Doc. 9927

27 September 2003

Progress report of the Bureau of the Assembly and
of the Standing Committee
(27 June – 26 September 2003)

Bureau of the Assembly

Rapporteur: Mr Mercan, Turkey, EPP/CD

INTRODUCTION

1. The Assembly held the third part of its 2003 Ordinary Session from 23 to 27 June. The Bureau met on 27 June in Strasbourg, on 8 September in Naples and on 26 September in Strasbourg. The Standing Committee met on 8 September in Naples.

Chapter I

FUNCTIONING OF THE ASSEMBLY

FOLLOW-UP OF THE 2003 THIRD PART-SESSION (23-27 June)

2. On 27 June, the Bureau        was informed by the President about the meeting held with the Committees’ Chairpersons on Wednesday 25 June 2003 and agreed to invite them for an exchange of views to the Bureau meeting on 6 November 2003 in Paris.

3. It        took note of the President’s intention to address a letter to the authorities of Azerbaijan asking them to enable all potential candidates to return to Azerbaijan and register for the forthcoming presidential elections to be held on 15 October 2003.

4. It also        took note of the President’s intention to address a letter to the United States Congress aimed at improving dialogue between the Assembly and the Congress.

5. It took the following decisions with respect to the report of Mr Krüger, expert appointed by the Bureau, on the case of Mr Gongadze:

o thanked Mr Krüger for his work and terminated his mandate;

o declassified the report and decided to transmit it, together with an accompanying letter of the President of the Assembly, to the Ukrainian authorities;

o        decided to transmit the report and the President’s letter to the Monitoring Committee to be taken into account in the framework of the monitoring procedure of Ukraine;

o agreed to follow closely further developments in this case;

o        agreed to include the above decisions in the report.

6.        In the framework of the follow-up to the Joint Committee meeting held on 26 June 2003, it asked the Secretary General of the Council of Europe to provide supplementary information on the current discussions concerning the 2004 budget, supported his initiative to hold a meeting on this matter in July 2003 with the Permanent Representatives of France, Germany, Italy and the United Kingdom and with the participation of the President of the Assembly and agreed to include this item, if necessary, on the agenda of the Joint Committee meeting during the September 2003 part-session.

4^TH PART OF THE 2003 ORDINARY SESSION (25 September-2 October 2003) 

7. On 27 June, the Bureau took note of Committees’ proposals for reports, which could be included on the agenda of this Part-Session.

8. On 8 September, the Bureau :

-       adopted the draft agenda and drew up the draft order of business;

-        took note of the exceptional measures relating to Assembly debates;

-       took note of the draft agenda of the Joint meeting with the European Parliament, of the organisational measures and of the draft joint presidential statement;

-       took note of the draft agenda of the Joint Committee;

-        asked the Secretary General of the Assembly to invite two members of the Belarus Parliament representing respectively the majority and the opposition, and agreed that the political groups could invite representatives of other political forces;

-       took note of the exhibitions organised by Russia and Switzerland which will take place in the lobby of the Assembly during the Part-Session.

9. On 8 September, the Standing Committee took note of the agenda adopted by the Bureau and of the draft order of business drawn up by the Bureau for the fourth part of the Assembly's 2003 session.

10. On 26 September the Bureau was informed about the three following requests for an urgent debate :

- Functioning of democratic institutions in the South Caucasus states (submitted by the 23 members of the Assembly and later by the Monitoring Committee)

- Public Service Broadcasting (submitted by the Committee on Culture, Science and Education);

- The role of the United Nations in Iraq (submitted by 21 Members of the Assembly).

11. The Bureau was also informed of the request for a current affairs debate on “current situation in Kosovo” (submitted by the parliamentary delegation of Serbia and Montenegro).

12. The Bureau decided to recommend the holding of an urgent debate on the role of the United Nations in Iraq and to refer it to the Political Affairs Committee for report as well as the holding of a current affairs debate on the current situation in Kosovo.

13. On the same day, the Bureau took note of the agenda of the Joint Committee.

14. On 26 September, the Bureau approved the distribution of the report on the “election of a judge to the European Court of Human Rights on behalf of Bosnia and Herzegovina” to the members of the Assembly.

PROGRESS REPORT OF THE BUREAU (27 June-26 September 2003)

15. On 8 September, the Bureau appointed Mr Mercan (Turkey, EPP/CD) as rapporteur.

16. The same day, the Standing Committee took note of the appointment of Mr Mercan as rapporteur for the progress report of the Bureau and the Standing Committee.

EXAMINATION OF CREDENTIALS

17. On 8 September, the Standing Committee ratified the credentials of new members of the Assembly submitted by the delegations of: Finland, Portugal, and Turkey.

CHANGES IN THE COMPOSITION OF COMMITTEES

18. On 8 September, the Standing Committee        ratified the changes in the composition of general Assembly committees in respect of the delegations of : Malta, Spain, Finland.

      JOINT WORKING GROUP ON CHECHNYA (JWG)

19. On 27 June, the Bureau took note of the proposals prepared by the Secretariat and decided, taking into account the work currently under way in the competent committees, to come back to this matter when these Committees or the Russian Parliament ask the Bureau to do so.

COMPOSITION OF THE MONITORING COMMITTEE

20. On 27 June, the Bureau, following the proposals of political groups, approved the following changes for ratification by the Assembly: EPP: Mr Sasi to replace M. Vella, LDR: Mr Clerfayt and Mr Skrabalo to replace Mr Haraldsson and Mr Jansson.

