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_______________________________ Raymond Scicluna Skrivan tal-Kamra 2016 ORDINARY SESSION Second part 18-22 April 2016 TEXTS ADOPTED BY THE ASSEMBLY Provisional versions Table of contents Recommendations Recommendation 2088 (2016) Towards a framework of competences for democratic citizenship (Doc.
13992) Recommendation 2089 (2016) Intellectual property rights in the digital era (Doc.

14009) Recommendation 2090 (2016) The humanitarian concerns with regard to people captured during the war in Ukraine (Doc.

14015) Recommendation 2091 (2016) The case against a Council of Europe legal instrument on involuntary measures in psychiatry (Doc.
14007) Resolutions Resolution 2103 (2016) Resolution 2104 (2016) Resolution 2105 (2016) Resolution 21 06 (2016) Preventing the radicalisation of children by fighting the root causes (Doc.

14010) Towards a framework of competences for democratic citizenship (Doc.

13992) Evaluation ofthe partnership for democracy in respect of the Palestinian National Council (Doc.

14002) Renewed commitment in the fight against antisemitism in Europe (Doc.
14008) Resolution 2107 (2016) A stronger European response to the Syrian refugee crisis (Doc.

14014) Resolution 2108 (2016) Resolution 2109 (2016) Human rights of refugees and migrants- the situation in the Western Balkans (Doc.14013) The situation of refugees and migrants under the EU-Turkey Agreement of 18 March 2016 (Doc.

14028) Resolution 2110 (2016) Intellectual property rights in the digital era (Doc.
14009) Resolution 2111 (2016) Resolution 2112 (2016) Resolution 2113 (2016) Assessing the impact of measures to improve women's political representation (Doc.

14011) The humanitarian concerns with regard to people captured during the war in Ukraine (Doc.

14015) After the Brussels attacks, urgent need to address security failures and step up counterterrorism co-operation (Doc.

14031) Resolution 2114 (2016) The handling of international public health emergencies (Doc.
14012) Resolution 2115 (2016) Forced migration: a new challenge (Doc.

13983) ,, !

Recommendations 2088 to 2091 ~ Parliamentary Assembly fttl~ Assemblee parlementaire =:__-;~ ~~rldH~;~~'~"~~~·~,.rnB~~~~~~~~~~~~~OOMOOMoom~~~~ Recommendation 2088 (2016)1 Provisional version Towards a framework of competences for democratic citizenship Parliamentary Assembly 1.
The Parliamentary Assembly, referring to its Resolution 2104 (2016) "Towards a framework of competences for democratic citizenship", welcomes the Council of Europe's initiative to draw up a "framework of competences for a culture of democracy and intercultural dialogue" and stresses the importance of such an instrument developed at the international level to assess competences in this area.

2.
The Assembly therefore requests the Committee of Ministers to respond positively and as quickly as possible to the work undertaken to prepare the framework of competences and to provide for appropriate follow-up mechanisms, especially in order to prepare the tools necessary for the effective implementation of the framework of competences, as has been done for the Common European Framework of Reference for Languages: Learning, teaching, assessment (CEFR), for example: guides for different user categories and contexts; educational materials illustrating the levels of proficiency; guides describing how to relate examinations to reference levels for the competences described; and a specific website providing practical resources.
1.

Assembly debate on 19 April 2016 (13th Sitting) (see Doc.

13992, report of the Committee on Culture, Science, Education and Media, rapporteur: Mr Jacques Legendre).

Text adopted by the Assembly on 19 April 2016 (13th Sitting). ''

lL£?-- Parliamentary Assembly lffL~ Assemblee parlementaire c>~~ ~~iflli:ITit~EI!Il!l!a!!li"1111¥~------!

!UI!Illl __________ Milii CONSEIL DE LEUROPE Recommendation 2089 (2016)1 Provisional version Intellectual property rights in the digital era Parliamentary Assembly 1.
Referring to its Resolution 2110 (2016), the Parliamentary Assembly emphasises the importance of the right to the protection of intellectual property in accordance with Article 1 of the Protocol to the European Convention on Human Rights (ETS No.

9) and Article 10 of the Convention on Cybercrime (ETS No.

185), which must be respected when member States negotiate, accede to and implement international legal obligations affecting intellectual property rights.

2.
2.

The Assembly therefore recommends that the Committee of Ministers: invite the Cybercrime Convention Committee to draw up guiding principles on legal and practical 2.1. measures against the infringement of copyright and related rights, in accordance with Article 1 0 of the Convention on Cybercrime; invite the Parties to the European Convention on the Legal Protection of Services based on, or 2.2. consisting of, Conditional Access (ETS No.
178) to study the effectiveness of domestic law and practice in accordance with Article 4 of that convention as regards the protection of intellectual property rights; 2.3. follow up, through practical action, its Recommendation Rec(2001)7 on measures to protect copyright and neighbouring rights and combat piracy, especially in the digital environment; in this context, practical co-operation should be sought with the European Observatory on Infringements of Intellectual Property Rights and Europol; 2.4. reinforce co-operation with the European Union in this field; transmit to the competent domestic ministries and agencies this recommendation and Assembly 2.5.
Resolution 2110 (2016) on intellectual property rights in the digital era.

1.

Assembly debate on 20 April 2016 (15th Sitting) (see Doc.

14009, report of the Committee on Culture, Science, Education and Media, rapporteur: Mr Axel E. Fischer).

Texl adopted by the Assembly on 20 April2016 (15th Sitting).
l&--- Parliamentary Assembly ttfl~ Assemblee parlementaire ~~ ~~~·~fuili~·M~•ill;u~~~~~2]~~~~&~4~~~~~44444444444444~U Recommendation 2090 (2016)1 Provisional version The humanitarian concerns with regard to people captured during the war in Ukraine Parliamentary Assembly The Parliamentary Assembly refers to its Resolution 2112 (2016) on the humanitarian concerns with 1. regard to people captured during the war in Ukraine.

2.
2.

The Assembly recommends that the Committee of Ministers include psychological assistance to the captured persons and their families in the assistance programmes provided in the framework of the implementation of the current Action Plan for Ukraine.

3.
3.

The Assembly also asks the Committee of Ministers to encourage the Ukrainian and Russian authorities to facilitate monitoring visits by the European Committee for the Prevention of Torture or Degrading Treatment or Punishment to check the conditions of detention of Ukrainian citizens detained for political motives in the Russian Federation as well as in Crimea and those illegally held in the territories under the control of the so-called "Donetsk People's Republic'' and "Luhansk People's Republic".

1.
1.

Assembly debate on 21 April 2016 (17th Sitting) (see Doc.

14015 and addendum, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Nellija Kleinberga).

Text adopted by the Assembly on 21 April 2016 (17th Sitting).

'.

~ Parliamentary Assembly ttfl~ Assemblee parlementaire ~"~ ~~~mmam-illll!lii!Eal!lll:!i _______ U!
______ CONSEIL DE L'EUROPE Recommendation 2091 (2016)1 Provisional version The case against a Council of Europe legal instrument on involuntary measures in psychiatry Parliamentary Assembly 1.

Involuntary placement and involuntary treatment procedures give rise to a large number of human rights violations in many member States, in particular in the context ol psychiatry.

Relevant provisions of the European Convention on Human Rights (ETS No.

5) and the Convention on Human Rights and Biomedicine (ETS No.
164, "Oviedo Convention"), as well as Committee of Ministers Recommendation Rec(2004)10 concerning the protection of the human rights and dignity of persons with mental disorder, authorise but strictly regulate the use of involuntary measures in psychiatry, with a view to protecting people with mental health problems (better termed "people with psychosocial disabilities") from human rights abuses.

2.
2.

Since 2013, the Committee on Bioethics of the Council of Europe (DH-BIO) has been working on drawing up an additional protocol to the Oviedo Convention, aimed at protecting the human rights and fundamental freedoms of people with mental disorders with regard to the use of involuntary placement and involuntary treatment.

3.
3.

While the Parliamentary Assembly understands the concerns that prompted the Committee on Bioethics to work on this issue, it has serious doubts about the added value of a new legal instrument in this field.

Nevertheless, the Assembly's main concern about the future additional protocol relates to an even more essential question: that of its compatibility with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).

4.
During the public consultation on a draft version of the additional protocol conducted in 2015, a number of high-profile human rights bodies, including the Commissioner for Human Rights of the Council of Europe and the committee which is responsible for monitoring the implementation of the CRPD ("CRPD Committee"), expressed fundamental concerns about the draft additional protocol, underlining the incompatibility of its approach with that of the CRPD, and requested that the proposal to draw up a protocol be withdrawn.
The Assembly recalls that since its entry into force in 2008, the CRPD is the international benchmark in 5. the field of disability, in the light of which measures taken at international and national levels are evaluated.

Thus, the CRPD should be the point of departure for any work of the Council of Europe in this area.

6.

The CRPD does not explicitly refer to involuntary placement or treatment of people with disabilities, including people with psychosocial disabilities.
However, Article 14 on the right to liberty and security clearly states that the deprivation of liberty based on the existence of disability would be contrary to the CRPD.

7.

The CRPD Committee interprets Article 14 as prohibiting the deprivation of liberty on the basis of disability even if additional criteria, such as dangerousness to one's self or others, are also used to justify it.
The committee considers that mental health laws providing for such instances are incompatible with Article 14, are discriminatory in nature and amount to arbitrary deprivation of liberty, as other people who might be at 1.

Assembly debate on 22 April 2016 (18th Sitting) (see Doc.

14007, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Ms Guguli Magradze).

Text adopted by the Assembly on 22 April 2016 (18th Sitting).
Recommendation 2091 (2016) risk of being a danger to themselves or others are not subjected to the same limitations of their rights.

It also considers that forced treatment by psycl1iatric and other health and medical professionals is a violation of the right to equal recognition before the law and an infringement of the right to personal integrity, among others.

8.
8.

In view of the above, the Assembly concludes that any legal instrument that maintains a link between involuntary measures and disability will be discriminatory and thus violate the CRPD.

It notes that the draft additional protocol maintains such a link, as having a "mental disorder" constitutes the basis of the involuntary treatment and placement, together with other criteria.

9.
9.

The Assembly notes that member States face challenges in reconciling the non-discrimination principles of the CRPD with traditional mental health-care and human rights provisions.

It also notes that there is resistance from some member States to accept the above interpretation of the CRPD Committee.

However, it considers that the Council of Europe's position ought to be independent from the position of some of its member States.
Ignoring the interpretation of the CRPD by its monitoring body established under international law would not only undermine the Council of Europe's credibility as a regional human rights organisation, but it would also risk creating an explicit conflict between international norms at the global and European levels.

10.
10.

The Assembly also notes that at their 1168th meeting, the Ministers' Deputies instructed the steering and ad hoc committees to assess the necessity or advisability of drafting additional protocols to the conventions for which they have been given responsibility.

It considers that an additional protocol drawn up in such circumstances cannot fulfil the "advisability" criterion required by the Committee of Ministers.

