Print
See related documents
Resolution 2018 (2014) Final version
The progress of the Assembly's monitoring procedure (October 2013-September 2014)
1. The Parliamentary Assembly acknowledges
the work carried out by the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee) in fulfilling its mandate as defined in Resolution 1115 (1997) on
the setting up of an Assembly committee on the honouring of obligations
and commitments by member states of the Council of Europe (Monitoring
Committee) (as modified by Resolution
1431 (2005), Resolution
1515 (2006), Resolution
1698 (2009), Resolution
1710 (2010) and Resolution
1936 (2013)).
2. In particular, the Assembly commends the Monitoring Committee
on its actions in accompanying the 10 countries under a monitoring
procedure sensu stricto (Albania,
Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, the Republic
of Moldova, Montenegro, the Russian Federation, Serbia and Ukraine)
and the four countries engaged in a post-monitoring dialogue (Bulgaria,
Monaco, “the former Yugoslav Republic of Macedonia” and Turkey)
in their efforts to fully comply with the obligations and commitments
they entered into upon accession to the Council of Europe.
3. The Assembly takes note that, during the reporting period,
one full report on the Republic of Moldova, as well as two reports
on the functioning of democratic institutions in Ukraine and one
on Bosnia and Herzegovina, were prepared by the committee and debated
by the Assembly. In addition, two reports and draft resolutions,
on Albania and on Georgia, have been adopted by the committee and
debated by the Assembly at its autumn 2014 part-session. A preliminary
draft report on the honouring of obligations and commitments by
Montenegro was adopted in September and sent to the Montenegrin
authorities for their comments.
4. During the reporting period, the respective co-rapporteurs
carried out fact-finding missions to Albania, Armenia, Azerbaijan
(two visits), Bosnia and Herzegovina, Bulgaria, Georgia, Monaco,
Montenegro, Serbia, “the former Yugoslav Republic of Macedonia”,
Turkey and Ukraine (four visits). In addition, the respective co-rapporteurs
participated in the pre-electoral and election observation missions
in Azerbaijan, Georgia, “the former Yugoslav Republic of Macedonia”,
Turkey and Ukraine. The co-rapporteurs produced information notes on
Montenegro and Serbia, which were declassified by the committee,
and made statements with regard to developments in Azerbaijan (two
statements), Georgia (three statements), Monaco, Montenegro, the
Russian Federation, Turkey and Ukraine (three statements). In addition,
the committee itself adopted statements on “the former Yugoslav
Republic of Macedonia”, Turkey and Ukraine.
5. The Assembly commends the committee for its work in relation
to the developments in Ukraine during the reporting period, including
frequent visits by the co-rapporteurs to the country and the preparation
of two reports on the functioning of democratic institutions for
debate by the Assembly under urgent procedure. The Assembly notes
that, in this context, the committee was also seized for report
on the reconsideration of the previously ratified credentials of
the Russian delegation.
6. With regard to the opinion on the request to open a monitoring
procedure in respect of France, the Assembly notes that the committee
has appointed two co-rapporteurs who went to Paris on 11 September 2014
for meetings with the authorities and other stakeholders concerned.
7. The Monitoring Committee held an exchange of views with Mr
Štefan Füle, European Commissioner for Enlargement and European
Neighbourhood Policy, on European Union enlargement and its neighbourhood policy,
and with Mr Thomas Hammarberg, European Union Special Adviser on
Constitutional and Legal Reform and Human Rights in Georgia, on
his report “Georgia in transition”. In addition, the committee held
an exchange of views with the Secretary General of the Council of
Europe on his report on “Democracy, Human Rights and the Rule of
Law in Europe”.
8. In the framework of the committee’s ongoing work in relation
to the consequences of the war between Georgia and Russia, the Chair
of the committee and the co-rapporteurs for Georgia and the Russian Federation
met, on 6 November 2013, with representatives of the Office of the
Prosecutor of the International Criminal Court in The Hague.
9. The Assembly welcomes the positive developments and the progress
made during the reporting period in a number of countries under
a monitoring procedure or engaged in a post-monitoring dialogue.