MEETING OF THE STANDING COMMITTEE IN NAPLES (8 September 2003)

21. On 27 June, the Bureau took note of the information on the state of preparation and noted that the draft agenda would be sent out in July 2003.

22. On 8 September, the Bureau took note of the changes in the draft agenda.

      INVITATION TO HOLD MEETINGS IN TURKEY (SPRING 2004)

23. On 27 June, the Bureau took note of the invitation of Mr Mercan and agreed to hold a Bureau meeting and one Committee meeting (on the basis of its “annual ticket” for meetings outside Strasbourg and Paris) in Istanbul on 6-7 April 2004.

BUREAU MEETINGS IN 2004

24. On 27 June, the Bureau took note of the preliminary proposals for the dates of meetings in 2004.

AD HOC COMMITTEE OF THE BUREAU ON THE EU CONVENTION FOR THE FUTURE OF EUROPE

25. On 27 June, the Bureau took note of the report of Mr van der Linden on the activities of the Ad hoc Committee and terminated the mandate of this Ad hoc Committee.

      CONFERENCE OF SPEAKERS AND PRESIDENTS OF THE EUROPEAN

PARLIAMENTARY ASSEMBLIES

26. On 8 September, the Bureau took note of the letter of the President of the Assembly announcing that the Conference would take place on 17-19 May 2004 in Strasbourg.

ORGANISATION OF ASSEMBLY DEBATES

27. On 8 September, the Bureau approved the proposals by the Committee on Rules and Procedure for changes in the rules concerning the organisation of Assembly debates and agreed to include them in the next Progress Report of the Bureau (Appendix 1).

MANDATE OF THE SECRETARIAT OF THE PARLIAMENTARY ASSEMBLY

28. On 8 September, the Bureau took note of the mandate prepared by the Secretary General of the Assembly.

ADOPTED TEXTS

29. On 8 September, the Standing Committee adopted, on behalf of the Parliamentary Assembly, the following texts:

Resolution 1342 (2003)       on the Office of the Lord Chancellor in the constitutional system of the United Kingdom;

Recommendation 1615 (2003)       on the institution of Ombudsman;

Recommendation 1616 (2003)        on the Council of Europe’s North-South Centre and its contribution to development co-operation in the 21^st century;

Recommendation 1617 (2003)       on the Civil Service Reform in Europe;

Recommendation 1618 (2003)       on migrants in irregular employment in the agricultural sector of southern European countries;

Recommendation 1619 (2003)        on rights of elderly migrants;

Recommendation 1620 (2003)       on Council of Europe contribution to the higher education area;

Recommendation 1621 (2003)       on the promotion of art history in Europe;

Resolution 1343 (2003)        on change of name of the Committee on Migration, Refugees and Demography to Committee on Migration, Refugees and Population;

REFERENCES AND TRANSMISSIONS TO COMMITTEES

30. On 27 June, the Bureau took note of the opinion of the Committee on Social, Health and Family Affairs Committee on a motion for a resolution on “organisation of a Parliamentary Assembly of Children from Council of Europe member states” (Doc. 9789) and decided to take no further action on this motion.

31. It        took note that the Committee on Rules and Procedure would prepare, on the basis of Order No.585 (2003), a report to the Standing Committee on “number of seats of the Monitoring Committee”.

32. It        referred the report on “Council of Europe’s North-South Centre and co-operation in the 21^st century” to the Committee on Culture, Science and Education for opinion, provided that it will be adopted in time for the Standing Committee meeting on 8 September 2003 in Naples (Committee on Economic Affairs and Development seized for report).

33. On 8 September, the Standing Committee ratified the following references, modifications of references and transmissions to committees proposed by the Bureau:

a.       references to Committees

Reference No. 2852       Motion for a Resolution on the costs of the Common Agricultural Policy (Doc. 9853): to the Committee on the Environment, Agriculture and Local and Regional Affairs for report;

Reference No. 2853       Motion for a Resolution on realising Strasbourg’s potential as a European capital (Doc. 9854 rev.): to the Committee on Economic Affairs and Development for report;

Reference No. 2854       Motion for a Resolution on the potential adverse consequences of the oil pool D-6 operation (Doc. 9855): to the Committee on the Environment, Agriculture and Local and Regional Affairs for report;

Reference No. 2855       Motion for a Resolution on women and religion in Europe (Doc. 9856): to the Committee on Equal Opportunities for Women and Men for report;

Reference No. 2856       Motion for a Resolution on the composition of the Bureau of the Assembly (Doc. 9858 rev.): to the Committee on Rules of Procedure and Immunities for report;

Reference No. 2857       Motion for a Resolution on the persecution of the press in the Republic of Belarus (Doc. 9859): to the Political Affairs Committee for report;

Reference No. 2858       Motion for a Resolution on the reference date for determining the budgetary allocation to the Assembly’s political groups and the allocation of Committee chairmanships, of seats on the Monitoring Committee and of speaking time in debates (Doc. 9860): to the Committee on Rules of Procedure and Immunities for report;

Reference No. 2859       Motion for a Resolution on the European Convention on Human Rights and enhancing the effectiveness of the European Court of Human Rights (Doc. 9861): to the Committee on Legal Affairs and Human Rights for report;