11.
11.

Consequently, the Assembly recommends that the Committee of Ministers instruct the Committee on Bioethics to: 11.1 .
withdraw the proposal to draw up an additional protocol concerning the protection of human rights and dignity of persons with mental disorders with regard to involuntary placement and involuntary treatment; 11.2. instead focus its work on promoting alternatives to involuntary measures in psychiatry, including by devising measures to increase the involvement of persons with psychosocial disabilities in decisions affecting their health.

12.
12.

Should a decision to go ahead with the additional protocol nevertheless be taken, the Assembly recommends that the .Committee of Ministers encourage the Committee on Bioethics to directly involve the disability rights organisations in the drafting process, as required by the CRPD and Assembly Resolution 2039 (2015) on equality and inclusion for people with disabilities.
2 Resolutions 2103 to 2115 l£y-- Parliamentary Assembly It[~ Assemblee parlementaire ~"~ ~~u~@&Jf«§td,rnrn~,m.mmmgaa~~~~~~~~~~~~~~Ba~Mm~R Resolution 2103 (2016) 1 Provisional version Preventing the radicalisation of children and young people by fighting the root causes Parliamentary Assembly 1.
The radicalisation of young people is not a new phenomenon: children and young people, building their identity and looking for a sense of purpose, are more likely to be attracted to radical ideas and movements of different types (political, ideological or religious) than people in other age groups.

Some of those radicalised turn to violence, with nefarious consequences, as history has shown.

2.

The phenomenon of "home-grown" radicalisation has seen a significant increase in recent years.
Young people, including many minors, sensitive to ideological discourse and the apparent "sense of social purpose" offered to them by radical organisations, are drawn into extremist movements involved in violent conflict, for example in Syria and Iraq, and carrying out terrorist acts, including in Europe.

3.

The Parliamentary Assembly is very concerned about these developments.

It believes that prevention is key.


Preventing children and young people from turning to extremist movements must start at an early age when values and beliefs are formed.

Prevention, deradicalisation and rehabilitation strategies must target the individual in his or her specific context, be comprehensive and based on multi-agency local partnerships.

4.
4.

Hate speech, lslamophobia and discrimination against young people of Muslim background or Muslim communities as such (including refugees arriving in Europe) promote exclusion and may further reinforce religious radicalisation of children and young people.
Whilst the European response to terrorist activities must be provided in a highly targeted manner by specialised agencies, including information services, the judiciary and law-enforcement services, the endogenous root causes should be tackled at the national and in particular the local level, in the daily living environment of children and young people.
One of the main challenges is to prevent their social exclusion from the very start to ensure that they enjoy full and equal access to decent living standards and social rights, including education and training.

Relevant strategies need to respect human rights and fundamental freedoms in order to avoid inciting further resentment.
The Assembly recognises that religious belief and faith serve hugely important roles in the lives of 5. countless citizens across the member States and add to pluralism and diversity in our society, and in that regard further recalls the rights enshrined in Article 9 and Article 2 of Protocol No.

1 to the European Convention on Human Rights (ETS No.

9).
9).

The Assembly reaffirms that the right to freedom of thought, conscience and religion is inherent to any true conception of a democratic society, therefore in taking action to counter trends of radicalisation, member States' authorities must ensure that they respect these rights as guaranteed by the European Convention on Human Rights (ETS No.

5).

1.

Assembly debate on 19 April 2016 (13th Sitting) (see Doc.
14010 and addendum, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Ms Sevinj Fataliyeva; Doc.

14025, opinion of the Committee on Culture, Science, Education and Media, rapporteur: Sir Roger Gale; and Doc.

14024, opinion of the Committee on Equality and Non-Discrimination, rapporteur: Ms Gabriela Heinrich).

Text adopted by the Assembly on 19 April2016 (13th Sitting).
Resolution 2103 (2016) In the light of these concerns, the Parliamentary Assembly calls on the Council of Europe member 6.
States to: 6.1. as regards social inclusion via education and training: 6.1.1. sense of social purpose, as well as perspectives for social mobility; provide all children and young people with equal opportunities, life perspectives and a 6.1.2. educate children and young people on democratic citizenship and European values, including by encouraging child and youth participation in all decisions affecting them and give them the tools to take a critical approach to information and to reflect carefully about what they read and are told; 6.1.3. manifestations of prejudice, discrimination, segregation and all forms of violence; implement specific measures to make schools safe and free from bullying and other 6.1.4. develop the teaching of history of religious issues by insisting on the peace-oriented dimension of religions, and in parallel raising awareness of teachers and expanding the curriculum in this area; 6.2. as regards targeted strategies: support families of radicalised young people as well as dedicated institutions and civil 6.2.1. society organisations, appoint local reference persons and develop targeted programmes for prevention, deradicalisation and rehabilitation purposes, including gender-specific approaches, so as to take account of the growing number of radicalised girls and women; develop counter-narratives based on the accounts of persons who have left extremist 6.2.2. or terrorist movements notwithstanding the responsibility of everyone in society to counter extremism; 6.2.3. offer specific training for all parties involved (law enforcement, social workers, non governmental organisations (NGOs), families), providing them with the tools for preventing the (further) radicalisation of at-risk children; 6.2.4. officials to combat lslamophobia; conduct public awareness campaigns and create specific programmes for government encourage religious communities to take a stronger preventive approach, emphasising 6.2.5. the peaceful dimension of religions, and to develop further their activities in the field
 of prevention, particularly with young people and as regards religious representations on the Internet; actively support the deradicalisation of young people leaving extremist movements, 6.2.6. facilitating their rehabilitation to prevent them from being used as "multipliers" for terrorist causes; 6.2.7. implement specific programmes for young people in prisons; 6.2.8. between reporting and supporting services; promote multi-stakeholder partnerships building on mutual trust, with clear "firewalls" 6.2.9. crimes committed within the State and make such reports publicly available; record, monitor and maintain reliable information and statistics about lslamophobic hate 6.3. as regards urban policies, invest in improving disadvantaged neighbourhoods and their social infrastructure and, in particular, ensure implementation of Committee of Ministers Recommendation CM/Rec(2015)3 to member States on the access of young people from disadvantaged neighbourhoods to social rights; 6.4. as regards social action and dialogue more generally: 6.4.1. facilitate the dialogue between religious communities and families to identify children and young people at risk and to foster mutual understanding and respect between and within religions; 6.4.2. develop awareness-raising and prevention campaigns and targeted measures against lslamophobia and other forms of hate speech which may further reinforce vicious circles of discrimination and the mistrust between political and religious systems that fuel extremism; 2 Resolution 2103 (2016) 6.4.3. support the work of the associations of victims of terrorism and of other civil society organisations aimed at raising awareness of children and young people about the danger of radicalisation; 6.5. as regards safer media and Internet policies: 6.5.1. encourage families and schools to educate children on Internet use in order to make them aware of extremist content and critical of the manipulative methods used by radical organisations; 6.5.2. fuelled
 by hate speech on social media; take legal measures to combat lslamophobic and other hate crimes, which can be 6.5.3. media and other communication technologies by reinforcing alert mechanisms; fight the dissemination of radical propaganda and hate speech via the Internet, social 6.5.4.
Political Rights, any incitement to violence, in particular through the media; prohibit by law, in accordance with Article 20 of the International Covenant on Civil and 6.6. as regards law enforcement and intelligence services, create systems to identify and facilitate the exchange of information on radicalised persons and convicted offenders in order to monitor their movements across European borders and prevent future crimes, while respecting their human rights and fundamental freedoms.

7.
7.

The Assembly further invites member States to: sign, ratify and implement, if they have not yet done so, the Council of Europe Convention on 7.1. the Prevention of Terrorism (GETS No.

196) and its Additional Protocol (GETS No.
217); support and implement the Council of Europe Action Plan on "The fight against violent 7.2. extremism and radicalisation leading to terrorism (2015-2017)", the Guidelines for prison and probation services regarding radicalisation and violent extremism adopted by the Committee of Ministers in March 2016, as well as the Council of Europe Strategy for the Rights of the Child (2016-2021) to be launched in April2016, which also aims at preventing the radicalisation of children; 7.3. exchange information and good practice with regard to the best strategies and tools aimed at preventing radicalisation, deradicalising young people concerned and rehabilitating returnees from foreign conflicts and extremist organisations.
The Assembly urges religious leaders to enhance efforts to prevent young people from becoming an 8. instrument of violence and terror.

3 lLJ;?-- Parliamentary Assembly lffL~ Assemblee parlementaire ~~ ~ 1®rn~~~rr··~~~~~~~mmrrrr~~~~~~~~~~~~ Resolution 2104 (2016) 1 Provisional version Towards a framework of competences for democratic citizenship Parliamentary Assembly 1.
The Parliamentary Assembly stresses the importance of giving young people all the tools they need to acquire the skills necessary to build a pluralistic society based on solidarity, democratic values and human rights, and to live in it together as active and responsible citizens.

2.

The Assembly believes it is not possible to acquire these skills without quality education in democratic citizenship, human rights and intercultural dialogue, of which school must be one of the pillars.
However, many European countries lack both benchmarks and a process that enables learning and teaching outcomes and teaching approaches and methods to be properly assessed.

3.
3.

The Assembly therefore welcomes and supports the initiative of the Ministers of Education of the Council of Europe member States concerning the development of a European "framework of competences for a culture of democracy and intercultural dialogue" and would like policy makers to be made more aware of this initiative and mobilised to take the measures required to ensure the effective implementation of this framework of competences in all European States.

4.
In this respect, the Assembly recommends that the member States: 4.1. review their education policies and reformulate the objectives of these policies in order to take account of the new framework of competences for a culture of democracy and intercultural dialogue that the Council of Europe is currently drawing up and ensure its proper implementation as soon as it is adopted; implement the framework of competences at all levels of the education system with due regard 4.2. to various situations (classroom, school, local community or the community to which one belongs) and ensuring that theoretical learning is not separated from its practical application; adapt school curricula and allocate the necessary resources to education for democratic 4.3. citizenship, human rights, gender equality and intercultural dialogue (whether it be part of a specific or cross-disciplinary course); 4.4. adapt the initial and in-service training of school leaders, teachers and educators, especially as far as the assessment of pupils' skills is concerned; if necessary, make it compulsory to participate in training modules (possibly with qualifying examinations) that enable knowledge in the areas covered by the framework of competences to be improved; 4.5. ensure recognition of the outcomes of learning for democratic citizenship, respect for human rights and intercultural dialogue, for pupils and teachers, school leaders and other individuals concerned, and to this end: 4.5.1, with regard to theoretical learning and the acquisition of appropriate behaviour; establish assessment and validation procedures in order to measure progress made 1.
Assembly debate on 19 April 2016 (13th Sitting) (see Doc.

13992, report of the Committee on Culture, Science, Education and Media, rapporteur: Mr Jacques Legendre).

Text adopted by the Assembly on 19 April2016 (13th Sitting).

See also Recommendation 2088 (2016).