In particular:
9.1. in Albania,
the adoption of a number of crucial reforms that have strengthened
the democratic developments of the country;
9.2. in Armenia, the implementation of an alternative military
service that is fully in line with European standards and the start
of a constitutional reform process with a view to strengthening
the balance of powers;
9.3. in Georgia, the conduct of a presidential election that,
in the view of international observers, was transparent, well organised
and took place in a constructive environment, as well as the adoption
of a comprehensive judicial reform package which aims to ensure
genuine independence of the judiciary;
9.4. in Montenegro, the renewed impetus to fight corruption;
9.5. in Serbia, the ongoing reforms of the judiciary with a
view to bringing it fully into line with European standards and
the clear efforts to fight corruption in the country;
9.6. in Ukraine, the holding of a presidential election which
was considered to be genuinely democratic and in line with international
standards and which respected fundamental rights and freedoms despite
the difficult situation in the east of the country;
9.7. in Monaco, the clear willingness of the authorities to
continue the dialogue with the Assembly on fully honouring their
commitments on the basis of a solution that would ensure the consideration
of both the specificities of the Principality of Monaco and the
values of the Council of Europe;
9.8. in Turkey, the adoption of a framework law to further
the settlement of the Kurdish question and the possibility for Turkish
citizens residing abroad to vote in the first direct election of
the President of the Republic.
10. At the same time, the Assembly expresses its concern about
developments and remaining shortcomings in a number of countries
under a monitoring procedure or engaged in a post-monitoring dialogue,
which undermine the democratic consolidation in those countries
and are at odds with their obligations and accession commitments:
10.1. in Albania, the ongoing polarised
climate between the opposition and the ruling majority, the shortcomings
concerning the independence and impartiality of the judiciary and
the persistent and widespread corruption at many levels of Albanian
life;
10.2. in Azerbaijan, the high number of reportedly politically
motivated prosecutions of, and pressure exerted on, journalists,
civil society activists and opposition supporters, as well as the
deterioration in the respect for fundamental human rights and freedoms;
10.3. in Bosnia and Herzegovina, the lack of any credible efforts
to reform the constitution which is necessary to implement the Sejdić
and Finci judgment of the European Court of Human Rights and the growing
disrespect for the rule of law, with high-level officials and party
leadership ignoring and violating legal and constitutional requirements;
10.4. in Georgia, the pressure exerted on opposition activists
and local officials belonging to the opposition, as well as allegations
of politically motivated prosecution of former government members;
10.5. in the Republic of Moldova, the ongoing tense political
climate and absence of progress with regard to constitutional reform;
10.6. in Montenegro, the highly polarised media climate and
attacks on journalists;
10.7. in the Russian Federation, the deterioration of the respect
for fundamental human rights and freedoms, its illegal annexation
of Crimea, in violation of international law, the Statute of the
Council of Europe (ETS No. 1) and accession commitments; its covert
support given to the armed insurgents in eastern Ukraine, including
reports of direct military intervention in the conflict; as well
as its interference in, and pressure exerted on, several neighbouring
countries in clear contradiction of its accession commitments;
10.8. in Ukraine, the escalation of violence and the hard-handed
approach of the former authorities in relation to the Euromaidan
protests, as well as the delay in the implementation of crucial
reforms, including constitutional reforms;
10.9. in “the former Yugoslav republic of Macedonia”, the law
on lustration and the decision of the main opposition members not
to accept their mandates in the newly elected parliament and not
to recognise the legitimacy of the 2014 presidential election;
10.10. in Turkey, concerns regarding the independence of the
judiciary, as well as the right to freedom of expression and the
right to freedom of assembly.
11. Consequently, the Assembly urges all the countries that are
under a monitoring procedure or engaged in a post-monitoring dialogue
to step up their efforts to fully honour all membership obligations
and accession commitments to the Council of Europe. In particular
it calls on:
11.1. the political
stakeholders in Albania to enter into a constructive dialogue and
refrain from boycotting the work of the parliament, and the Albanian
authorities to ensure that the many reforms adopted will also be
implemented, especially with regard to the fight against corruption
and the independence of the judiciary;
11.2. the parliament and authorities of Armenia to pursue the
constitutional reforms in a transparent manner and on the basis
of consultation and wide political consensus;
11.3. the parliament and authorities of Azerbaijan to refrain
from exerting pressure on civil society activists and journalists,
to ensure that the justice system is not used for political purposes,
to immediately and unconditionally release all those held in pre-trial
detention on politically motivated charges, to implement the decisions
of the European Court of Human Rights and to fully respect fundamental
human rights and freedoms, including freedom of expression, freedom
of association and freedom of assembly;
11.4. the parliament of Bosnia and Herzegovina to adopt a substantial
constitutional reform in order to allow the country to become a
fully functional democracy and to implement the judgment of the
Court in the Sejdić and Finci case by changing the constitution