Reference No. 2860       Motion for a Recommendation on discrimination against women and girls in sport (Doc. 9864): to the Committee on Equal Opportunities for Women and Men for report;

Reference No. 2861       Motion for a Resolution on mechanisms to promote gender equality in practice (Doc. 9865): to the Committee on Equal (Opportunities for Women and Men for one report with Reference No 2861 (Doc. 9866); and

      Motion for a Recommendation on women’s participation in decision-making (Doc. 9866): to the Committee on Equal (Opportunities for Women and Men for one report with reference No. 2861 (Doc. 9865);

Reference No. 2862       Motion for a Recommendation on harm reduction and the health benefits of smokeless tobacco (Doc. 9867): to the Social, Health and Family Affairs Committee for information;

Reference No. 2863       Motion for a Recommendation on protection of cultural property in the event of armed conflict (Doc. 9868): to the Committee on Legal Affairs and Human Rights and to the Committee on Culture, Science and Education, for information;

Reference No. 2864       Motion for a Recommendation on video surveillance of public areas (Doc. 9869): to the Committee on Legal Affairs and Human Rights for report;

Reference No. 2865       Motion for a Recommendation on accelerated asylum procedures in Council of Europe member States (Doc. 9871): to the Committee on Migration, Refugees and Demography for report;

Reference No. 2866       Motion for a Recommendation on Mediterranean co-operation concerning the environment and local democracy (Doc. 9872): to the Committee on the Environment, Agriculture and Local and Regional Affairs for report;

Reference No. 2867       Motion for a Resolution on the reasons of the divisions of Europe (Doc. 9873): to the Political Affairs Committee for information;

Reference No. 2868       Motion for a Resolution on guidelines for good practices in the holding of referenda (Doc. 9874): to the Political Affairs Committee for report;

Reference No. 2869       Motion for a Resolution on achieving the Millennium Development Goals (MDGs) (Doc. 9876): to the Committee on Economic Affairs and Development for report;

Reference No. 2870       Motion for a Resolution on membership of the immediate past President of the Parliamentary Assembly of the Council of Europe and the Chairpersons of political groups in the Political Affairs Committee (Doc. 9891): to the Committee on Rules of Procedure and Immunities for report;

b.       modification of reference:

Modification of reference No. 2708        dated 26 March 2002: Abolishing the last piece of iron Curtain in Central Europe (Doc. 9363): to the Political Affairs Committee for report and transmission to the Monitoring Committee for information;

c.       extension of references:

Extension of reference No. 2679       of 8 November 2001: Diaspora Cultures (Doc. 9273): in a letter dated 26 June 2003, extension for one year to 8 November 2004;

Extension of reference No. 2665       of 8 November 2001: Genetically modified organisms (Doc. 9248): extension for one year to 8 November 2004;

Extension of reference No. 2452       of 4 November 1999: Need to harmonise hunting so as to preserve Europe’s environmental balance (Doc. 8567): extension for one year to 4 November 2004;

Extension of Order No. 575 (2001)       Domestic slavery: to the Committee on Equal Opportunities for Women and Men until 15 April 2004.

34. On 26 September, the Bureau approved the following references, subject to ratification by the Parliamentary Assembly:

Ø Motion for a resolution on the need for international condemnation of totalitarianism (Doc 9875 rev) to the Political Affairs Committee, for report

Ø        Motion for a resolution on the acute terrorist threat against civil aviation posed by portable missiles (Doc 9895) to the Committee on Economic Affairs and Development, for report

Ø        Motion for a recommendation on the human rights situation in Kosovo (Doc 9896) to the Committee on Legal Affairs and Human Rights, for report

Ø        Motion for a recommendation on abolition of restrictions on the right to vote in general elections (Doc 9906) to the Committee on Legal Affairs and Human Rights, for report, and to the Political Affairs Committee, for opinion

Ø Motion for a recommendation on a campaign to combat domestic violence in Europe (Doc 9907) to the Committee on Equal Opportunities for Women and Men, for report

Ø        Request for an opinion from the Committee of Ministers on a draft additional Protocol to the Convention on Human Rights and Biomedicine, on        Biomedical Research (Doc 9924) to the Committee on Culture, Science and Education, for report, and to the Committee on Legal Affairs and Human Rights and Social, Health and Family Affairs Committee, for opinion

Ø 3^rd Annual Report on the activities of the Council of Europe Commissioner for Human Rights (1 January-31 December 2002) (Doc. 9916) to the Committee on Legal Affairs and Human Rights for report

Ø On the same day, it confirmed the reference of the        Motion for a resolution on the persecution of the press in the Republic of Belarus (Doc 9859) -        Ref. No 2857 of 8 September 2003 to the Political Affairs Committee, for report and approved, subject to ratification by the Parliamentary Assembly, to refer this text to the Committee on Culture, Science and Education for opinion.