Resolution 2104 (2016) 4.5.2. compefences; use tools, such as the Skills Portfolio, that can give greater visibility to these 4.5.3. service.
take these competences into account in the selection processes for access to the civil The Assembly invites the Council of Europe Congress of Local and Regional Authorities to take 5. account of the framework of competences in the implementation of the Revised European Charter on the Participation of Young People in Local and Regional Life, and to promote in this context the exchange of practical experience between local and regional authorities.
The Assembly recognises the impo11ant role of civil society partners and reiterates that civil society 6. organisations should be involved at the national and international levels in the implementation of the framework of competences.
It invites the Conference of International Non-governmental Organisations (INGOs) of the Council of Europe and the Advisory Council on Youth to contribute to the implementation of the framework of competences as well as to the exchange of experience, the promotion of good practices and mutual enrichment in this area.

7.
7.

The Assembly welcomes the efforts to co-ordinate the Council of Europe's actions with those of other international organisations, especially the institutions of the European Union, the United Nations Educational, for Economic Co-operation and Scientific and Cultural Organization Development (OECD), the Office of the United Nations High Commissioner for Refugees (UNHCR) and the International Association for the Evaluation of Educational Achievement (lEA).
It calls on these organisations to continue and strengthen their co-operation in all areas with an impact on the implementation of the framework of cornpetences, with the aim of making teaching a culture of democracy and intercultural dialogue more effective and more consistent in the education systems of their respective member States.
the Organisation (UNESCO), 2 lL£?-- Parliamentary Assembly Itt(_~ Assemblee parlementaire ~~ ~~~~~·~~~~4hl>~t*~&±±~s~~~~F~~~~~OOqmqmqmqm~qmqmqmqmqmm44M Resolution 2105 (2016)1 Provisional version Evaluation of the partnership for democracy in respect of the Palestinian National Council Parliamentary Assembly 1.
On 4 October 2011, the Parliamentary Assembly adopted Resolution 1830 (2011) on the request for partner for democracy status with the Parliamentary Assembly submitted by the Palestinian National Council, whereby it granted partner for democracy status to the Palestinian National Council (PNC).
After the Parliament of Morocco, the PNC was the second to 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.

Upon making its official request for this status, the Palestinian National Council declared that it shared 2. the same values as those upheld by the Council of Europe and made political commitments in accordance with Rule 62.2 of the Rules of Procedure of the Assembly.
These commitments are set out in paragraph 4 of Resolution 1830 (2011).

In addition, the Assembly stated in paragraph 12 of the aforementioned resolution that a number of 3. specific issues were of key importance for strengthening democracy, the rule of law and the respect for human rights and fundamental freedoms in the Palestinian territories.
It stressed that progress in moving reforms forward is the primary aim of the partnership for democracy and should constitute the benchmark for assessing its efficiency.

4.
On 28 January 2014, the Assembly adopted Resolution 1969 (2014) on the evaluation of the partnership for democracy in respect of the Palestinian National Council, in which it noted that "[b]oth the division between the West Bank and the Gaza Strip and the ongoing Israeli occupation of the largest part of the Palestinian territories have made it impossible for the 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 )".
5.

Two years later, the Assembly regrets that the situation on the ground has hardly improved.

On the contrary, agreements between the Palestinian authorities and the de facto rulers in Gaza have been announced- the recent Doha attempt at reconciliation being the latest- but have never been put into practice and negotiations between the Governments of Palestine and Israel are at a standstill.

There are no signs that the situation might unblock in the near future.
As a consequence, the long overdue parliamentary and presidential elections have still not taken place 6. and are probably not going to take place in the foreseeable future.

The Assembly reiterates once again its support for a two-State solution and an end to the illegal occupation of the Palestinian territories by Israel and deplores the ongoing construction of illegal settlements in the Palestinian territories.

1.

Assembly debate on 19 April 2016 (13th Sitting) (see Doc.
14002, report of the Committee on Political Affairs and Democracy, rapporteur: Mr Jordi XuciB.

; Doc.

14021, opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Mr $aban Di~li; and Doc.

14022, opinion of the Committee on Equality and Non-Discrimination, rapporteur: Ms Marit Maij).

Text adopted by the Assembly on 19 April 2016 (13th Sitting).

~ ~ Resolution 2105 (2016) 7.
In this context and in the light of Resolution 1969 (2014), the Assembly: 7.1. welcomes the active participation of the Palestinian parliamentary delegation in the work of the Assembly and its committees, which provides opportunities to keep the Assembly informed about the political developments in the country in the light of the values upheld by the Council of Europe; notes that the Palestinian delegation regularly participales in interparliamentary regional 7.2. activities, organised by the Assembly with the aim of making its experience available to members and staff of the Palestinian National Council, and encourages them to continue to participate in these activities; notes that, while a de facto moratorium on executions has been in place since 2005 in the West 7.3.
Bank, courts in Gaza continue to hand down death penalty sentences and Hamas authorities continue to carry out illegal executions.
The Assembly strongly condemns such executions and urges the Palestinian National Council to intervene with Hamas to stop executions in Gaza and to abolish the death penalty in the Palestinian Penal Code, in line wilh the commitment entered into under the partnership for democracy; 7.4. notes that the structure of the Palestinian National Council has not yet been reformed so that il becomes a democratically elected body and that the Palestinian Legislative Council has still not been able to function as a legislative body.
The Assembly considers that the lack of legislative power causes a severe imbalance in the Palestinian State structures; 7.5. acknowledges the efforts 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 reports that violence against women is still a serious problem and calls on the Palestinian authorities to take resolute action against this scourge, in co-operation with civil society and more specifically women's organisations.
Women's economic empowerment and their participation in peace talks should also be encouraged; notes that the fact that Palestine is not a full member of the United Nations prevents full co- 7.6. operation with its special mechanisms, including the United Nations Universal Periodic Review; 7.7. notes, however, that such a fact does not prevent it from adhering to Council of Europe conventions and other legal instruments, provided that there is agreement within the Council of Europe Committee of Ministers (by a two-thirds majority) and among the parties to such instruments (unanimity); 7.8. welcomes the fact that the media in the West Bank is in general free and pluralistic, but regrets some reported incidents of harassment of journalists by security forces.
It notes with concern that t11ere is no freedom of the press in Gaza; 7.9. regrets the fact that administrative detention is still in force; regrets that some members of the Palestinian Legislative Council are detained by the Israeli 7.10. forces.

The Assembly welcomes the efforts made by the Palestinian National Authority in preserving and 8. supporting including an appropriate representation in the political and administrative structures, which is a model of good practice for the whole region.
role of Christian communities within Palestinian society, the The Assembly calls again on the Palestinian National Council to put into practice its general 9. commitment to the core values of the rule of law and respect for human rights and fundamental freedoms, and to address issues in these areas, including those reported by civil society organisations and the media.
It is of the utmost importance that the lack of checks and balances, due to the current absence of an effective legislative power in Palestine, be overcome.

The Assembly continues to offer, where and when needed, its assistance to the Palestinian delegation to enable it to make full use of its rights to participate in the work of the Assembly.

10.
10.

The Assembly recalls that, when granting partner for democracy status to the Palestinian National Council, and again when it carried out its first evaluation of the partnership for democracy in respect of the PNC, it had hoped that this would contribute to intensifying co-operation between Palestine and the Council of Europe.
The reform of the judiciary, the promotion of good governance and the prevention of trafficking in human beings were identified as areas for co-operation, but unfortunately there has still been no follow-up.

2 Resolution 2105 (2016) 11.

In this context, the Assembly notes that, due to the lack of a real legislative process in Palestine, there have been no grounds to mobilise the expertise of the European Commission for Democracy through Law (Venice Commission).
It further notes with regret that four years after the granting of the partnership for democracy, the efforts of both the Secretary General of the Council of Europe and the relevant Palestinian partners to mobilise the Organisation's expertise, with a view to contributing to the full implementation of democratic reforms in the Palestinian territories, have not yet produced relevant practical results.
It encourages again the Secretary General of the Council of Europe, in consultation with the Parliamentary Assembly, to mobilise the Organisation's expertise to assist in the further development of human rights, the rule of law and democracy in the Palestinian territories, and to investigate future possibilities to make more use of the relevant instruments of the Council of Europe.
The Assembly encourages the members of the Palestinian partner for democracy delegation to step up 12. efforts to accelerate the implementation of the process of reform and to address remaining concerns with regard to the rule of law and respect of human rights and fundamental freedoms, in line with the political commitments entered into under the partnership.

In conclusion, the Assembly resolves to continue to review the implementation of political reforms in 13.
Palestine and to offer its assistance to the Palestinian National Council.

It will make a new assessment of the partnership when appropriate.

3 [L?-- Parliamentary Assembly tttl~ Assemblee parlementaire ~~ --- ~~~rnwa~~~~~~t¥~li~t*¥~~~~~~9e~~~~~~~mm~~~~~• Resolution 2106 (2016)1 Provisional version Renewed commitment in the fight against antisemitism in Europe Parliamentary Assembly 1.
Targeted attacks against members of the Jewish community in recent years in several Council of Europe member States demonstrate that antisemitism is not a curse of the past, but is a threat and a reality in Europe today.

2.

The Parliamentary Assembly has observed for some years a worrying rise in manifestations of hate speech, racism, xenophobia and intolerance in Europe affecting migrants and asylum seekers, Jews, Muslims and Roma, Sinti and Travellers.
It has relentlessly condemned manifestations of hatred and intolerance and called on its members to take a strong stand against them.

3.

Historically, manifestations of antisemitism have shown how prejudice and intolerance can lead to systematic harassment, discrimination and ultimately mass killings and genocide.

Still today, persisting stereotypes, insults and physical violence are experienced on a daily basis by members of the Jewish community in Europe.
Limited protection mechanisms and the partial implementation of anti-discrimination and anti-racism legislation do not guarantee equality and safety for all.

4.

Antisemitism and its manifestations are in contradiction with the fundamental values of the Council of Europe.

It finds its origin in deep-rooted prejudice in society against Jews, which will only be overcome by increased awareness-raising efforts among the population and strong political condemnation.
The Assembly expresses its concerns regarding the perpetuation of discriminatory stereotypes and calls for action to combat this scourge.

Most Council of Europe member States have taken relevant action to combat antisemitism and 5. discrimination.

But in the light of recent events, member States need to be increasingly vigilant and step up efforts to respond to new challenges.
Governments and parliaments should consider the fight against antisemitism as a priority and their responsibility, as an integral part of policies and action to counter all forms of hatred.

6.

Referring to its Resolution 1563 (2007) on combating anti-Semitism in Europe, the Assembly recalls that antisemitism represents a danger for all democratic States as it serves as a pretext for the use of and justification for violence.
The Assembly also supports the work of the European Commission against Racism including and antisemitism.

Full implementation of its General Policy Recommendation No.

9 on the fight against antisemitism and follow-up to its recommendations following country visits need to be ensured.

