and
on the Financing of Terrorism (CETS No. 198), and that Latvia, Malta
and the Netherlands have ratified it;
22.2. Latvia, Luxembourg, Malta and the Netherlands have ratified
the Council of Europe Convention on Action against Trafficking in
Human Beings (CETS No. 197);
22.3. the Netherlands has ratified the Civil Law Convention
on Corruption (ETS No. 174).
23. Noting that a number of the states under the periodic reporting
are not subject to certain specific monitoring mechanisms of the
Organisation because they have not ratified the relevant conventions,
the Assembly urges once more:
23.1. Ireland,
Liechtenstein and Lithuania to sign and ratify, and Greece, Iceland,
Italy and Luxembourg to ratify the Convention on Laundering, Search,
Seizure and Confiscation of the Proceeds from Crime and on the Financing
of Terrorism;
23.2. Liechtenstein to sign and ratify, and Greece, Hungary,
Iceland, Ireland, Italy and Lithuania to ratify the Convention on
Action against Trafficking in Human Beings;
23.3. Greece, Iceland and Luxembourg to ratify the Framework
Convention for the Protection of National Minorities (ETS No. 157);
23.4. Liechtenstein to sign and ratify, and Greece, Iceland,
Latvia and Luxembourg to ratify the revised European Social Charter
(ETS No. 163);
23.5. Iceland, Latvia, Liechtenstein, Lithuania, Luxembourg
and Malta to sign and ratify the Additional Protocol to the European
Social Charter providing for a system of collective complaints (ETS
No. 158);
23.6. Greece, Ireland, Latvia and Lithuania to sign and ratify,
and Iceland, Italy and Malta to ratify the European Charter for
Regional or Minority Languages (ETS No. 148);
23.7. Liechtenstein to sign and ratify, and Iceland, Ireland,
Italy and Luxembourg to ratify the Civil Law Convention on Corruption;
23.8. Lithuania to sign and ratify, and Hungary, Iceland, Italy,
Liechtenstein and Malta to ratify the Additional Protocol to the
Criminal Law Convention on Corruption (ETS No. 191).
24. In carrying out this periodic reporting, as well as its own
country-specific monitoring procedure through its Monitoring Committee,
the Assembly has continued to benefit from the work carried out
by other Council of Europe institutions and monitoring bodies. It
particularly welcomes the co-operation and synergies that the Monitoring
Committee has developed with some of them in handling crisis situations,
and it recommends that this practice be further developed, including
systematic exchanges of information.