MEETINGS ELSEWHERE THAN IN STRASBOURG OR PARIS AND AUTHORISATION FOR MEMBERS' OFFICIAL VISITS

Meetings elsewhere than in Strasbourg and Paris

35. On 27 June, the Bureau authorised the following meetings elsewhere than in Strasbourg and Paris:

o Ad Hoc Committee on CEMAT composed of two members (of the Committee on the Environment, Agriculture and Local and Regional Affairs) in Ljubljana (Slovenia) on 15-17 September 2003;

o Ad Hoc Sub-Committee on the 2003 International Year of Freshwater (of the Committee on the Environment, Agriculture and Local and Regional Affairs) in Ohrid (“the former Yugoslav Republic of Macedonia”) on 13-14 October 2003, on condition that costs of interpretation be reduced;

36. It        refused the request by the Committee on the Environment, Agriculture and Local and Regional Affairs to meet in Geneva in permanent derogation from the relevant Assembly Ruling, but agreed, possibly, to come back to this matter when considering the issues of meetings outside Strasbourg and Paris and the terms of reference of Committees.

37. On 8 September, the Bureau authorised the following meetings elsewhere than in Strasbourg and Paris:

o        Sub-Committee on the Media (of the Committee on Culture, Science and Education) in Bucharest        (Romania), 19-20 September 2003;

o Committee on Migration, Refugees and Demography in Brussels (Belgium), 6 October 2003;

o Committee on Rules of Procedure and Immunities in Bucharest (Romania), 27 October 2003;

o Social, Health and Family Affairs Committee in Florence (Italy), 12 December 2003.

38. It asked the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) to present its request to meet in Turkey on the basis of its 2004 “annual ticket”, possibly in connection with the Bureau meeting to be held in Istanbul 6-7 April 2004.

Official journeys by members of the Assembly

39. On 27 June, the Bureau appointed representatives of the Assembly for the following official activities:

o        55^th Plenary session of the Nordic Council (Oslo, 27-29 October 2003): Mr Blankenborg (subject to his availability);

o        49^th Commonwealth Parliamentary Conference (Bangladesh, 4-12 October 2003): authorised the President to ask a member of the United Kingdom delegation, who will participate in the Conference in another capacity, to represent also the Assembly (without costs for the Assembly);

o 12^th Baltic Sea Parliamentary Conference (Oulu, Finland, 8-9 September 2003): authorised the President to ask Assembly members, who will participate in the Conference in another capacity, to represent also the Assembly (without costs for the Assembly);

40. On 8 September, the Bureau took note that Mr Pourgourides (Greece, EPP/CD) would represent the President of the Assembly at the        Seminar on “Frozen conflicts” organised by the Moldova Chairmanship of the Committee of Ministers (Chisinau, 11-12 September 2003).

Institutional representation of the Parliamentary Assembly

41. On 27 June, the Bureau appointed Mr O’Hara (Committee on Culture, Science and Education) to represent the Assembly on the Council of Europa Nostra (to replace Mrs Melandri).

Chapter II

RELATIONS WITH THE COMMITTEE OF MINISTERS AND OTHER BODIES OF THE

COUNCIL OF EUROPE

EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (CPT)

42. On 27 June, the Bureau drew up the lists of candidates on behalf of Cyprus and Romania to be submitted to the Committee of Ministers and asked the Slovak parliamentary delegation to submit a new list of candidates.

MEETING WITH THE BUREAU OF THE EUROPEAN COURT OF HUMAN RIGHTS (23 JUNE 2003)

43. On 27 June, the Bureau was informed by the President about this meeting and took note that another meeting would take place during the 4^th part of the 2003 session.

JOINT MEETING BETWEEN THE PRESIDENTIAL COMMITTEE AND THE ENLARGED BUREAU OF THE VENICE COMMISSION

44. On 27June, the Bureau        took note of the memorandum submitted by the President of the Assembly.

      WORKING PARTY TO PREPARE THE 3RD SUMMIT OF HEADS OF STATES (GT-SOM3) (Strasbourg, 17 September 2003)

45. On 8 September, the Bureau took note of the memorandum prepared by the Secretary General of the Assembly on the “Third Summit of the Council of Europe: position of the Parliamentary Assembly”, which he would present at this meeting.

Chapter III

EXTERNAL RELATIONS AND POLITICAL MATTERS

SEMINAR WITH THE BELARUS PARLIAMENT (Minsk, 15 september 2003)

46. On 27 june, the Bureau approved the composition of the Ad Hoc Committee to participate in this seminar and agreed that Mrs Wohlwend, senior Vice-President of the Assembly included in the Ad hoc Committee, would chair the Ad hoc Committee.

47. It        agreed that the issue of freedom of expression should be included among the subjects of this Seminar.

48. It also        agreed that additional bilateral meetings could take place on 16 September 2003.

49. On 8 September 2003, the Bureau took note of the draft programmes of the visit and of the Seminar.

      FACT-FINDING VISITS IN EUROPEAN NON-MEMBERS STATES

50. On 27 June, the Bureau authorised Mr Pourgourides, rapporteur of the Committee on Legal Affairs and Human Rights on disappeared persons in Belarus, to visit Minsk before the next part-session.

“TRANS-ASIAN” PARLIAMENTARY FORUM OF THE OSCE PARLIAMENTARY ASSEMBLY

(Almaty, Kazakhstan, 6-8 June 2003)

51. On 27 June, the Bureau took note of the information by Mr Atkinson.

INTERNATIONAL PARLIAMENTARY CONFERENCE ON PAN-EUROPEAN CO-OPERATION (St Petersburg, 16-17 June 2003)

52. On 27 June, the Bureau took note of the information by Mr Davis.

      RELATIONS WITH THE EUROPEAN PARLIAMENT

53. On 27 June, the Bureau took note of the letter of Mr Cox, President of the European Parliament, confirming the holding of the Joint meeting with the European Parliament on 25 September 2003 and agreeing to prepare a memorandum of understanding concerning the election observation missions in the “troika” format (Council of Europe Parliamentary Assembly, OSCE Parliamentary Assembly and the European Parliament).