Intolerance (ECRI) in preventing and combating all forms of racism and intolerance, 1.

Assembly debate on 20 April 2016 (14th Sitting) (see Doc.
14008, report of the Committee on Equality and Non Discrimination, rapporteur: Mr Boriss CileviCs; and Doc.14023, opinion of the Committee on Political Affairs and Democracy, rapporteur: Mr Titus Corlatean).

Text adopted by the Assembly on 20 April2016 (14th Sitting).
Resolution 2106 (2016) In the light of these considerations, the Assembly calls on member States, observers and partners for 7. democracy lo: 7.1. with regard to the condemnation and prosecution of antisemitic crimes: 7.1.1. ensure, while safeguarding freedom of expression, that the legislative framework on combating discrimination on any ground and hate speech is comprehensive and implemented, covering manifestations of antisemitism, such as public incitement to violence, hatred or discrimination, public insults, threats and desecration and profanation of Jewish property and monuments; 7.1.2. make the public denial, trivialisation, justification or praise of the Holocaust ("Shoah"), of crimes of genocide and of crimes against humanity a criminal offence, when it is not yet the case; 7.1.3. make a motive based on race, national or ethnic origin, religion or belief an aggravating factor in a criminal offence, when it is not yet the case; 7.1.4. and incitement to hatred; ensure the prosecution of political figures and political parties for antisemitic statements 7.1.5. suppress public funding of organisations and political parties promoting antisemitism; 7.1.6.
Convention on Human Rights (ETS No.

177); sign and ratify, if they have not yet done so, Protocol No.
12 to the European 7.2. with regard to the reporting of antisemitic and other hate crimes: increase the level of trust in the national authorities by providing police officers with 7.2.1. training on combating hate crime and discrimination, and setting up dedicated anti-hate crime units in police forces, when it is not yet the case; 7.2.2. campaigns on how to report such crimes; encourage victims to report antisemitic and other hate crimes by launching information 7.2.3. step up efforts to ensure that a comprehensive and efficient system is put in place for the collection of motivation-disaggregated data on hate crimes and ensure the publication of the number of complaints and their motivation; 7.2.4. organisations in assisting victims of hate crime; encourage co-operation between the police, the judiciary, educators and civil society 7.3. with regard to the prevention of antisemitism: 7.3.1. hatred and intolerance and the Holocaust ("Shoah"); require that educational programmes make a link between current manifestations of 7.3.2. curriculum at secondary level and that teachers receive specific training; ensure that the teaching of the Holocaust ("Shoah") is made an integral part of the 7.3.3. activities, cultural programmes and sports events; encourage exchanges between children and young people of different faiths via joint 7.3.4. engage in reflections and debates, at governmental and parliamentary levels, with the participation of political and religious leaders of different faiths, spiritual and humanistic beliefs, on the reasons behind the persistence of negative stereotyping and the root causes of antisemitism; 7.3.5.
Holocaust ("Shoah"); oblige perpetrators of antisemitic acts to participate in educational programmes on the 7.3.6. living launch awareness-raising campaigns promoting respect and harmonious together, including in the framework of school curricula and integration programmes for migrants and refugees; 7.3.7. crimes against humanity; actively promote the Day of Remembrance of the Holocaust and for the prevention of 7.4. with regard to antisemitism in the media and online antisemitic hate speech: 7.4.1. diversity and report impartially on antisemitic attacks and on world events; encourage the media to promote respect for all religious faiths and appreciation of 2 ) Resolution 2106 (2016) 7.4.2. combat online hate speech; urge Internet service providers and social media to take specific action to prevent and sign and ratify, if they have not yet done so, the Additional Protocol to the Convention 7.4.3. on Cybercrime concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No.
189).

The Assembly calls on the member States to take necessary measures to ensure the security of Jewish 8. people and their religious, educational and cultural premises in close consultation and dialogue with Jewish communities and their representatives.

9.
9.

The Assembly encourages national parliaments, including partners for democracy, to co-operate with the No Hate Parliamentary Alliance and the No Hate Speech Movement campaign in their activities to prevent and combat antisemitism and other forms of hate speech and intolerance.

The Assembly also calls for increased dialogue on means to prevent and combat antisemitism with the observer delegation of the Knesset at the Assembly.
The Assembly urges members of national parliaments and political leaders to systematically and 10. publicly condemn antisemitic statements and engage in counter speech and alternative narratives.

It also encourages them to set up an all-party parliamentary group against antisemitism to strengthen the fight across the political spectrum.

11.
11.

The Assembly recognises the important role of civil society organisations in preventing and combating all forms of hatred and intolerance and calls for their continuous financial support.

12.
12.

Referring to Recommendation 1962 (2011) on the religious dimension of intercultural dialogue and Recommendation 2080 (2015) on freedom of religion and living together in a democratic society, the Assembly reiterates its proposal that the Committee of Ministers set up a stable and officially recognised platform for dialogue between the Council of Europe and senior representatives of religions and non denominational organisations.
3 l.Lf;;-- Parliamentary Assembly Hfl~ Assemblee parlementaire ~~ =-~ ====:--~Jfim!ill_ri!!l'l!<i!ffi~im!!-1ill!l!lllli!1!&1'll!!lEISill-lll!ll---IDIIm---!!!

!ill-llill CONSE!l DE L'EUROPE Resolution 2107 (2016)1 Provisional version A stronger European response to the Syrian refugee crisis Parliamentary Assembly 1.

The Syrian refugee crisis is a consequence of the ongoing war in Syria, which started in 2011.

Refugees began fleeing Syria from early in the conflict.
By early March 2016, the total number of registered Syrian refugees was over 4 800 000, added to around 6.6 million internally displaced persons.

The mounting complexity of the conflict, coupled with the increasing military involvement of external actors, has rnade the prospects for peace ever more remote.

This makes it equally unlikely that conditions within Syria will allow for a mass return of refugees in the short or even medium term.

2.
2.

Jordan now hosts some 640 000 registered Syrian refugees, with a similar number of Syrians resident but not registered as refugees.

The country's current total population is around 7.5 to 8 million.

Some 18% of the refugees live in camps, the rest are "urban" refugees.

The refugee camps - notably Za'atari and Azraq - are well-equipped, supplied and orderly, although the food situation is critical - women in particular are often undernourished - and medical care is insufficient.
Around 1 070 000 registered Syrian refugees are in Lebanon, a drop of 115 000 from the peak of Apri12015, but to which should be added some 400 000 other Syrians, mostly unregistered refugees.

Lebanon has a population of 5 850 000: Syrian refugees make up around one quarter of the population.

There are no official refugee camps for Syrians in Lebanon: Syrian refugees live in urban accommodation or in one of the 1 900 informal settlements spread across the country.
The population of Turkey is 79.5 million, according to the 2015 estimate.

There are now 2 715 789 Syrian refugees in Turkey: this makes Turkey the country with the largest refugee population in the world.

Around 10% of Syrian refugees in Turkey live in the 26 camps in the south of the country.

3.
3.

Neither Jordan nor Lebanon is Party to the 1951 Convention relating to the Status of Refugees and so do not extend legal protection to refugees in full accordance with international standards, although both remain bound by the customary international law prohibition on refoulement.

Turkey has ratified the 1951 Convention and the 1967 Protocol but applies a geographical limitation that excludes Syrian refugees.
Under Turkey's 2013 Law on Foreigners and International Protection, however, Syrian refugees can benefit from "temporary protection", analogous to including protection against refoulement.

that under the 1951 Convention, 4.

The Parliamentary Assembly notes that there are problems of access to protection in all three countries.

A group of over 20 000 Syrian refugees has been blocked by the Jordanian authorities in the desert at the border with Syria, many for several months.
In Lebanon, many refugees have been unable to renew their residence status since January 2015, and in May 2015, the Lebanese Government instructed the Office of the United Nations High Commissioner for Refugees (UNHCR) to suspend registration of new arrivals.

Turkish policy appears to have changed in recent weeks: thousands of refugees fleeing the intensified fighting around Aleppo have reportedly been denied entry into Turkey, with 110 000 now stuck in camps on the Syrian side of the border.

5.
5.

All three countries are under extreme social, political and economic strain.

From the refugees' perspective, problems include uncertain legal status and protection (especially in Jordan and Lebanon), lack of decent, affordable housing, food shortages, lack of work permits (in Jordan and Lebanon, and until recently in Turkey) leading to irregular employment and exploitation, poverty and debt, inadequate access to health 1.

Assembly debate on 20 April 2016 (15th Sitting) (see Doc.
14014, report of the Committee on Migration, Refugees and Displaced Persons.

rapporteur: Ms Annette Groth).

Text adopted by the Assembly on 20 April 2016 (15th Sitting).

Resolution 2107 (2016) care, inadequate access to education and recourse to negative coping strategies such as child labour, early marriage and prostitution.
F'rom the host communities' perspective, problems include housing shortages and rent increases, increased food prices, competition in the labour market and reduced wages (especially in informal employment), pressure on municipal services and infrastructure, environmental degradation, and huge budgetary burdens that have increased public debt and undermined economic growth.

From the perspective of both refugees and host communities, the current situation is untenable.

6.
In the circumstances, it is not surprising that many Syrian refugees, faced with inadequate protection and lack of prospects for themselves and their children and with little chance of being able to return home, are turning to western Europe, attracted by its reputation for respecting human rights and the rule of law and its far greater prosperity The Assembly believes that the European response to the Syrian refugee crisis must be based on the 7. following principles: 7.1. those fleeing the conflict in Syria are entitled to international protection; 7.2. that protection is usually, but not always, best provided in countries close to home; these neighbouring countries cannot provide that protection without extensive external support, 7.3. which must be tailored to their particular circumstances; that support must include sufficient financial assistance as well as technical measures including 7.4. privileged access to export markets; · 7.5. it must be accompanied by humanitarian pathways for admission of substantial numbers of Syrian refugees, including by resettlement, that prioritise the most vulnerable and avoid the need for them to take dangerous, irregular routes to seek protection in Europe; 7.6. family reunification procedures for refugees should be improved and accelerated; the issuing of visas for family members with either children or parents in European countries should be quick and procedurally streamlined, applying a broad definition of the family.
8.

The Assembly therefore welcomes the progress made under recent initiatives, notably the London Conference on Supporting Syria and the Region of 4 February 2016, the financial aid promised to Turkey and the commitment to improve the situation of Syrian refugees in the European Union-Turkey Joint Action Plan of 15 October 2015 and the High-level meeting on global responsibility sharing through pathways for admission of Syrian refugees.
The international community, including European States and the European Union, must be prepared to do more if their current efforts prove inadequate.

Furthermore, European Union support for Syrian refugees in Turkey must not be made conditional on a reduction in the number of people -far from all of whom are Syrian refugees - crossing the Aegean Sea from Turkey to the Greek islands.
It must also be ensured that financial aid is invested as intended, in order to meet the needs of refugees both in urban areas and in camps.

9.

