Heinz

Fischer

President of the Republic of Austria

Speech made to the Assembly

Wednesday, 9 April 2014

I thank you, Madam President, most warmly for your warm welcome and the kind words extended to Austria. The same can be said of your home country, Luxembourg, given its role in and commitment to Europe.

It is true that I return with great pleasure to Strasbourg and to this debating Chamber. I was here in the 1980s and my respect for the Council of Europe in the intervening 25 years has remained unchanged. What is more, numerous issues discussed at the Council of Europe – for example, constitutional issues, democratic development, fundamental rights, minority rights and foreign policy – have always been of particular interest to me as an Austrian parliamentarian.

In essence, all those questions are related. It is a matter of European values, our common perception of humankind, how we build a humane society, the rule of law and ethics in politics, and of the primeval question: how we can prevent the tenet that the end justifies the means from applying in politics and society in general? That is a tempting tenet but it can have consequences. For Arthur Koestler, Manès Sperber, Leszek Kolakowski and many others in literature, it was a major issue.

“It is fairly easy to close doors, but once they are shut, it is far more difficult to open them again”

Austria acceded to the Council of Europe on 16 April 1956 – almost 58 years ago, give or take one week. None of these 58 years of membership has been a lost year. On the contrary, since then Austria has been bound ever more closely to the Council of Europe. Our commitment to it corresponds not least to the conviction, arising from our own history, that the multilateral network of States built up after the Second World War is an important basis for peaceful coexistence in Europe. Active multilateralism, if I can put it that way, is also a cornerstone of Austrian foreign policy, and Vienna is a good place for institutions that serve international co-operation.

However, Austrian membership of the Council of Europe has also contributed to an improvement in our legal system, because the European Convention on Human Rights is deemed to have the same rank as the constitution – something that I do not think is so common among fellow member States. Given that it has this rank in our legal system – the same as the constitution – every new generation of law students in our country learns the Convention as part of their constitutional law. This is a not insignificant factor for Austrian legal culture as a whole.

Our interest in and commitment to the Council of Europe are also reflected in the fact that, as the President mentioned, Austrians have in the past been elected as Secretaries General of the Council of Europe. Peter Schieder was President of the Assembly from 2002 to 2006. I was a close friend of his from when we were both members of a youth organisation. Tragically he died last autumn. He was an ardent and eminently well informed champion of the idea of the Council of Europe and the idea of Europe per se.

Let me take this opportunity to mention a few subjects and results arising from the close relations between Austria and the Council of Europe. The first summit of the Council of Europe took place in 1993 in Vienna. It confirmed the policy of opening up and expanding the Council of Europe, after the events of 1989 and the years immediately following, and created new thematic priorities that fundamentally characterise this institution today – for example, the protection of minorities through the framework convention and the charter for minority languages, and combating racism, xenophobia and anti-Semitism, through the creation of the European Commission against Racism and Intolerance. Austria’s commitment to Europe is also clearly reflected in the working programme of our current chairmanship – our sixth – of the Committee of Ministers, which falls in an active and interesting period. Based on the three pillars of the Council of Europe, we are on working on such topical issues as combating human trafficking, protecting freedom of expression on the Internet and combating violence against women.

Tragically, human trafficking is one of the greatest evils of our society. In Europe, sadly, it is nearly omnipresent. It is a matter not just of sexual exploitation, but of slavery and forced labour. Often, the victims are legal minors. We took up this problem at a major conference in Vienna in February, in cooperation with the OSCE. The conference considered in greater depth many aspects of prevention, victim protection and prosecution, as well as international co-operation in this area.

The issue of freedom of opinion lies at the heart of democracy. Journalists have a key role in providing information to the general public. You may like the work of journalists more or less, but you cannot have a democracy without an active media society. As the European Court of Human Rights rightly says, journalists are the guardians of society, but guardians also need protection, support and a code of conduct. That is why in December we devoted a special debate among delegates to the Committee of Ministers on the issue of journalists, which led to the specific tasking of the Secretary General.

The protection of human rights and compliance with fundamental democratic rules on the Internet is also a topical issue that occupies us and, I believe, the whole of Europe. When I think one particular country, I think this becomes very topical.

Another subject I should like to mention in this regard is combating violence against women. By devising the Istanbul Convention, the Council of Europe created a standard that is also greatly respected outside Europe, but as you all know, for it to enter into force we need 10 ratifications. At the moment we have eight ratifications. That means that the governments and parliaments of other member States must be called on to act if we are to reach the minimum number of 10 ratifications. I therefore take this opportunity to appeal to others to begin the process of ratification or, where they have already begun it, to accelerate and conclude it, so that this standard can become more effective.

I would like to share with you one conclusion that I think should encourage us. I am a vehement opponent of the death penalty. At the beginning of the 20th century, the death penalty was considered more or less self-evident in almost all countries of Europe, so I am very proud that at the beginning of the 21th century it has been done away with in almost all States of Europe or no longer exists. It is also apparent from the most recent Amnesty International report that in 2013 not a single death sentence was enforced in the whole of Europe. I thank the Council of Europe for its efforts in this area, which show that measurable, appreciable progress is possible if we work hard enough for it together. This should be a great incentive for us to continue and intensify our efforts elsewhere. Our goals in the 21st century should be to achieve outside Europe what we managed to achieve inside Europe in the 20th century.