54. On 8 September, the Bureau took note of the draft memorandum and asked the President to transmit it to the Presidents of the OSCE PA and of the European Parliament (Appendix 2).

      PAN-AFRICAN PARLIAMENT

55. On 27 June, the Bureau took note of the message by the President of the Assembly to African parliamentarians meeting to prepare the creation of the Pan-African Parliament (Cape Town, 30 June-1^st July 2003).

      5^TH MEETING OF THE PARLIAMENTARY TROIKA ON THE STABILITY PACT

56. On 8 September, the Bureau was informed that Mr Schreiner (France, EDG) represented the Assembly at this meeting.

POST-MONITORING DIALOGUE WITH CROATIA

57. On 26 September, the Bureau took note of the recommendation of the Monitoring Committee to close the monitoring procedure in Croatia.

LIECHTENSTEIN

58. On 26 September, the Bureau decided to postpone the decision concerning the opening of a monitoring procedure relating to Liechtenstein and to invite the rapporteurs and the chairperson of the monitoring committee to hold an exchange of views during the meeting of the Bureau on 6 November 2003 before taking its decision.

3^rd ANNUAL REPORT ON THE ACTIVITIES OF THE COUNCIL OF EUROPE COMMISSIONER FOR HUMAN RIGHTS (1 January-31 December 2002)

59. On 26 September, the Bureau decided to refer, for report, the report of the Commissioner to the Committee on legal affairs and human rights and to invite the Commissioner to take part in the Assembly debate on the report prepared by this Committee.

Chapter IV

OBSERVATION OF ELECTIONS

FOLLOW-UP TO THE PARLIAMENTARY ELECTIONS IN ARMENIA (25 May 2003)

60. On 27 June, the Bureau agreed, concerning the follow-up of parliamentary elections in Armenia (25 May 2003), not to join the visit of OSCE/ODIHR planned to take place on 21 and 22 July 2003.

      PRESIDENTIAL ELECTION IN THE CHECHEN REPUBLIC (5 October 2003)

61. On 8 September, the Bureau took note of the invitation letter from the Chechen Administration and decided to come back to this question at its next meeting, in particular in the light of the security situation.

62. On 26 September, the Bureau decided not to observe this election and took note of the possibility for the rapporteurs to go to the Chechen Republic a few weeks after the holding of this election.

      PARLIAMENTARY ELECTIONS IN GEORGIA (2 November 2003)

63. On 27 June, the Bureau        took note that the pre-electoral mission would take place on 7-11 October 2003 and approved the list of members of the pre-electoral mission.

64. On 26 September, the Bureau took note of the programme of the pre-electoral mission and approved the list of members of the electoral mission.

      PRESIDENTIAL ELECTIONS IN AZERBAIJAN (15 October 2003)

65. On 27 June, the Bureau        took note that the pre-electoral mission would take place on 14-17 September 2003 and approved the list of members of the pre-electoral mission.

66. On 8 September, the Bureau decided to increase the number of members of the ad hoc committee to observe these elections to 35 (repartition of seats among political groups based on d’Hondt system).

67. On 26 September, the Bureau took note of the memorandum prepared by Mr A. Gross Switzerland, SOC) which is appended to the present report and approved the list of the Ad hoc Committee to observe the elections.

LEGISLATIVE ELECTIONS IN THE RUSSIAN FEDERATION (7 December 2003)

68. On 8 September, the Bureau, awaiting a formal invitation, decided to set up an ad hoc committee to observe these elections composed of 30 members (d’Hondt system) and agreed that a pre-electoral mission, composed of one representative from each political group which are at the same time members of this ad hoc committee, should take place not later than one month before the elections.

Chapter V

BUDGET AND ADMINISTRATIVE MATTERS

ANALYSIS OF THE USE MADE BY THE ASSEMBLY’S POLITICAL GROUPS OF THEIR ALLOCATION FOR 2002

69. On 8 September, the Bureau approved the communication prepared by the Committee on Economic Affairs and Development.

APPENDIX 1

Committee on Rules of Procedure and Immunities

- THE CHAIRMAN -

Strasbourg, 27 June 2003

Dear President,

At the meeting held on 25 June 2003, members of the Committee on Rules of Procedure and Immunities were informed about two practical problems concerning provisions relating to the organisation of Assembly debates.

First, paragraph 2 of the text on "Organisation of debates" (p.88 of the Rules book, 2002 edition) says that for debates on the morning of the second day of a part-session, amendments should not be tabled later than 4 p.m. on the first day. This limitation to the morning sitting penalises the afternoon sitting, as amendments for its debates would have to be tabled already at 3 p.m. on the first day. Consequently, the Committee on Rules of Procedure and Immunities proposes to delete the words "the morning of".

Secondly, the Committee noted the difficulties of the practical application of paragraph 11 of the text on "Order of speakers" (p.96 of the Rules book, 2002 edition) which stipulates that "If a speaker whose name is on the list is prevented from taking the floor during the debate, and he/she has notified the Chair before he/she has been called, the next speaker of the same Group will be moved up in his/her place". To make this passage more precise, my Committee proposes that the words “next speaker of…" be replaced by “first on the list of subsequent speakers from…”.