The Assembly emphasises that the Syrian refugee crisis is the responsibility not only of neighbouring States and of Europe but also of the international community as a whole.
It calls on other States, including in the Middle East region, to take a similar approach based on providing not only financial aid, as many pledged to do at the London Conference, but also humanitarian pathways for admission of Syrian refugees as such.

10.

Palestinian refugees, especially those formerly living in Syria, have been particularly badly affected by the conflict and the fact that many of them are stateless adds to the obstacles they face.
At the same time, the fact that they are almost exclusively supported by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has left them somewhat outside the reach of much of the international aid intended for Syrian refugees.

The Assembly therefore calls on the European States and the European Union to respond generously to UNRWA's Syria Regional Crisis Emergency Appeal2016.

11.
11.

The Assembly recommends that: 11.1. the member States of the Council of Europe: 11.1.1. refrain from denying entry to Syrian refugees; 11.1.2. country for refugees; refrain from returning refugees to Turkey, as Turkey cannot be considered a safe third 11.2.

European Union member and other participating States comply immediately with the decisions on relocation of refugees from Greece and Italy, as adopted by the Justice and Home Affairs Council in September 2015; 2 Resolution 2107 (2016) 11.3.
Turkey: 11.3.1. keeps its borders open to Syrian refugees, coming directly from Syria or indirectly via Lebanon or Jordan, in order to ensure that they can fiee the violence in their country; 11.3.2. gives access to the "removal detention centres" to humanitarian organisations such as UNHCR and the Red Crescent, and to legal advisers and representatives; the European Commission adapts a large-scale resettlement mechanism for Syrian refugees 11.4. from Turkey, Lebanon and Jordan prioritising vulnerable refugees, including Palestinian refugees from Syria.
3 l.LJ/--- Parliamentary Assembly lifL~ Assemblee parlementaire ==-"~ ~~i£V~W~~:~~.m.~~~~~~~~~~~~~~~~~~~~~ Resolution 2108 (2016)1 Provisional version Human rights of refugees and migrants- the situation in the Western Balkans Parliamentary Assembly 1.

In 2015, 856 000 people crossed the Aegean Sea from Turkey to the Greek islands, almost twenty times as many as arrived in 2014.
Almost as many people arrived in the first two months of2016 as in the first seven months of 2015 and there is every reason to expect that the level of arrivals will exceed last year's.

The overwhelming majority- more than 90% - continue to be nationals of refugee-producing countries, especially Syria, Afghanistan and Iraq.

Those arriving in Greece and transiting through the Western Balkans may for the most part be refugees, but they do not wish to apply for asylum in any of these countries.

2.
2.

Refugees and migrants entering the contiguous continental European Union via the Western Balkans is not a new phenomenon, and their number had begun rising significantly from as early as 2012.

In August 2015, however, unprecedented numbers of arrivals led many of these countries unilaterally to change their policies, either by attempting to block irregular entry onto their territory, or by facilitating rapid transit across it.
By September, the situation had stabilised, with a relatively safe route emerging from Greece to western Europe which, although physically demanding and no substitute for humanitarian pathways, was at least reasonably efficient.

A contagious fear of the consequences of border closures further north, however, led the Western 3.
Balkan countries to raise increasingly restrictive barriers to entry: first by introducing "nationality screening", then by introducing daily quotas on admission and, in the case of Austria, on the number of asylum applications accepted.

By the end of February 2016, the Western Balkans route was in practice closed to all but a few hundred refugees and migrants per week, although the number of arrivals in Greece showed no sign of abating.
There is now deliberate discrimination (nationality screening), deliberate denial of access to protection for arbitrary administrative reasons (daily quotas on admissions and acceptance of asylum applications) and deliberate failure to comply with binding international judicial decisions or authoritative advice not to return asylurn seekers to countries that are known to be unable to provide effective protection (returns to Serbia, "the former Yugoslav Republic of Macedonia" and Greece).

4.
4.

As a result, the humanitarian situation of the refugees and migrants in the Western Balkans has deteriorated and they are increasingly at risk of exploitation and abuse, notably by traffickers in human beings and migrant smugglers.

Since August 2015 up until very recently, there have been regular reports suggesting the use of excessive force against refugees and migrants by police and security forces of "the former Yugoslav Republic of Macedonia", Croatia or Hungary at their borders.
It is expected that within the near future, as many as 100 000 refugees and migrants will be trapped in Greece, which is well known to lack sufficient reception capacity and longer-term shelter and to have a dysfunctional asylum system; yet despite these serious deficiencies and their consequences for refugees and asylum seekers, other European Union member States have effectively failed to implement the agreement on relocation of asylum seekers from Greece and Italy.

1.
1.

Assembly debate on 20 April 2016 (15th Sitting) (see Doc.

14013, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Tineke Strik).

Text adopted by the Assembly on 20 April2016 (15th Sitting).

Resolution 2108 (2016) 5.

The Parliamentary Assembly is also concerned about the situation in Hungary.
Hungary unilaterally erecled razor-wire fences along its borders with Serbia and Croatia, thus closing itself off from the flow of refugees and migrants along the Western Balkans route towards Austria and redirecting it through Croatia and Slovenia.

Hungary also introduced very restrictive asylum legislation, lacking essential procedural safeguards.

Around half of the asylum seekers in Hungary are detained, sometimes in inadequate ·conditions.
The Assembly considers that Hungary's asylum procedures and detention policy appear to be incompatible with its obligations under the European Convention on Human Rights (ETS No.

5), European Union law and the 1951 Convention relating to the Status of Refugees, and that the anti-migrant public discourse of its government and other public authorities is incompatible with the fundamental values of the Council of Europe.
Europe has so far failed to find a proper, sustainable response to the refugee and migration crisis in the 6.

Western Balkans.

There has been an almost complete failure to implement some of the most important agreements reached in autumn 2015, notably that on relocation of refugees from Greece, and those of the Western Balkans Route Leaders' Meeting intended to ensure adequate reception capacity and longer-term shelter for refugees and migrants along the route.
Mutual trust and confidence have been undermined by unilateral actions and the exclusion of Greece from regional consultations on migration issues.

Instead, the focus has shifted to border controls and preventing refugees and migrants from leaving Turkey.

The only apparent response to all other problems is money; the idea of relocation seems almost to have been forgotten.

The Assembly recalls the fragility of political stability in the Western Balkans region.
It is absolutely 7. essential that the countries concerned are fully supported in their efforts to deal with the current refugee crisis and that all countries avoid taking unilateral action that might undermine mutual trust and the prospects for effective co-operation.

8.
8.

The Assembly believes that no response to the current situation can succeed in the longer term unless it is based on genuine solidarity and recognition of the need for collective action and equitable sharing of responsibility, with full respect for the human rights of refugees and migrants and the basic principles of international and European law.
The Assembly therefore calls on the Western Balkan countries, namely "the former Yugoslav Republic 9. of Macedonia", Serbia, Croatia and Slovenia, as well as Greece and Austria, to: ensure compliance with the principle of non-refou/ement regarding asylum seekers at the border 9.1. claiming international protection, in accordance with the standards of the European Convention on Human Rights, as interpreted by the European Court of Human Rights; refrain from implementing policies that deny access to protection on discriminatory grounds of 9.2. nationality or on arbitrary grounds of administrative convenience; ensure that police and security forces implement border control without recourse to excessive 9.3. force, respecting refugees' and migrants' fundamental right to dignity; ensure that national capacity for short-term reception and longer-term shelter is sufficient to 9.4. accommodate in appropriate conditions asylum seekers in transit or seeking protection; 9.5. take all necessary measures to ensure that national asylum systems meet the standards of the 1951 Convention relating to the Status of Refugees, the European Convention on Human Rights and European Union law, as applicable; refrain from returning asylum seekers to countries that are unable to guarantee protection in 9.6. accordance with the above standards, where applicable; from refrain impose a 9.7. disproportionate responsibility for the protection of refugees and migrants on other States more vulnerable to their arrival; implementing border control policies that would unreasonably implement in full all aspects of the agreement reached at the Western Balkans Route Leaders' 9.8.
Meeting; ensure that lasting actions in response to the refugee and migrant crisis are only taken following 9.9. consultation with all other States concerned.

2 Resolution 2108 (2016) 10.
The Assembly also calls on the European Union to: 10.1. ensure that human rights are given priority in policies to address the situation in the Western Balkans, in particular the right to seek and enjoy asylum, the prohibition on degrading treatment and on refoulement, the right to liberty and security, the right to an effective remedy and the prohibition on discrimination; 1 0.2. ensure that relevant European Union law is implemented in full by all member States, in particular the reception conditions, asylum procedures and qualification directives; 1 0.3. ensure full implementation of previous decisions and agreements, notably on relocation of refugees from Greece and on reception and longer-term shelter capacity in the Western Balkans, action against migrant smuggling and human trafficking, provision of information to refugees and migrants on applicable rules and their rights and obligations, registration of arrivals and exchange of information on flows of refugees and migrants; 10.4. provide all necessary financial and technical support to affected States, at levels sufficient to meet the challenges they face and avoiding onerous procedural requirements that may unduly delay provision of assistance in emergency situations; reform the Dublin system with a view to a more equitable sharing of responsibility, thus avoiding 1 0.5. further overburdening of member States with insufficient protection and reception capacities.
3 i_U;;-- Parliamentary Assembly ~~ Assemblee parlementaire ~~ ~~~~hhl~illm~:w.u~~~~~~~~~~~~~~~~~~mm~~ Resolution 2109 (2016)1 Provisional version The situation of refugees and migrants under the EU-Turkey Agreement of 18 March 2016 Parliamentary Assembly 1.
The Parliamentary Assembly takes note of the European Union-Turkey Agreement of 18 March 2016, adopted against the background of the unprecedented numbers of refugees and migrants arriving in western Europe via the Eastern Mediterranean and Western Balkans route in 2015, which had generated political tensions in many States and an institutional crisis in the European Union.

It recalls the fact that Turkey currently hosts over 2.7 million Syrian refugees, on whom it estimates to have spent over€7 billion.
The Assembly considers that the EU-Turkey Agreement raises several serious human rights issues 2. relating to both its substance and its implementation now and in the future, in particular the following: 2.1. the Greek asylum system lacks the capacity to ensure timely registration of asylum applications, issue of first instance decisions or determination of appeals; the new Greek Law 4375/2016 may help to address earlier shortcomings but will not ensure adequate capacity; 2.2. detention of asylum seekers in the "hotspots" on the Aegean islands may be incompatible with the requirements of the European Convention on Human Rights (ETS No.
5), due notably to procedural failures undermining the legal grounds for detention and inadequate detention conditions; children and vulnerable persons are not systematically referred from detention to appropriate 2.3. alternative facilities; 2.4. returns of Syrian refugees to Turkey as a "first country of asylum" may be contrary to European Union and/or international law, as Turkey may not ensure protection that is "sufficient", according to the position of the Office of the United Nations High Commissioner for Refugees (UNHCR), and there have been reports of onward refoulement of Syrians; 2.5. returns of asylum seekers, whether Syrians or not, to Turkey as a "safe third country" are contrary to European Union and/or international law, as Turkey does not provide them with protection in accordance with the 1951 Convention relating to the Status of Refugees, non-Syrians do not have effective access to the asylum procedure and there have been reports of onward refoulement of both Syrians and non-Syrians; remedies against decisions to return asylum seekers to Turkey do not always have automatic 2.6. suspensive effect, as required by the European Convention on Human Rights; resettlement of Syrian refugees from Turkey is made conditional on the number of returns from 2.7.
Greece and will subsequently depend on a "Voluntary Humanitarian Readmission Scheme", which is likely in practice to generate unacceptably low levels of resettlement; there have been unreasonable delays in the European Union's disbursement of financial 2.8. assistance promised to Turkey to help support Syrian refugees in Turkey, which should not depend on developments in the Aegean Sea.