Another important subject that has occupied the Council of Europe since November last year is the situation in Ukraine. As we know, a treaty of association between the European Union and Ukraine was to be signed at the summit in Vilnius on 29 November last year, but five days beforehand, the then Ukrainian President, Yanukovych, came on an official visit to Austria. We had several talks, among them a four-hour discussion. His statements were sometimes confusing and contradictory; it was obviously a very difficult situation for him. However, I cannot say that the atmosphere in the European Union in the weeks and months preceding the planned date for signing was particularly encouraging for Ukraine or indicated a clear wish for the speediest possible signing of the agreement. On the contrary, right up to the eleventh hour additional conditions for signing the association agreement were mooted, including the release of Yulia Tymoshenko, the previous prime minister. Substantial economic and financial support for Ukraine, above and beyond the terms of the agreement, was not countenanced at the time, which in my opinion was a mistake. That was discussed at the most recent ministerial meeting in Athens. We are now aware of the nature of subsequent developments.

As far as I am concerned, Russia’s actions in Crimea have been, and continue to constitute, a clear breach of international law, as the Council of Europe’s Venice Commission has determined. On that point, I share the views expressed by the United Nations Secretary-General and the Secretary General of the Council of Europe.

I noted with interest the observations of veteran statesmen of an earlier generation, such as Helmut Schmidt, Valéry Giscard d’Estaing and Henry Kissenger, on the background to the crisis. In their opinion, and in mine, the situation in Ukraine should not simply be about drawing that large and important country into one camp or another – either the European Union side or the Russian side. You will all know Bertolt Brecht’s “The Caucasian Chalk Circle”. We need a sensible, forward-looking political and economic role for a stable and democratic Ukraine. That would constitute a useful bridge between the EU and Russia. Earlier and more resolute efforts should have been made to achieve that. That goal should still be discussed.

One might object to the goal of a democratic Ukraine with a constitution containing elements of decentralisation and protection for minorities, with close links to Europe in its economic and social momentum, and at the same time good political and economic relations with Russia, which could exercise a bridging role. One might suggest that it is utopian. On that point, however, I will cite the Polish philosopher Leszek Kolakowski, one of my favourite authors. He held that a utopia ceases to be a utopia when it comes into existence. All the States of Europe want good and peaceful relations with the Russian Federation, and the Russian Federation would certainly seek to enjoy a stable and peaceful relationship with the States of Europe, a relationship of trust. That should not be utopian; it is something to be achieved in practice, step by step, through the Council of Europe.

To that end, we must deal seriously with all the concerns of the countries involved in the crisis. Resolving difficult political questions involves viewing a situation from the other party’s point of view. An attempt to bring Ukraine into NATO in the foreseeable future would show a clear failure to appreciate the situation from the other point of view. It is not a sufficiently well-developed approach. Indeed, President Obama made it clear in a press conference on 26 March that Georgia and Ukraine would not enter NATO for the time being, and that will not change in the near future. On the other hand, Russia must appreciate the issues surrounding Ukraine from a European and European Union point of view. Further steps taken by Russia to destabilise Ukraine would be utterly unacceptable.

In that regard, I will venture to comment – I crave the Assembly’s indulgence – on a current issue here: the reconsideration of the credentials of the Russian delegation, which I believe you are due to vote on tomorrow. As I have said, I consider multilateral fora – bodies such as the Council of Europe – to be one of the planks of peaceful co-existence in Europe. In my opinion, dialogue is absolutely the way to approach conflict resolution. There is no way around it. We must keep the opportunities for dialogue open. Closing doors is fairly easy, but opening them again can be far more difficult. I urge you to bear that in mind tomorrow.

I will make a brief comment on the conflict in the Middle East, which is of great concern to Europe. Last week the Israeli President, Shimon Peres, now in his 90s, undertook a State visit to Austria. It was probably one of his last official visits abroad before his term of office ends. He is a truly experienced statesman, having held important positions for more than 50 years. He is a Nobel Peace Prize laureate. He is an authority. We discussed developments in the Middle East, particularly the Israeli-Palestinian peace process. I believe in his earnest desire, which is shared by many Israelis, to see peace between Israel and the Palestinians on the basis of a two-State solution. He believes that such a solution still has a chance of success. However, only a few hours after he stated his optimism – he claimed that he was far too old to be a pessimist – the talks suffered a serious set-back. Some people felt that it was about to fall apart.

I believe that Europe and its allies ought to act with greater energy to ensure that the peace process moves along a successful path. Settlement building in the Palestinian territories is a breach of international law and must cease. Similarly, rocket attacks and other attacks on Israeli territory must cease. The Palestinians must understand that compromise means moving away from the entirety of their initial position, and the Israelis need to accept the same message. That is enormously important and would have an effect far beyond the Middle East. At this time, when efforts have moved quite a long way, the talks must be saved from collapse.

In conclusion, 2014 marks a number of historic anniversaries: 100 years since the outbreak of the First World War; 75 years since the outbreak of the Second World War; and 25 years since the fall of the iron curtain. We should take all of these dates, and others, and use them to demonstrate that we are in a position to learn from history. However, at this time we should also reflect on the fact that so many realities in contemporary Europe would have appeared utopian to Europeans 30, 40 or 50 years ago. We have achieved genuine progress and that, surely, is a major incentive to continue to tackle problems that appear incapable of resolution today, and to move towards solutions step by step.

I continue to wish every success to the Council of Europe, which very shortly, on 5 May, will celebrate its 65th anniversary. I wish it every success in our collective interest and I thank you for your attention.