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Resolution 1830 (2011)
Request for partner for democracy status with the Parliamentary Assembly submitted by the Palestinian National Council
1. In adopting Resolution 1680 (2009) on the establishment of a “partner for democracy” status
with the Parliamentary Assembly, the Parliamentary Assembly resolved
to establish a new status for institutional co-operation with parliaments
of non-member states in neighbouring regions wishing to benefit
from the Assembly’s experience in democracy building and to participate
in the political debate on common challenges which transcend European
boundaries. A new Rule 60 of the Assembly’s Rules of Procedure,
setting out the conditions and methods for granting such a status,
including formal political commitments that the parliament concerned
must undertake, came into force in January 2010.
2. The Assembly considers that by explicitly referring in its Resolution 1680 (2009) to the eligibility of the Palestinian Legislative Council
to request partner for democracy status, it implicitly stated that
such status was independent from recognition of a Palestinian state.
3. In September 2009, the Speaker of the Palestinian National
Council (PNC) had already expressed interest in the status and,
after the Assembly had decided on the admissibility of such a request
in October 2010, the Speaker of the PNC conveyed the official request
of the PNC to be granted the status of partner for democracy with
the Parliamentary Assembly of the Council of Europe on 3 November
2010.
4. The Assembly takes note that, in his letter, the Speaker of
the PNC, in line with the requirements set out in Rule 60.2 of the
Rules of Procedure, reaffirmed that “the Palestinian National Council
is committed to the same values as those of the Council of Europe,
namely pluralist and gender parity-based democracy, the rule of
law and respect for human rights and fundamental freedoms”, and
committed itself to:
4.1. “continuing
[its] efforts to raise the awareness of the public authorities and
the main players in politics and civil society of the need to make
progress in the discussion of issues relating to the abolition of
the death penalty and to encourage the authorities concerned to
maintain the de facto moratorium
that has been established on executions … since 2005”;
4.2. “making full use, in [its] institutional and legislative
work, of the experience of the Parliamentary Assembly of the Council
of Europe, as well as the expertise of the European Commission for
Democracy through Law (Venice Commission), bearing in mind that
the Palestinian National Authority has an observer status with the
Venice Commission”;
4.3. “continuing [its] efforts to create favourable conditions
for holding free, fair and transparent elections in compliance with
relevant international standards”;
4.4. “encouraging equal participation of women and men in public
life and politics”;
4.5. “encouraging the competent authorities of the Palestinian
National Authority to accede to relevant Council of Europe conventions
and partial agreements that are open for signature and ratification
by non-member states, in particular those dealing with human rights,
the rule of law and democracy issues”;
4.6. “inform[ing] the Assembly regularly on the state of progress
made in the implementation of the principles of the Council of Europe”.
5. The Assembly therefore considers that the request by the PNC
meets the formal conditions set out in its Rules of Procedure.
6. The Assembly acknowledges that the Palestinian society at
all levels – political parties, trade unions, human rights organisations,
organisations for women, universities, religious communities and
others – has high expectations about the PNC becoming a partner
for democracy with the Parliamentary Assembly of the Council of
Europe. Acquiring this status is considered to be an important incentive
to further develop democracy, the rule of law and protection of
human rights in the Palestinian territories.
7. The Assembly recalls that both the presidential election of
2005 and the parliamentary elections of 2006 in the Palestinian
territories were observed by the Assembly and were considered to
be free and fair. The Assembly also notes that new elections for
the presidency and parliament are foreseen before June 2012.
8. The Assembly notes that important progress is being made in
the parts of the Palestinian territories which are under the authority
of the Palestinian National Authority towards the development of
an independent judiciary and an efficient fight against corruption,
and in favour of public transparency.
9. Further development of the core values upheld by the Council
of Europe in the Palestinian territories is much hindered by the
fact that the larger part of these territories is still under Israeli
military occupation. Any progress in finding a peaceful solution
to the Israeli–Palestinian conflict would open many new opportunities
in the Palestinian territories to develop and strengthen democracy,
the rule of law and the protection of human rights.
10. At a time when the people in a number of Arab and Mediterranean
countries have clearly expressed the wish to enjoy fundamental political
and social rights, the Assembly deems it important that Palestinians,
with their emerging political institutions, continue firmly on the
path of democratic transformation.
11. The Assembly welcomes the PNC’s commitment to deep constitutional,
institutional, political and legal reforms, and encourages the national
authorities to make full use of the Council of Europe expertise
and adhere to and promote Council of Europe standards in carrying
out such reforms. It further welcomes the announcement of a reconciliation
between those in charge in the West Bank and in the Gaza Strip.