1.

Assembly debate on 20 April 2016 (15th Sitting) (see Doc.
14028, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Tineke Strik).

Text adopted by the Assembly on 20 April2016 (15th Sitting).

- Resolution 2109 (2016) The Assembly also has concerns relating to certain parallel initiatives in areas closely related to the EU- 3.
Turl<ey Agree men!, in particular !he following: 3.1. the closure by "the former Yugoslav Republic of Macedonia" of its southern border, coupled with the EU-Turkey Agreement, has added to the pressure on Greece, a country already struggling with the effects of budgetary and financial austerity; 3.2. most European Union member States have effectively failed to honour their pledges to relocate refugees from Greece, despite the growing pressure that country is under; 3.3. it is premature to consider resuming transfers to Greece under the Dublin Regulation given the continuing inadequacies of its asylum system, the additional pressure of its current situation and the fact that the Committee of Ministers of the Council of Europe has not yet closed supervision of execution by Greece of the judgment of the European Court of Human Rights in the case of M.S.S.
v. Belgium and Greece.

The Assembly therefore recommends that Greece, as an implementing party of the EU-Turkey 4.
Agreement, and the European Union, insofar as it provides relevant operational assistance to the Greek authorities: 4.1. refrain from automatic detention of asylum seekers and ensure strict adherence to the requirements of national law, the European Convention on Human Rights and European Union law concerning both the grounds for and conditions of detention, with adequate provision for alternatives where detention is not justified or otherwise inappropriate, including following the expiry of time limits; systematically ensure that children and vulnerable persons are promptly excluded from 4.2. detention and referred to appropriate alternative facilities; ensure that the rights and provisions under the European Union Reception Conditions Directive 4.3. are fully respected for all refugees and migrants arriving in Greece; 4.4. refer the question of interpretation of the concept of "sufficient protection" in Article 35 of the European Union Asylum Procedures Directive to the Court of Justice of the European Union and, until such interpretation has been given, refrain from involuntary returns of Syrian refugees to Turkey under this provision; refrain from Involuntary returns of asylum seekers to Turkey in reliance on Article 38 of the 4.5.
Asylum Procedures Directive; 4.6. ensure that sufficient resources, from within the Greek administration and seconded from other European Union member States, are rapidly made available so as to allow effective access to a proper asylum procedure and rapid first instance decisions and appeal determination, in accordance with European Union law, especially for applicants in detention; revise the legislation to ensure that all appeals against decisions to return to Turkey have an 4.7. automatic suspensive effect; ensure that all migrants and asylum seekers whose applications are not accepted are treated 4.8. with dignity and in full compliance with the European Union Return Directive.
The Assembly also recommends to the European Union, its member States, and States participating in 5.
European Union resettlement schemes, as appropriate: resettlement pledges made under the 20 July 2015 European Union agreement on resettlement 5.1. should be rapidly and fully honoured, regardless of developments in the implementation of the Ell Turkey Agreement; beyond that, substantial numbers of Syrian refugees should be resettled from Turkey; family reunion of refugees should be allowed without any delay or complicated procedures, in 5.2. order to prevent family members from being forced to take an irregular route to reunification; the financial assistance promised to Turkey in November 2015 to help support Syrian refugees 5.3. should be disbursed without further delay; 5.4. commitments to relocate refugees from Greece should be rapidly fulfilled; 5.5. there should be no further consideration of resuming transfers to Greece under the Dublin Regulation until the Committee of Ministers has closed its supervision of execution by Greece of the M.S.S.
judgment.

2 Resolution 2109 (2016) 6.
Finally, the Assembly recommends that Turkey: 6.1. withdraw its geographical limitation to the 1951 Refugee Convention and recognise the status and fully respect the rights of refugees under that convention; 6.2. refrain from any onward refoulement of asylum seekers returned from Greece, ensuring access to the asylum system and to an effective remedy with suspensive effect against removal as required by the European Convention on Human Rights; ensure that all migrants and asylum seekers returned from Greece are treated in full accordance 6.3. with international standards, including on detention.
3 '.

Resolution 2110 (2016)1 Provisional version Intellectual property rights in the digital era Parliamentary Assembly 1, The Parliamentary Assembly welcomes the fact that, thanks to the Internet, authors of creative works and holders of intellectual property rights are able to offer their works globally and users can access creative works instantly - and through inexpensive fixed or mobile access devices - anywhere in the world.
The Assembly notes with concern, however, a decrease in the production and diversity of creative works as a result of geographical imbalances and shifts in their production, leading to the emergence of a few excessively dominant market players and a concentration of creative industries in a few parts of the world.

2.
2.

The Assembly is also concerned by a de facto erosion of intellectual property rights in the digital era, which has been facilitated by legislative reforms weakening intellectual property rights.

Intellectual property is an important cultural value and economic asset in Europe and an erosion of intellectual property rights would have a significant negative impact on Europeans.

The Assembly recalls that intellectual property is protected under Article 1 of the Protocol to the 3.
European Convention on Human Rights (ETS No.

9); the effective exercise of this human right may require positive measures of protection by member States against interference by others.

4.

The Assembly reaffirms that digital services do not take place in an imaginary borderless cloud, but are real services with real producers, distributors and customers, all of which are based in countries with their specific legal systems.
It is therefore necessary and legitimate for States to apply their laws to such services, including laws on intellectual property, consumer protection and taxation.

The geographical location of digital services and content, as well as their possible geo-blocking, are hence an appropriate way to prevent the circumvention or violation of national laws, because intellectual property rights have their territorial application also online.

5.
5.

The Assembly values the growth in human communication resulting from the use of Internet-based social networks and platforms with user-generated content; it recalls that users are the rightholders of their creative works uploaded on such networks and platforms, as well as of their personal data, unless they expressly waive such rights.

Users are likewise primarily responsible for respecting the intellectual property rights of others, especially if they play an active role in content dissemination.
Recalling the case law of the European Court of Human Rights, the Assembly emphasises that Internet service providers are also liable for intellectual property rights violations, if they commercially or otherwise benefit knowingly from such violations by their users.

6.

The Assembly acknowledges that open licensing of creative works can be an option for the respective copyright-holders in order to voluntarily share their work with others.
As this option is easier for financially well established individuals, institutions or companies, its potentially limiting impact on the pluralism of creative works should nevertheless be taken into account.

The Assembly also considers that, by offering technological solutions against the de facto erosion of intellectual property rights, the private sector can play an important role in avoiding stricter legislation and stricter case law by competent courts.

1.
1.

Assembly debate on 20 April 2016 (15th Sitting) (see Doc.

14009, report of the Committee on Culture, Science, Education and Media, rapporteur: Mr Axel E. Fischer).

Text adopted by tile Assembly on 20 April2016 (15th Sitting).

See also Recommendation 2089 (2016), Resolution 2110 (2016) 7.
Having regard to the current legislative initiatives within the European Union by its Commission and Parliament, and referring to lfle protection of intellectual property rights under Article 17.2 of the Charter of Fundamental Rights of the European Union, which binds all organs of the European Union, the Assembly stresses that: national transpositions and applications of European Union law must comply with the European 7.1.
Convention on Human Rights and in particular Arlicle 1 of its Protocol; 7.2. the European Patent Office, and Directive 2004148/EC on the enforcement of intellectual property rights, should be strengthened in the framework of Article 118 of the Treaty on the Functioning of the European Union, which calls for measures for the creation of European Union-wide intellectual property rights and for the setting up of centralised European Union-wide authorisation, co-ordination and supervision arrangements: 7.3. the European Convention on the Legal Protection of Services based on, or consisting of, Conditional Access (ETS No.
178), which entered into force in the European Union on 1 January 2016, should be used for strengthening the protection of intellectual property rights: 7.4. efforts to create a digital single market within the European Union should not privilege online services over offline print media, film and cinema or terrestrial audiovisual services, but avoid a distortion of competition by taking due account of the possible dominance of gatekeepers to online services and the latters' impact on the pluralism of creative work and cultural expression: Europe-wide licensing arrangements should be supported in order to facilitate the cross-border 7.5. portability of online content and services.
B.
The Assembly therefore recommends that member States: 8.1. promote public awareness, especially among Internet users, of the human right to the protection of intellectual property and the importance of this right for the cultural diversity and the economic well being of our societies: promote the electronic identification of intellectual property rights on the Internet by supporting 8.2. widely accessible technical facilities for this purpose and raising awareness among authors of creative works: adopt such legislative and other measures as may be necessary to establish as criminal 8.3. offences under domestic law the infringement of intellectual property rights: adopt dissuasive measures towards operators of Internet-based social networks and platforms 8.4. with user-generated content which benefit financially from illegal content posted on their sites: promote procedures to lodge complaints online with law-enforcement authorities as well as user 8.5. hotlines by Internet service providers to report violations of intellectual property rights on their services: devise online dispute resolution procedures for online violations of intellectual property rights, in 8.6. accordance with Assembly Resolution 2081 (2015) on access to justice and the Internet: potential and challenges: reinforce in an open and transparent manner their multilateral work on international co-operation 8.7. in the field of intellectual property rights: ensure that Article 1 of the Protocol to the European Convention on Human Rights is respected 8.8. in law and in practice when negotiating and implementing international treaties affecting intellectual property rights, including free trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP): 8.9. ensure that the protection of trade secrets, for example under Article 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), does not unduly limit the public's right to access information under Article 10 of the European Convention on Human Rights.
9.

The Assembly calls on authors of creative works, rightholders, collective rights agencies and licensing agencies, as well as on Internet service providers, including social networks and platforms with user generated content, to use technical facilities for the identification of intellectual property rights online, such as digital rights management technologies for providing necessary information to users and preventing unauthorised action on their part.
Social networks and platforms with user-generated content should empower their users in this respect by providing such identification automatically by default.

The Assembly also calls on them to adhere to the self-regulatory "Principles for User-Generated Content Services" established in 2007 against illegal user-generated content.
2 ~ Parliamentary Assembly lffl~ Assembl<~e parlementaire ~~ -- ~~fi®~u~IDA~m·~~~~~~~~~mmmm~~mm~~~~~~~ CONSEIL DE LEUROPE Resolution 2111 (2016)1 Provisional version Assessing the impact of measures to improve women's political representation Parliamentary Assembly 1.
The Parliamentary Assembly notes that, in spite of political commitments and legal obligations under international equality and non-discrimination sta.ndards, women are still vastly under-represented in politics in most Council of Europe member States.