As the afore-mentioned texts were adopted by the Bureau of the Assembly, with the approval of the Standing Committee, I should be most grateful if the Bureau could take a decision at one of its next meetings on the changes proposed by the Committee on Rules of Procedure and Immunities.

      Yours sincerely,

      (silgned)

      Serhiy Holovaty

Mr Peter SCHIEDER

President of the Parliamentary Assembly

of the Council of Europe

Strasbourg

APPENDIX 2

Interparliamentary cooperation on election observation -related matters

Memorandum of understanding between the Parliamentary Assembly of the Council of Europe, Parliamentary Assembly of the OSCE and the European Parliament

The Parliamentary Assembly of the Council of Europe, the Parliamentary Assembly of the OSCE, and the European Parliament, hereafter referred to as the parliamentary institutions, following an exchange of letters by their respective Presidencies,

1. Mindful of the need for international institutions to speak with one voice in giving an assessment to an election observed;

2. Desirous to enhance the Parliamentary component of any future election observation involving the parliamentary institutions;

3. Seeking to foreclose any eventual attempts by authorities of a State observed to play one parliamentary institution against the other;

4. Determined to streamline and harmonise their interaction in election observation have agreed on the following:

i. Whenever a parliamentary institution decides to observe an election it shall inform, through a letter from its Secretary General to his counterparts, its two parliamentary partners of the decision.

ii. Should it so happen that the three institutions concerned all take a decision on observing a given election, their delegations shall then constitute a Parliamentary Troika. Whenever the OSCE Office for Democratic Institutions and Human Rights (ODIHR) is also observing the same election, the Troika, together with the ODIHR, shall act as part of an International Election Observation Mission (IECOM). Enlargement of IECOM to other institutions, should be submitted to the previous agreement of the three assemblies and ODIHR.

iii. A standard joint programme of activities shall be established for the Parliamentary Troika. It shall include meetings with top political leaders of the country whose elections are to be observed, with the Chair of its Central Electoral Committee or similar body, with the Chair of the Court dealing with election-related complaints and appeals, with the media and NGO community, with resident ambassadors of the countries represented on the Parliamentary Troika. Parliamentary institutions delegations, where appropriate, may also chose to have individual supplementary meetings;

iv. No member of the Parliamentary Troika shall seek the role of lead institution; Chairmanship of Parliamentary Troika meetings during an election observation shall be rotating, its order to be decided upon on a case-by-case basis;

v. Leaders and rapporteurs, when appropriate, of the Parliamentary Troika delegations, and -senior staff member and ODIHR representatives, shall meet during the election observation to coordinate their activities.

vi. A final press statement, bearing the logos of the three parliamentary institutions and the OSCE ODIHR shall be prepared jointly on behalf of the International Election Observation mission. It shall then be presented jointly by the leadership of the International Election Observation Mission at a press conference co-chaired by the leaders of the three parliamentary delegations. The press conference shall be preceded by a parliamentary debriefing where parliamentary observers shall coordinate their findings. Parliamentary Troika, following internal consultations, may decide to invite ODIHR representatives to such debriefings;

vii. In order not to prejudice the findings of the International Election Observation Mission, the Parliamentary Troika members shall respect media silence procedure in force until the end of the joint press conference held the day following the elections and shall refrain from making statements to the press relating to the election in question until after the press conference.

APPENDIX 3

Pre-electoral mission to Baku (Azerbaijan) 15-16 September 2003

Memorandum submitted by Mr Andreas Gross (Switzerland, Socialist Group), Leader of the Assembly’s delegation

1. Pursuant to a Bureau decision, a five-member delegation (see Appendix 1) carried out a pre-election mission to Baku on 15 and 16 September 2003 to assess the overall political climate in that country ahead of the 15 October presidential election.

2. The Delegation had an intensive programme of meetings (Appendix 2) that included discussions with Presidential candidates, Head of the Central Electoral Commission, Presidents of the Constitutional Court and The Court of Appeals, Head of Presidential Administration, and a representative cross-section of NGOs and the media, as well as the OSCE/ODIHR election observation mission.

3. In a welcome development, ahead of the delegation’s visit, the authorities of Azerbaijan amended the electoral law to accommodate some important recommendations by the Venice Commission and the OSCE/ODIHR. While the Law could still be significantly improved further, even as it stands now, it could provide, in principle, a satisfactory framework for good elections if applied in good faith. It is thus essential for the PACE ad hoc committee to observe how accurately the new provisions are applied by the election administration during the forthcoming election.

4. The delegation was told by the official interlocutors that, according to some independent opinion polls, if the elections were conducted earlier in the year, the incumbent President would have won by a wide margin, a statement that looks credible. In that situation, the authorities would feel inclined to have an election that is deemed acceptable by all concerned.

5. However, health problems of the incumbent have created an all-new situation. President Aliyev’s long absence from Azerbaijan, from public life and view has left the country in a deep uncertainty leading to all sorts of rumours and anxieties. This unfortunate situation of a political limbo with electorate not knowing who is actually running for the top job puts into question the very possibility of having a good election.

