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Resolution 2105 (2016)
Evaluation of the partnership for democracy in respect of the Palestinian National Council
1. On 4 October 2011, the Parliamentary
Assembly adopted Resolution
1830 (2011) on the request for partner for democracy
status with the Parliamentary Assembly submitted by the Palestinian
National Council, whereby it granted partner for democracy status
to the Palestinian National Council (PNC). After the Parliament of
Morocco, the PNC was the second to receive this status, which was
introduced by the Assembly in 2009 to develop institutional co-operation
with the parliaments of the Council of Europe’s neighbouring States.
2. Upon making its official request for this status, the PNC
declared that it shared the same values as those upheld by the Council
of Europe and made political commitments in accordance with Rule
62.2 of the Rules of Procedure of the Assembly. These commitments
are set out in paragraph 4 of Resolution
1830 (2011).
3. In addition, the Assembly stated in paragraph 12 of the aforementioned
resolution that a number of specific issues were of key importance
for strengthening democracy, the rule of law and the respect for
human rights and fundamental freedoms in the Palestinian territories.
It stressed in paragraph 17 “that progress in taking forward reforms
is the primary aim of the partnership for democracy and should constitute
the benchmark for assessing [its] efficiency”.
4. On 28 January 2014, the Assembly adopted Resolution 1969 (2014) on the evaluation
of the partnership for democracy in respect of the Palestinian National
Council, in which it noted that “[b]oth the division between the
West Bank and the Gaza Strip and the ongoing Israeli occupation
of the largest part of the Palestinian territories have made it
impossible for the PNC to comply with some of the political commitments
entered into upon requesting partner for democracy status and to
implement some of the reforms mentioned in Resolution 1830 (2011)”.
5. Two years later, the Assembly regrets that the situation on
the ground has hardly improved. Agreements between the Palestinian
authorities and the de facto rulers
in Gaza have been announced – the recent Doha attempt at reconciliation
being the latest – but have never been put into practice and negotiations
between the governments of Palestine and Israel are at a standstill.
There are no signs that the situation might unblock in the near
future.
6. As a consequence, the long overdue parliamentary and presidential
elections have still not taken place, and are probably not going
to take place in the foreseeable future. The Assembly reiterates
once again its support for a two-State solution and an end to the
illegal occupation of the Palestinian territories by Israel and deplores
the ongoing construction of illegal settlements in the Palestinian
territories.
7. In this context and in the light of Resolution 1969 (2014), the Assembly:
7.1. welcomes the active participation
of the Palestinian parliamentary delegation in the work of the Assembly
and its committees, which provides opportunities to keep the Assembly
informed about the political developments in the country that concern
the values upheld by the Council of Europe;
7.2. notes that the Palestinian delegation regularly participates
in regional interparliamentary activities, organised by the Assembly
with the aim of making its experience available to members and staff
of the PNC, and encourages them to continue to participate in these
activities;
7.3. notes that, while a de facto moratorium
on executions has been in place since 2005 in the West Bank, courts
in Gaza continue to hand down death penalty sentences and Hamas
authorities continue to carry out illegal executions. The Assembly
strongly condemns such executions and urges the PNC to intervene
with Hamas to stop executions in Gaza and to abolish the death penalty
in the Palestinian Penal Code, in line with the commitment entered
into under the partnership for democracy;
7.4. notes that the structure of the PNC has not yet been reformed
to make it a democraticallyelected body and that the Palestinian
Legislative Council is still unable to function as a legislative
body. The Assembly considers that the lack of legislative power
creates a severe imbalance in the Palestinian State structures;
7.5. acknowledges the efforts to promote the participation
of women in political and public life, fight discrimination based
on gender, ensure effective equality between women and men and fight
gender-based violence. It expresses concern, however, at reports
that violence against women is still a serious problem and calls
on the Palestinian authorities to take resolute action against this
scourge, in co-operation with civil society and more specifically
women’s organisations. Women’s economic empowerment and their participation
in peace talks should also be encouraged;
7.6. notes that the fact that Palestine is not a full member
of the United Nations prevents complete co-operation with its special
mechanisms, including the United Nations Universal Periodic Review;
7.7. notes, however, that such a fact does not prevent it from
adhering to Council of Europe conventions and other legal instruments,
provided that there is agreement within the Council of Europe Committee
of Ministers (by a two-thirds majority) and among the parties to
such instruments (unanimity);
7.8. welcomes the fact that the media in the West Bank are
in general free and pluralistic, but regrets some reported incidents
of harassment of journalists by security forces. It notes with concern
that there is no freedom of the press in Gaza;
7.9. regrets the fact that administrative detention is still
in force;
7.10. regrets that some members of the Palestinian Legislative
Council are detained by the Israeli forces.
8. The Assembly welcomes the efforts made by the Palestinian
National Authority to preserve and support the role of Christian
communities within Palestinian society, including an appropriate
representation in the political and administrative structures, which
is a model of good practice for the whole region.
9. The Assembly calls again on the PNC to put into practice its
general commitment to the core values of the rule of law and respect
for human rights and fundamental freedoms, and to address issues
in these areas, including those reported by civil society organisations
and the media. It is of the utmost importance that the lack of checks
and balances, due to the current absence of an effective legislative
power in Palestine, be overcome. The Assembly continues to offer,
where and when needed, its assistance to the Palestinian delegation
to enable it to make full use of its right to participate in the
work of the Assembly.
10. The Assembly recalls that, when granting partner for democracy
status to the PNC, and again when it carried out its first evaluation
of the partnership for democracy in respect of the PNC, it had hoped
that this would contribute to intensifying co-operation between
Palestine and the Council of Europe. The reform of the judiciary,
the promotion of good governance and the prevention of trafficking
in human beings were identified as areas for co-operation, but unfortunately
there has still been no follow-up.
11. In this context, the Assembly notes that, due to the lack
of a real legislative process in Palestine, there have been no grounds
to mobilise the expertise of the European Commission for Democracy
through Law (Venice Commission). It further notes with regret that
four years after the granting of the partnership for democracy status,
the efforts of both the Secretary General of the Council of Europe
and the relevant Palestinian partners to mobilise the Organisation’s
expertise, with a view to contributing to the full implementation
of democratic reforms in the Palestinian territories, have not yet
produced relevant practical results. It encourages again the Secretary
General of the Council of Europe, in consultation with the Parliamentary
Assembly, to mobilise the Organisation’s expertise to assist in
the further development of human rights, the rule of law and democracy
in the Palestinian territories, and to investigate future possibilities
to make more use of the relevant instruments of the Council of Europe.
12. The Assembly encourages the members of the Palestinian partner
for democracy delegation to step up efforts to accelerate the implementation
of the process of reform and to address remaining concerns with regard
to the rule of law and respect of human rights and fundamental freedoms,
in line with the political commitments entered into under the partnership.
13. In conclusion, the Assembly resolves to continue to review
the implementation of political reforms in Palestine and to offer
its assistance to the PNC. It will make a new assessment of the
partnership when appropriate.