In almost one third of them, the proportion of women among members of parliament does not reach 20%.

Such a level hinders the representative nature of elected bodies.

It is time to step up efforts.


Whenever member States review their regulations governing elections, they should adopt measures to promote the participation of women that are able to have both significant impact and sustainability in the longer term.

2.

Electoral quotas are the most effective measures to achieve significant, rapid progress, provided that they are correctly designed and consistently implemented.
Quotas should be adapted to the electoral system in force, set ambitious targets and be coupled with stringent sanctions for non-compliance.

3.

Accompanying measures are also needed to help women overcome the hurdles they face in accessing and progressing in political life.
They include training and awareness-raising activities, media time reserved for women politicians, measures to help reconcile private life and political activities and, last but not least, legislation and other measures in favour of more equal sharing of family responsibilities between women and men.

4.
4.

Political factors determining women's participation in public life certainly include the electoral system, political parties and their statutes, candidate selection criteria, positive measures such as quotas, whether legal or voluntary, regulations, and the action of non-governmental organisations (NGOs) and associations.
The most general factor is the enshrinement in the constitution of the principle of gender equality, subsequently reflected in legislation and in the action of governments and institutions.

Relevant social factors are the welfare system, parental leave schemes, the sharing of care and 5. household duties, measures to balance work and family life and pension schemes.
Among the economic factors, the gender pay gap and access to professions and careers is particularly 6. relevant, as is the financing of small businesses.

Cultural factors determine the actual possibility for women to participate both in political life and in the 7. economic and social development of a country.

Education and training are crucial, as they are a precondition for acquiring the necessary skills and for eradicating the stereotypes which still prevent the achievement of full and real parity.
These stereotypes are often related to a vision of women as part of the household context with a merely parental role.

For women who are active in politics, access to media, representation and media space allocated 8. during electoral campaigns are crucial elements, as is campaign funding.

1.

Assembly debate on 21 April 2016 (16th Sitting) (see Doc.

14011, report of the Committee on Equality and Non Discrimination, rapporteur: Ms Elena Centemero).
Text adopted by the Assembly on 21 April 2016 (16th Sitting).

Resolution 2111 (2016) 9.

These elements should not be considered separately, as they are in fact closely intertwined.

The right approach to adopt in order to achieve full gender equality in political life is a global, holistic one, encompassing quantitative and qualitative measures with a gender perspective in all areas of society.

10.
10.

Progress in the field of women's political representation has been achieved, in particular by means of reforms introducing equal constitutional rights such as the right to vote and to be elected, the right of access to public office and other fundamental rights and freedoms, such as the right to property, inheritance, marriage, citizenship, etc.

These constitutional rights are aimed at removing discrimination on grounds of gender or any other discrimination limiting equal citizenship.
Provisions on political and civil rights for women in the various constitutions are essential because they pave the way for gender equality and for equal citizenship and are the foundation for more specific action for equality.

11.

The electoral system has an impact on women's political representation.

Even if quotas are not applied, the various electoral systems will in themselves work differently when it comes to the representation of women.
Systems that are entirely or partially based on proportional representation appear to be more effective in promoting the election of female candidates than plurality/majority systems based entirely on single-member constituencies.

12.

The Assembly reiterates that political parties have a crucial role to play in improving women's political representation.
As the main stakeholders in charge of submitting electoral lists and supporting the candidates, political parties are gatekeepers to elected positions and their choices determine to a large extent the final outcome of the elections as concerns gender-balanced representation.

13.

The media are also key players in determining the visibility of candidates and the general image of women.

They should avoid perpetuating gender stereotypes which are a barrier to the access of women to political life.
They should also guarantee fair and proportionate airtime to political candidates based on gender quotas.

14.

The Assembly underlines the importance of the gender dimension in election observation missions.
The Assembly is committed to promoting this dimension with its international partner organisations in the framework of election observation missions both concerning the composition of missions, which should be gender balanced, and the observation reports which should systematically include a specific focus on women's participation in all stages of the electoral process.

In the light of these considerations, the Assembly calls on the Council of Europe member and observer 15.
States, as well as partners for democracy, to spare no effort to increase women's political representation.
Recognising the positive effect of the implementation of parity, they should, in particular: 15.1. consider introducing the principle of parity into their Constitution or into their electoral legislation; 15.2. with regard to quotas and other positive measures: 15.2.1. the nomination of candidates aimed at ensuring equal gender representation; include, if possible, in the legislation on the functioning of political parties regulations on introduce applicable sanctions for non-compliance with positive measures, such as 15.2.2. rejection of lists of candidates; ensure that independent bodies such as electoral courts or commissions supervise the implementation of quotas and other positive measures and apply sanctions; allocate adequate financial and human resources to ensure the good functioning of relevant bodies; 15.2.3. attempt to introduce electoral legislation based on strict placement mandates or duos of paired candidates of the opposite gender; 15.2.4. regularly monitor the impact of the implementation of quotas and other positive measures aimed at increasing the political representation of women and propose relevant recommendations; 15.2.5. encourage political parties to ensure transparency in procedures for the selection of candidates and enhance women's through gender-balanced candidate representation nomination boards and internal decision-making bodies at all levels; 15.2.6. encourage political parties to enhance women's participation, including through women's and men's associations, capacity-building efforts and mechanisms to support women in campaign financing; 2 Resolution 2111 (2016) 15.3.
With regard to accompanying measures: 15.3.1. encourage parliaments and other elected bodies to adopt measures to reconcile their activities with the private life of members, such as compatible session and voting times, and childcare services; 15.3.2. promote targeting politicians irrespective of their gender; encourage political parties and other organisations to provide training for women politicians; training and awareness-raising activities on gender equality 15.3.3. consider introducing incentives to increase awareness of women in politics among the media, both quantitatively and qualitatively, to ensure fair coverage of women in politics in the media; 15.3.4. ensure that part of the public funding of political parties, when applicable, is reserved for activities aimed at promoting women's participation and political representation and ensure transparency in the use of the funds; 15.4. with regard to electoral management and observation: 15.4.1. ensure that electoral commissions apply provisions on gender equality in the electoral process and involve them in the legislative process when reviewing electoral legislation; 15.4.2. strengthen co-operation with international election observation missions as regards the participation of women in the electoral process and provide them with comprehensive information and gender-disaggregated data; 15.5. with regard to research and data collection: 15.5.1. promote research and data collection on women's participation in political life at national, regional and local level; 15.5.2. promote management bodies and relevant administrations; the collection of gender-disaggregated statistical data by electoral 15.5.3. women's political participation and, when needed, propose the relevant amendments; regularly assess the impact of national legislation and policies aimed at increasing 15.5.4. collect, by means of surveys and research, data on the way in which men and women vote in order to identify, analyse and assess how men and women support candidates of their own gender; 15.6. with regard to civil society: 15.6.1. recognise the role of civil society and involve NGOs in designing, promoting and monitoring measures to increase women's political representation, particularly as concerns awareness-raising campaigns, training activities and monitoring of the implementation of measures; 15.6.2. encourage and support NGOs involved in the area of elections to monitor and report on women's participation in the electoral processes.
16.

The Assembly supports the principle of gender parity, which would represent a further step beyond positive measures and the ultimate goal in political representation.

Consistent enforcement of such a principle requires the State to go beyond positive measures and ensure equal representation of women and men in elected bodies and other institutions at all levels.
3 l.L£?-- Parliamentary Assembly mL~ Assemblee parlementaire ~-;~ ~.-..iKm:r~~·mr •• ;y,.~!lill!--•---•--••••==-••-•• Resolution 2112 (2016)1 Provisional version The humanitarian concerns with regard to people captured during the war in Ukraine Parliamentary Assembly 1.
Since the illegal annexation of Crimea by the Russian Federation and the beginning of military aggression in the Luhansk and Donetsk regions in eastern Ukraine, hundreds of Ukrainian servicemen and civilians have been reported captured or abducted.

2.

According to the Security Service of Ukraine, 3 015 captured persons have been released since April 2014, but 123 persons are still being held captive by the separatists and 693 are still reported missing.
However, these numbers do not include all the people who have been captured by the separatists in the occupied territories, as their relatives are often afraid to declare their captivity to the Ukrainian authorities.

3.

The Parliamentary Assembly is deeply concerned about the numerous reports of inhumane and degrading treatment of captured persons, who are subjected to torture, ill-treatment and sexual violence.
Moreover, there is also evidence that captured persons have been executed by the separatist forces.

4.

The Assembly is also very worried about the situation in Crimea where, since the illegal annexation of the peninsula by the Russian Federation, the defacto authorities have been using Russian legislation against extremism, separatism and terrorism to detain Crimean-Tatar and Ukrainian activists.
The Assembly condemns the recent banning of the Mejlis as an extremist organisation, which is contrary to international standards and demonstrates the systematic violation of the Crimean Tatars' rights.

5.

Furthermore, the Assembly is alarmed by reports from human rights defenders concerning 11 Ukrainian prisoners reportedly being detained by the Russian authorities in violation of international law on fabricated charges.
In addition, at least 10 Ukrainian citizens are being held in Crimea on political motivated charges.

6.

The most flagrant example is the case of a member of the Parliamentary Assembly, Ms Nadiia Savchenko, who was forcibly taken to the Russian Federation and has been illegally held in custody since June 2014 despite, inter alia, her enjoying immunity under Article 40.a of the Statute of the Council of Europe (ETS No.
1) and the General Agreement on Privileges and Immunities of the Council of Europe and its Additional Protocol (ETS Nos.

2 and 10) to which the Russian Federation is a Party.

Following an unfair trial, the Russian court sentenced Ms Savchenko to 22 years in prison accusing her of the murder of two Russian journalists.

In protest against this verdict, Ms Savchenko has started a new hunger strike.
The Assembly strongly condemns the unlawful arrest, detention and trial of Ms Savchenko in the Russian Federation and calls for her immediate release.

7.
The Assembly calls on all member States of the Council of Europe to adopt targeted sanctions (in particular travel bans and freezing of accounts) against individuals involved in the kidnapping, unlawful detention, unfair trial and conviction of Ms Savchenko, whilst respecting the principles laid down by the Assembly in its Resolution 1966 (2014) on refusing impunity for the killers of Sergei Magnitsky (in particular to allow individuals concerned to use appropriate representations in their defence), unless Ms Savchenko is 1.
Assembly debate on 21 April 2016 (17th Sitting) (see Doc.

14015 and addendum, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Nellija Kleinberga).

Text adopted by the Assembly on 21 April 2016 (17th Sitting).

See also Recommendation 2090 (2016).

Resolution 2112 (2016) released without further delay.