6. A more general question arises as to who is running the country, considering that the incumbent President is away, and the newly appointed Prime Minister, Mr Ilham Aliyev, President Aliyev’s son, who is also a candidate, had to step down to comply with the existing legislation, and the previous Prime Minister is acting as the head of the Cabinet.

7. The composition of the Central Electoral Commission with the majority of its members belonging to the ruling party or its supporters is yet another source of grave concern. It undermines the credibility of the democratic process and deepens the already profound mistrust of the electorate in its fairness. Furthermore, instead of being a consensus based technical body, as its role is defined by the legislation, the Commission has turned into a virtual political battlefield where decisions are taken by simple majority.

8. The Commission is yet to fulfil the legal requirements of making voter registers public early on. This situation leaves little time to take corrective action for those concerned.

9. In the interests of transparency, voter confidence building and with a view to minimising any possibility of fraud or vote rigging the delegation has requested that the CEC make the results of the vote count public immediately, once the count is over, and not within 48 hours as is currently foreseen.

10. What was particularly worrying to the delegation was heavy media bias in favour of the incumbent and his supporters. Furthermore, campaign materials of the President and Mr Ilham Aliyev were omnipresent. The delegation was informed that shop owners, taxi and bus drivers were put under pressure and intimidation to display the campaign materials of the incumbent’s camp. While in no position to disprove or confirm this, the delegation was concerned that the overall atmosphere was not that of a fair and equitable contest for all of the candidates. This requires immediate attention of the authorities, since if the opposition feels it has no constitutional ways of influencing the process it could create an explosive political situation.

11. Finally, the opposition, too, bears its share of responsibility for the prevailing climate of overall political mistrust in the country. Instead of engaging in a meaningful political debate on the future of Azerbaijan and proposing specific projects aimed at a democratic development of the country, the disunited opposition is involved in petty politicking, not caring to offer a viable alternative to the forces in power they oppose. As a result, personal rivalries and animosities replace debate on the basis of solid programmes or platforms. If the opposition has constructive and democratic goals other than just ousting the incumbent and his supporters it should rather spell those goals out in the little time left before the election.

12. In my capacity as co-rapporteur of the Monitoring Committee and as part of a follow-up to the monitoring visit in July, I spent two additional days in Azerbaijan after the departure of the delegation. I made a repeat visit to the regions of Kazak and Gangia (500 km north-west of Baku). Concerns of the electorate there with regard to the prospects for a good election were far more pronounced than in the capital. I have received many accounts of people feeling totally under pressure and police cracking down heavily on any expression of opposition – be it campaign materials or individuals. Such regrettable and worrisome environment does not bode well for the 15 October election.

13. When the ad hoc committee is in Azerbaijan for the elections it should follow up with the Azerbaijani interlocutors on the findings and recommendations of the pre-electoral mission. Without prejudging the conclusions of the ad hoc committee, the upcoming elections would be the litmus test of Azerbaijan’s preparedness to have a democratic succession or transfer of power.

ANNEXE 1

AD HOC COMMMITTEE FOR THE OBSERVATION OF THE PRESIDENTIAL ELECTION IN AZERBAIJAN

COMMISSION AD HOC SUR L’OBSERVATION DE L’ ELECTION

PRESIDENTIELLE EN AZERBAIDJAN

List of members of the pre-election delegation

Liste des membres de la délégation pré-électorale

14 – 17 September /septembre 2003

socialist group (soc) / groupe socialiste (soc)

Mr Andreas GROSS       Switzerland / Suisse

Group of the European people’s party (EPP/CD) / Groupe du parti populaire européen (PPE/DC)

Mr Guillermo MARTÍNEZ CASAÑ       Spain / Espagne

liberal, democratic and reformers’ group (ldr) / groupe liberal, democrate et reformateur (ldr)

Mr Daniel GOULET       France

european democratic group (edg) / groupe des democrates europeens (gde)

Mr Mevlüt ÇAVUŞOĞLU       Turkey / Turquie

group of the unified european left (uel) / groupe pour la gauche unitaire europeenne (gue)

Mr Anatoliy RAKHANSKY       Ukraine

Secretariat

Mr Vladimir DRONOV, Head of the interparliamentary cooperation unit

Ms Farida JAMAL, Co-ordinator

Ms Raphaelle MATHEY, Co-Secretary Monitoring committee

ANNEXE 2

AD HOC COMMMITTEE FOR THE OBSERVATION OF THE PRESIDENTIAL

ELECTION IN AZERBAIJAN

Pre-election mission 14 – 17 September 2003

PROGRAMME

Monday 15 September 2003

08:30       Briefing with Ms Inkeri Aarnio-Lwoff, Special Representative of the Secretary General in Baku (Hotel Hyatt Regency – Meeting room “Caspian A”)

09:15       Meeting with Mr. P. Eicher, Head of the Election Observation Mission and Ambassador Burkhard, Head of the OSCE Office in Baku

(Hotel Hyatt Regency- Meeting room “Caspian A”)

10:30       Meeting with Mr M. Panakhov, Head of the Central Election Commission

      (CEC)

11:30       Meeting with the Representatives of national and international NGOs¹; IFES:Mr Charles Lasham, NDI: Mr David Sip, Ms. Adrienne Stone and Ms. Mjusa Sever

      (Hotel Hyatt Regency- Meeting room “Caspian A”)

12.30       Lunch with the Secretary General of the Parliament

14:00       Ilham Aliyev, Voters Initiative Group, (Cabinet of Ministers)