and electoral legislation to remove the ethnicity-based regulations
on standing for office;
11.5. the Georgian authorities to immediately halt any pressure
on opposition activists and officials; and to ensure that the legal
proceedings against former government officials take place transparently, impartially
and in full respect of the country’s obligations under Articles
5 and 6 of the European Convention on Human Rights (ETS No. 5);
11.6. the parliament of the Republic of Moldova to adopt the
necessary reforms to the constitution with regard to the election
of the President of the Republic;
11.7. the parliament and authorities of Montenegro to take prompt
action to end and fully investigate the attacks on journalists and
media outlets;
11.8. the parliament and authorities of the Russian Federation
to ensure the respect of the rights of freedom of expression, association
and assembly; to fully honour, including in practice, their accession commitment
“to denounce as wrong the concept of two different categories of
foreign countries, whereby some are treated as a zone of special
influence called ‘the near abroad’ and refrain from promoting the geographical
doctrine of zones of special interests”; to reverse its illegal
annexation of Crimea; to cease any military aid to the insurgents
in eastern Ukraine, as well as to withdraw its military forces from
that area and the borders of Ukraine; to refrain from any actions
that could directly or indirectly aggravate the situation in eastern
Ukraine; and to fully investigate the circumstances and background
of the death of Sergei Magnitsky, and the possible criminal responsibility
of all the officials involved;
11.9. the parliament and authorities of Ukraine to adopt without
further delay a comprehensive reform of the constitution and electoral
legislation and to refrain from any initiatives that could unnecessarily increase
tensions between different regions and groups in the country;
11.10. the authorities and parliament of Monaco to maintain and
foster their dialogue with the Assembly on the implementation of
their remaining accession commitments;
11.11. the political parties and parliament of “the former Yugoslav
Republic of Macedonia” to change the current polarised and politicised
environment, and the parliament and authorities to promptly remedy
the shortcomings observed during recent elections, and to investigate
transparently and impartially the credible allegations of intimidation
and pressure on voters, as well as of vote buying;
11.12. the parliament and authorities of Turkey to ensure the
independence of the judiciary in law and practice and to pursue
the required reform of the constitution with a view to clarifying
the separation of powers in the country and to take all necessary
measures to overcome the polarisation in society.
12. The Assembly refers to its Resolution 1953 (2013) on the progress
of the Assembly’s monitoring procedure (June 2012-September 2013)
in which it resolves to pursue a more general reflection on ways
to enhance the efficiency and impact of the Assembly’s monitoring
procedure with regard to all Council of Europe member States, and
commends its Monitoring Committee, and its ad hoc Sub-Committee
on the Functioning of the Parliamentary Monitoring Procedure, for
the work accomplished in this respect. It welcomes in particular the
decision to establish a periodic review, on a country-by-country
basis, of the honouring of obligations incumbent upon member States
of the Council of Europe specifically with regard to the 33 countries
that are not subject to a monitoring procedure sensu stricto, or engaged in a post-monitoring
dialogue.
13. The Assembly reaffirms that the parliamentary monitoring procedure
has played, and continues to play, an important and positive role
in the transformation process of many Council of Europe member States.
It has been highly instrumental in the democratisation and institution-building
processes in these countries.
14. The crucial role of the Monitoring Committee in this respect
has to be recognised. The Assembly commends the committee for the
work it has carried out in fulfilling its mandate since its establishment
in 1997.
15. The Assembly believes that while all member States are subject
to the monitoring of their obligations, those countries which undertook
a number of commitments upon accession should undergo specific monitoring
until all the commitments have been fulfilled. It should be stressed
that the commitments were meant to help countries achieve the membership
obligations incumbent on all Council of Europe member States and
that a formal fulfilment of commitments should therefore be measured
by their implementation.
16. A more rigorous and homogenous assessment of each country
under monitoring sensu stricto should be
introduced in order to eliminate any feeling of unfairness and increase
the transparency of the process. The Assembly welcomes the initiative
of the Monitoring Committee to establish, for its own internal use,
guidelines for considering the closing or opening of a specific
monitoring procedure, which would consolidate the Council of Europe
standards.
17. The time frame of the post-monitoring dialogue should be subject
to more rigorous rules. The Assembly agrees that a negative report
on a specific country should include deadlines, established in co-operation
with the relevant authorities, for fulfilment of outstanding commitments,
and that if the authorities do not comply with this road map, the
country should be returned to the full monitoring procedure.
18. The Assembly recalls that the present statutory measures introduced
by Resolution 1936 (2013) on
the progress of the Assembly’s monitoring procedure (October 2013-September
2014) provide the Monitoring Committee with a simplified procedure
for the monitoring of any Council of Europe member State whenever concerns
arise, and it encourages the members of the Assembly to make use
of this possibility whenever appropriate.
