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Resolution 1969 (2014) Final version
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 (PNC), whereby it granted partner for democracy status to
the Palestinian National Council. The PNC thus became the second
parliament, after that of Morocco, to request and to be granted
this status, 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 Palestinian
National Council declared that it shared the same values as those
upheld by the Council of Europe and made political commitments in
accordance with Rule 61.2 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 measures were of key importance
for strengthening democracy, the rule of law and respect for human rights
and fundamental freedoms in the Palestinian territories. It stressed
that progress in moving reforms forward is the prime aim of the
partnership for democracy and should constitute the benchmark for
assessing its efficiency.
4. The Assembly supported the Palestinian bid for full membership
of the United Nations in 2011. However, as the United Nations Security
Council was not able to make a unanimous recommendation on the Palestinian bid,
full membership was not achieved, although over 130 member States
of the United Nations, including 18 member States of the Council
of Europe, have already recognised the State of Palestine.
5. The Assembly took note of Resolution 67/19 of the General
Assembly of the United Nations granting Palestine “non-member State”
status, which improves the possibilities for Palestine to join some
international organisations and to accede to some international
treaties and conventions, and decided, following that resolution,
to use the name “Palestine” in the Assembly list and related documents.
6. The Assembly notes that since the adoption of Resolution 1830 (2011) an agreement on reconciliation has been reached between
the Palestinian authorities and the de
facto rulers in Gaza, but regrets that the agreement
has not been put into practice, that the formation of a Palestinian
Government of national unity has not succeeded and that, consequently,
dates for the much needed parliamentary and presidential elections have
yet to be agreed upon.
7. The Assembly welcomes the opening of new negotiations between
the Governments of Palestine and Israel, also thanks to the efforts
of the United States Government. Recognising that progress is slow,
it urges all parties to support the negotiations and is optimistic
that an agreement can be reached. It reiterates its support for
a two-State solution, calls for an end to the illegal occupation
of the Palestinian territories by Israel and regrets the ongoing
construction of illegal settlements in the Palestinian territories.
8. Both 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 Palestinian National
Council 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).
9. In this context, the Assembly:
9.1. welcomes the efforts of the Palestinian National Council
in striving to comply with the political commitments of a partner
for democracy despite all the hardships and impediments of the ongoing occupation
and illegal measures such as arbitrary arrests and restrictions
on freedom of movement;
9.2. 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 in the light of the values upheld by
the Council of Europe;
9.3. 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 all forms of capital punishment. It urges the
Palestinian National Council to intervene with the Hamas authorities
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;
9.4. notes that the structure of the Palestinian National Council
has not yet been reformed so that it becomes a democratically elected
body and that the Palestinian Legislative Council has not been able to
function properly. The Assembly considers that the lack of legislative
power causes a severe imbalance in the Palestinian State structures;
9.5. acknowledges the efforts made, in particular by the Ministry
of Women’s Affairs and women’s organisations, to promote the participation
of women in political and public life, to fight discrimination based
on gender, to ensure effective equality between women and men, and
to fight gender-based violence. It expresses concern, however, at
the increase of violence against women 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;
9.6. notes that the fact that Palestine is not a full member
of the United Nations prevents full co-operation with its special
mechanisms, including the United Nations Universal Periodic Review;
9.7. 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);
9.8. welcomes the fact that the media in the West Bank is 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;
9.9. welcomes the work of the Anti-Corruption Commission, which,
together with that of the State Audit and Administrative Control
Bureau, has been effective in fighting corruption;
9.10. notes that, after being postponed several times, local
elections were held in the West Bank in October and November 2012.
The elections were considered to meet international standards but
the low turnout and the refusal of Hamas to take part are to be
regretted;
9.11. notes that the soldier Gilad Shalit was released after
a long and illegal detention, and in exchange for hundreds of convicted
Palestinian prisoners, soon after the partnership for democracy
came into force;
9.12. welcomes the fact that the illegal smuggling of weapons
into the Gaza Strip and the West Bank has been reduced.
10. The Assembly calls on the Palestinian National Council to
speed up the implementation of 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 offers, where and when needed, its assistance
to the Palestinian delegation to enable it to make full use of its
rights to participate in the work of the Assembly.
11. The Assembly recalls that, when granting partner for democracy
status to the Palestinian National Council, 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 been no follow-up.
12. In this context, the Assembly notes that, due to the lack
of a real legislative process in Palestine, there have so far been
no grounds to mobilise the expertise of the European Commission
for Democracy through Law (Venice Commission). It further notes
with regret that the participation of the Palestinian Authority
in the intergovernmental activities of the Council of Europe has
remained very limited and it encourages the Secretary General to
take all necessary steps, together with relevant partners, to mobilise
the Organisation's expertise to assist in the further development
in Palestine of human rights, the rule of law and democracy, and
to investigate future possibilities for Palestine to make more use
of the relevant instruments of the Council of Europe.
13. The Assembly encourages the members of the Palestinian partner
for democracy delegation 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.
14. In conclusion, the Assembly welcomes the progress achieved
and 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 within two years from
the adoption of the present resolution.