15:15       Meeting with the representatives of the media

16.45 Meeting with registered Presidential Candidates

(Hotel Hyatt Regency- Meeting room “Caspian A”)

      16:45       Etibar Mamedov, Chairman of ANIP Party

17.30 Isa Gambar, Chairman of the Musavat Party

18.30       Meeting with the Head of the Presidium Administration and his advisers

Tuesday 16 September 2003

09:00        Meeting with registered Presidential Candidates (continued):

      09:00       Ilyas Ismailov, Chairman of the Adalat Party

      09:45       Ali Kerimli, Chairman of the Popular Front Party

10:30       Meeting with the Monitoring Group of Human Rights Organisations² and Azerbaijan Federation of Human Rights³²

(Hotel Hyatt Regency- Meeting room “Caspian A”)

12.00       Meeting with the Presidents of the Constitutional Court, Mr. Farhad Abdullayev and the Court of Appeal, Mrs. Gulzar Rzayeva

      (Constitutional Court )

13:30       Working Lunch with the Azerbaijan Delegation to the Council of Europe

18:00        Press Conference

(Hotel Hyatt Regency- Meeting room “Caspian A”)

Address:

Hotel Hyatt Regency

Bakikhanov Street 1

BAKU

Tel. 994 12 98 12 34

Fax 994 12 98 08 17

ANNEXE 3

Statement of the Council of Europe Parliamentary Assembly’s ‘pre-election’ delegation to Azerbaijan

Baku, 16 September 2003

A five-member pre-election delegation⁴ of the Parliamentary Assembly of the Council of Europe, representing all political groups of the Assembly, visited Azerbaijan on 15 and 16 September 2003 to assess the overall political climate in the country ahead of the 15 October presidential election.

The delegation met, inter alia, with presidential candidates, the head of the Central Election Commission, the head of the Presidential Administration, the Presidents of the Constitutional and Appeal Courts, a cross-section of national and international NGOs and the media.

Based on discussions it had, the delegation analysed the situation and came to the following conclusions:

The delegation welcomes the arrangements made by the Azerbaijan authorities, long in advance of the vote, to ensure that the 15 October election is conducted in an acceptable manner. The amended Electoral Law accommodated several recommendations of the Council of Europe and, while not yet perfect, would provide a satisfactory framework for good elections if applied in good faith.

However, the health problems of the incumbent President and the main candidate of the ruling party, Haidar Aliyev, who has been absent from Azerbaijan and out of public view since 8 July, have left the nation in a deep state of uncertainty and a precarious situation ahead of the election. Ilham Aliyev, the son of the incumbent President, also a candidate, was appointed Prime Minister but had to step down to comply with the requirements of the existing legislation. There is a need for clarification if a real election is to be held.

The composition of the Central Election Commission, the majority of whose members belong to the ruling party or its supporters, is a source of major concern. The delegation expects the Central Election Commission to take urgent steps to meet the requirements of the Electoral Law, which defines the Central Election Commission as a consensus-based technical body for administering elections.

The delegation asks the Commission to make sure, for example, that registers of voters are published well ahead of the vote, making it possible for those concerned to take corrective action if necessary. Furthermore, the delegation feels very strongly that the results of the vote count should be made public immediately, once available, and not after 48 hours as currently foreseen.

The delegation voiced its concern about a heavy media bias in favour of the incumbent President and his supporters, as well as the omnipresence of their campaigning material throughout the country. A further source of concern were the complaints of many supporters of the opposition and NGOs who feel harassed and intimidated, as well as the prevailing climate of overall political mistrust in civil society that has created a tense, if not explosive political situation.

The delegation notes with regret that there is no meaningful debate on projects and programmes for the country, which has led to a situation where personal rivalries and animosities have replaced substantive campaigning.

The delegation insists that fair and equitable conditions for all candidates be created without further delay if the opposition is to have a democratic alternative to make its demands heeded.

Fortunately four weeks still remain for the authorities to meet the conditions indispensable for the good conduct of this election, which is crucial for the democratic future of Azerbaijan.

The delegation calls on them to take the urgent measures suggested to official interlocutors to ensure that the 15 October election is held in full compliance with the commitments Azerbaijan subscribed to upon joining the Council of Europe.

¹ Professor Eldar Ismaylov, For the Sake of Civil Society; Mr. Anar Mamedly , Election Monitoring Centre; Mrs Novella Jafaroglu-Appelbaum, SOS ’03 Electoral League and Association for the Protection of Women’s Rights named after D. Aliyeva; Mr Gasimov Farzali Ashafoglu, Committee on the Protection of Democratic Elections and Human Rights

² Arzu Abdullayeva, Novella Jafarova, Saida Godjamanli, Chingiz Ganizade, Saadat Benanyarli

³ Eldar Zeynalov, Leyla Yunus, Rena Saddadinova, Murad Saddadinov, Zaliha Tahirova, Elmira Alekperova, Mirvari Gakhramanli, Avaz Hasanov

⁴ . Andreas Gross (Socialist Group), head of the delegation

Guillermo Martínez Casañ (European People’s Party)

Daniel Goulet (Liberal, Democratic and Reformers’ Group)

Mevlüt Çavuşoğlu (European Democratic Group)

Anatoliy Rakhansky (Group of the Unified European Left)