19. With a view to ensuring compliance by all Council of Europe
member States with their obligations, including those which are
not subject to specific monitoring procedures, the Assembly invites
the Monitoring Committee to introduce a periodic overview of groups
of countries in accordance with its internal working methods, and
to launch issue-based, cross-country monitoring in close co-operation
with the relevant Assembly committees as a complementary measure
to the country-by-country monitoring.
20. In the light of the foregoing, the Assembly decides to amend Resolution 1115 (1997) (as
modified by Resolution
1431 (2005), Resolution
1515 (2006), Resolution
1698 (2009), Resolution
1710 (2010) and Resolution
1936 (2013)) as follows:
20.1. after the third sentence of paragraph 8, add the following
sentence: “The political groups are invited to ensure that no more
than four members of the same national delegation of a country not
under a monitoring procedure or involved in a post-monitoring dialogue
sit on the Monitoring Committee”;
20.2. replace paragraph 12.1 by the following paragraph: “The
Monitoring Committee shall appoint two of its members as rapporteurs
on a member State engaged in the post-monitoring dialogue. Co-rapporteurs
on a post-monitoring dialogue shall be appointed according to the
same criteria as those established by the present resolution and
the Rules of Procedure of the Assembly for the appointment of co-rapporteurs
for countries engaged in the monitoring procedure”, and add the
following footnote to the paragraph: “For countries engaged in a
post-monitoring dialogue at the moment of the October 2014 part-session,
this will take place as from the end of the Assembly’s June 2015
part-session, or when the term of the current rapporteur expires,
or when a report on the post-monitoring dialogue for that country has
been debated in the Assembly, whichever occurs first”;
20.3. in paragraph 12.2 and 12.3, replace the word “rapporteur”
by “co-rapporteurs”;
20.4. delete paragraph 15.
21. Furthermore, the Assembly decides to amend the terms of reference
of the Assembly’s Committee on the Honouring of Obligations and
Commitments by Member States of the Council of Europe (Monitoring Committee)
(as modified by Resolution
1431 (2005), Resolution
1515 (2006), Resolution
1841 (2011) and Resolution
1936 (2013)) as follows:
21.1. in paragraph 3.ii, delete the second part of the sentence
“; in case … vice-chairperson of the Monitoring Committee”;
21.2. at the end of paragraph 4, add the following sentence:
“The Monitoring Committee, with an absolute majority of all members
of the committee and subject to confirmation by the Bureau of the Assembly,
can decide not to take further action regarding a request to open
a monitoring procedure originating under paragraph 3.iii of its
terms of reference.”;
21.3. in the second sentence of paragraph 5, delete the following
words: “or, in the case of a country involved in a post-monitoring
dialogue, the rapporteur”;
21.4. after paragraph 7, insert two new paragraphs to read as
follows: “In order to ensure compliance with the obligations entered
into by member States which are not subject to specific monitoring procedures,
the committee will carry out periodic overviews of groups of countries,
on a country-by-country basis, in accordance with its internal working
methods.”; and “Furthermore, as a complementary measure to the country-by-country
approach, the committee will carry out issue-based, cross-country monitoring
in close co-operation with the relevant Assembly committees, in
accordance with its internal working methods.”;
21.5. replace paragraph 11 by the following paragraph: “A report
to the Assembly on the post-monitoring dialogue carried out with
a member State shall include a draft resolution which either states that
the post-monitoring dialogue should be concluded or establishes
concrete deadlines for the fulfilment of outstanding commitments.
In the latter case, the failure to meet those deadlines, if so stated in
the following report submitted to the Assembly within the statutory
period of three years, would imply the return to the full monitoring
procedure.” And add a footnote to the paragraph: “For countries
engaged in a post-monitoring dialogue at the moment of the October
2014 part-session, the two-report criteria will start at the June
2015 part-session or after the adoption of the next report on the
post-monitoring dialogue for that country, whichever comes first.”
22. The Assembly invites the Monitoring Committee to pursue its
own reflection on ways to reinforce co-operation with other Council
of Europe monitoring mechanisms.
23. The Assembly invites the Bureau to consider the possibility
of involving in the work of the Monitoring Committee members not
belonging to a political group and countries engaged in the partnership
for democracy.
24. The Assembly welcomes the close co-operation between the committee
and the election observation missions of the Assembly, especially
through the systematic ex officio participation
of the committee’s rapporteurs in the ad hoc committees that observe
the elections as well as in the pre-electoral missions. It takes note
of the intention of the committee to reflect on ways to develop
a more structural and integrated relationship between the Monitoring
Committee and the election observation missions of the Assembly.