It considers that the partner for democracy status provides an appropriate
framework for a stronger involvement of the PNC in the process of
reforms.
12. Against this background, the Assembly considers that the following
specific issues are of key importance for strengthening democracy,
the rule of law and the respect of human rights and fundamental
freedoms in the Palestinian territories:
12.1. rapidly concluding the negotiations for the formation
of a government of national unity and setting universally acceptable
dates for the presidential, parliamentary and local elections;
12.2. holding such elections in accordance with relevant international
standards in the whole of the Palestinian territories;
12.3. taking definite and significant steps in the direction
of the three pleas made by the Quartet: to refrain from violence;
to recognise the right of the State of Israel to exist; to abide
by all the agreements signed by the Palestinian representatives
in recent years;
12.4. reforming the structure of the PNC so that it becomes,
to the largest possible extent, a democratically elected body;
12.5. actively promoting equal opportunities for women and men
in political and public life; fighting all forms of discrimination
(in law and in practice) based on gender; ensuring effective equality
between women and men, including as regards marriage, divorce, polygamy
and inheritance law and, where necessary, initiating a process of
legislative revision; fighting all forms of gender-based violence;
12.6. abolishing the death penalty set out in the Penal Code,
going beyond the de facto moratorium
on executions which has been effective, at least in the West Bank,
since 2005;
12.7. explicitly rejecting the use of terrorism and combating
it actively with measures respecting human rights and the rule of
law;
12.8. freeing the soldier Gilad Shalit;
12.9. ending all illegal smuggling of weapons into the Gaza
Strip and the West Bank;
12.10. adhering to and effectively implementing relevant international
instruments in the field of human rights, including full co-operation
with United Nations special mechanisms and implementation of the United
Nations Universal Periodic Review recommendations;
12.11. guaranteeing freedom and pluralism of the media;
12.12. eradicating and preventing torture and inhuman or degrading
treatment of persons deprived of their freedom; fighting impunity
for crimes of torture and ill-treatment;
12.13. improving conditions of detention, in line with the United
Nations prison-related norms and standards; the conditions under
which the Israeli soldier Gilad Shalit has been detained since 2006
are particularly unacceptable;
12.14. fighting racism, xenophobia and all forms of discrimination;
12.15. fighting corruption;
12.16. strengthening local and regional democracy;
12.17. ensuring full respect for freedom of conscience, of religion
and of belief, including the right to change one’s religion;
12.18. guaranteeing and promoting freedom of association and
of peaceful assembly.
13. The Assembly expects the Palestinian National Authority to
accede in due course to relevant Council of Europe conventions and
partial agreements, in particular those dealing with human rights,
the rule of law and democracy, in accordance with the commitment
contained in the letter of 3 November 2010 from the Speaker of the
PNC.
14. The Assembly calls on the PNC to enhance its contribution
to solving the Israeli–Palestinian conflict, in accordance with
the relevant resolutions of the United Nations Security Council
and as stressed in the relevant Assembly resolutions.
15. Furthermore, the Assembly expects the Palestinians to seek
the settlement of international disputes by peaceful means in accordance
with the Charter of the United Nations.
16. Noting that the PNC has reiterated its determination to work
to ensure full implementation of the political commitments contained
in Rule 60.2 of the Rules of Procedure and entered into by the letter
of its Speaker on 3 November 2010, the Assembly resolves to:
16.1. grant partner for democracy
status to the Palestinian National Council as from the moment of
the adoption of the present resolution;
16.2. invite the PNC to appoint, from among its democratically
elected members, a partner for democracy delegation consisting of
three representatives and three substitutes to be composed in accordance
with Rule 60.4 of the Assembly’s Rules of Procedure.
17. The Assembly believes that progress in taking forward reforms
is the prime aim of the partnership for democracy and should constitute
the benchmark for assessing the efficiency of this partnership.
18. It accordingly resolves to review, no later than two years
from the adoption of this resolution, the state of progress achieved
in implementing the political commitments undertaken by the PNC,
as well as in carrying forward the specific issues mentioned in
paragraph 12 above.
19. The Assembly stresses the importance of free and fair elections
as a cornerstone of a genuine democracy. It therefore expects to
be invited to observe parliamentary elections in the Palestinian
territories as from the general elections expected before June 2012.
20. The Assembly is confident that granting partner for democracy
status to the PNC will contribute to intensifying co-operation between
the Palestinians and the Council of Europe and promoting Palestine’s accession
in due course to Council of Europe conventions. It therefore encourages
the Secretary General of the Council of Europe, in co-ordination,
as appropriate, with the European Union, to mobilise the Organisation’s expertise,
including that of the Venice Commission, with a view to contributing
to the full implementation of democratic reforms in the Palestinian
territories.