It welcomes, in this connection, the recent adoption, by Lithuania, of a "Savchenko list" blacklisting 46 people for their role in her trial.
Similar measures should be considered with regard to the cases of 10 other Ukrainian prisoners reportedly detained by the Russian authorities on fabricated charges.

8.

Moreover, the Assembly notes with great concern reported cases of violations of the right to liberty and the right to fair trial of those who have been detained by the Ukrainian secret services or by different Ukrainian military battalions, including voluntary battalions.
It calls on the Ukrainian authorities to investigate all such cases and to punish the perpetrators in accordance with the relevant Ukrainian legislation.

The Assembly believes that without the strong determination of all sides to stop this war, a solution to 9. the problem of people captured during the Russian military aggressions in Ukraine is not possible.
Therefore, it urges Ukraine, the Russian Federation and the separalist groups controlling the occupied territories of Donetsk and Luhansk region to: stop all military actions in the East of Ukraine, withdraw all weapons and to restore peace in this 9.1. region; 9.2. implement, without further delay, the Minsk Agreement, especially prioritising the paragraph on the release of all captured persons; their release should not be based upon the fulfilment of other Minsk Agreement points; 9.3. respect international humanitarian law and the rights and obligations of the parties in respect of prisoners of war and the protection of civilians, which are provided for in the Third and Fourth Geneva Convention of 1949 and the two Additional Protocols of 1977 (on international and non-international armed conflicts); 9.4. grant international humanitarian organisations access to all detainees, without any conditions.
10.
The Assembly further urges the authorities of the Russian Federation to: release all Ukrainian prisoners captured and imprisoned in the RussiAn Federation and in 10.1. illegally annexed Crimea on politically motivated charges, including, but not limited to, Mr Ahtem Qiygoz; 1 0.2. conduct effective investigations and prosecute perpetrators in cases of abduction, enforced disappearances, torture and politically motivated killings of Ukrainian and Crimean-Tatar activists in Crimea; 1 0.3. use its influence over the separatist groups which control the occupied territories in the Donetsk and Luhansk regions to urge them to release all Ukrainian captives; immediately provide unimpeded access to Crimea for conventional and monitoring mechanisms 10.4. of international human rights organisations; 1 0.5. immediately release Ms Savchenko, who enjoys European parliamentary immunity under the General Agreement on Privileges and Immunities of the Council of Europe, and other illegally detained Ukrainian prisoners, and allow their return to Ukraine.
The Assembly urges the separatist groups which control the occupied territories in the Donetsk and 11.
Luhansk regions to: 11.1. release all captured prisoners and hostages; 11 .2. stop all violations of human rights, in particular the abduction, torture and politically motivated killing of Ukrainian citizens; 11 .3. co-operate with the Ukrainian side in the co-ordination of lists and categories of captured persons with a view to their exchange in the framework of the Minsk Agreement "All to all"; 11.4. grant international humanitarian missions access to all places of detention of captured persons.

12.
12.

The Assembly further urges the Ukrainian authorities to: 12.1. as regards legal measures: 12.1.1.
Criminal Court to conduct effective international humanitarian law during the war in Ukraine; ratify in the shortest possible time the Rome Statute in order to allow the International into concrete cases of violations of investigations 2 Resolution 2112 (2016) 12.1.2. conduct effective investigations and prosecute of all perpetrators concerning cases of abduction and taking of captives, as well as concerning cases of extortion, bribery and corruption linked to the liberation of captured persons; 12.1.3. bring its national legislation, including the Criminal Code and the Code of Criminal Procedure into line with the provisions of international criminal law, and in particular include a status of captured person, and declare torture a serious crime; 12.1.4. modify the Law "On preventing persecution and punishment of participants of events on the territories of Donetsk and Luhansk Oblasts", ensure that persons who have committed war crimes do not receive amnesty, and ensure that amnesty is only used after a proper investigation and a fair trial; 12.1.5. elaborate a new law on psychological rehabilitation in close consultation with NGOs and international specialists working in this field, in particular taking into account the needs of victims of military actions; 12.2. as regards assistance to captured persons and their families: 12.2.1. devise a mechanism of State compensation and support to the families of captured persons and ensure that the families concerned are informed about the existence of this mechanism; 12.2.2. ensure that, after their liberation, captured persons are assisted with their return home and provided with medical, social and psychological support; 12.2.3. persons; introduce a special procedure to facilitate the restoration of documents of released 12.2.4. provide special training to psychologists and other medical staff on how to provide psychological rehabilitation which addresses the specific needs of captured persons and their families.
13.
The Assembly calls on the international community to be more involved in the process of the release of captives, in particular it calls on: 13.1. the Organization for Security and Co-operation in Europe to facilitate negotiations and the settlement of the problem of captured persons in the humanitarian working group set up under the Minsk Agreement; 13.2. the International Committee of the Red Cross to step up its efforts to obtain unrestricted access to all persons detained in relation to the war, monitor their conditions of detention and the treatment afforded to them and, in its capacity of neutral intermediary, facilitate operations of simultaneous liberation.
14.

The Assembly encourages the European Committee for the Prevention of Torture or Degrading Treatment or Punishment to establish a special monitoring mission to check the conditions of detention of Ukrainian prisoners detained for political motives in the Russian Federation as well as in Crimea and those illegally held on the territories under the control of the so-called "Donetsk People's Republic" and "Luhansk People's Republic".
The mission should also monitor the situation of those who were detained by the Ukrainian authorities on allegations of their involvement in separatist and terrorist activities during the war in Ukraine.

3 lU/- Parliamentary Assembly lffL~ Assemblee parlementaire ~~ ~ ~ rt%fQq_~;}ff£.r£il;,ai.liilf~r.ldli!l!!!!!ll!llll!Gil-!!
!lilililli-IR!RIRBI!IR-IIIII!lilliiU!Ilillillillii-Ull Resolution 2113 (2016)1 Provisional version After the Brussels attacks, urgent need to address security failures and step up counter-terrorism co-operation Parliamentary Assembly 1.

The Parliamentary Assembly is horrified by the terrorist attacks at Zaventem Airport and Maelbeek metro station in Brussels on 22 March 2016 in which 32 people were killed and over 300 were injured, 45 of whom remain in hospital with severe injuries.
These attacks have been the latest in a series of serious terrorist acts, including the ones in Paris, Ankara and Istanbul targeting the Council of Europe member States.

The Assembly deplores the loss of innocent lives and expresses sympathy and solidarity with the families of victims and all those who suffered in these inhumane attacks.

2.
2.

The Assembly reiterates its strongest condemnation of terrorism in all forms, and recalls its previous resolutions relating to terrorism, in particular Resolution 2090 (2016) "Combating international terrorism while protecting Council of Europe standards and values" and Resolution 2091 (2016) on foreign fighters in Syria and Iraq.

In this context, it notes that the barbaric terrorist entity known as "Daesh" has claimed responsibility for the Brussels bombings.

3.
3.

Terrorism feeds itself off hatred and intolerance and aims to destroy our political system and the very foundations of democratic societies.

It must be confronted with equal resolve wherever it occurs, whatever reasons are put forward to justify it, and whoever it is directed at Likewise, our solidarity shall be extended to all victims of terrorist acts, whether they occur in a major European city or elsewhere in Europe or the world.

4.
4.

The Assembly urges State leaders not only to make solemn statements after terrorist attacks, but also to learn lessons and to take resolute action.

The statements are necessary to reaffirm our values but are not enough to protect them and to guarantee security.

5.

All Council of Europe member States must urgently draw conclusions from the tragic events in Brussels and other cities of member States, which are also due to failures and shortcomings at national, European Union and international levels.
Co-ordination in the Brussels Capital Region has not proven sufficiently functional to respond to modern security needs and therefore needs to be profoundly reformed.

6.

The Assembly recalls its Resolution 2091 (2016) and expresses its concern about the continuing supply of foreign fighters from European countries.

It notes that, whereas France, Germany and the United Kingdom reportedly supply the highest numbers, Belgium, Denmark and Sweden have the highest per capita figures.
It also notes with concern that Belgium has become a hub for jihadist recruiting and that the deteriorating position of Daesh in the Middle East may lead to a surge in jihadist recruiting and terrorist activities on the European continent 7.
Due to lack of political guidance to ensure the necessary co-ordination and co-operation amongst various - and at times competing - security and law-enforcement agencies, certain areas in European towns have become "no-go zones" for the police and a breeding ground for radicalised extremists and terrorists.

1.

Assembly debate on 21 April 2016 (17th Sitting) (see Doc.

14031, report of the Committee on Political Affairs and Democracy, rapporteur: Mr Emanuelis Zingeris).
Text adopted by the Assembly on 21 April2016 (17th Sitting).

Resolution 2113 (2016) 8.

For too long, officials and politicians in Europe have turned a blind eye to the lack of integration and the growing radicalisation among young people, and have ignored or underest1rnated the scale of the terrorist threat.

We must now urgently make a realistic assessment of possible security gaps.

Our States are duty bound to protect the lives of citizens and the fundamental values of democracy.
Our societies must be ready to pay a much higher price for security with the highest possible respect for individual freedom, privacy and our democratic values.

9.

In the face of ever-growing international terrorist networks, a co-ordinated pan-European response is needed more than ever.

As terrorism is an international phenomenon, counter-terrorism efforts must go beyond European boundaries and involve the third countries ready to co-operate, in particular in neighbouring regions.

10.
In the light of the above, the Assembly calls on the relevant authorities of the Council of Europe member and observer States, as well as those wl10se parliaments enjoy partnership for democracy and observer status, and otl1er neighbouring States to ensure: 1 0.1. at national level: 1 0.1.1. the highest possible level of communication, information sharing, mandatory co ordination and co-operation between various law-enforcement agencies, special services and, where applicable, regional and municipal police, including the sharing of relevant databases; 1 0.1.2. the implementation of effective measures to prevent and combat radicalisation; in this respect, the Assembly stresses t11e importance of inclusive, civic and secular education and refers to the specific measures in this field put forward in its Resolution 2091 (2016); it also refers to the Council of Europe Action Plan on the fight against violent extremism and radicalisation leading to terrorism, which provides support to member States in the designing of appropriate measures in the public sector, in particular in schools and prisons, and on the Internet; 1 0.1.3. the integration of various "closed" communities into their local neighbourhood with a view to ensuring that there are no "no-go zones" and ghettos where common rules are inapplicable; 1 0.1.4. intelligence services to prevent and fight inflammatory rhetoric and hate speech; that appropriate means are granted to law-enforcement bodies and security and 10.1.5. forbidden; that insignia and symbols of internationally recognised terrorist organisations are 1 0.1.6. a careful study of best practice of countries with extensive counter-terrorism experience, in particular as regards the safety of public buildings and transport infrastructure, as well as cyber-security; 10.2. at international level, enhanced, efficient and timely communication, information sharing, co ordination and co-operation among the relevant law-enforcement agencies, special services and international mechanisms with a view to controlling and, if appropriate, preventing the travel of individuals suspected of belonging to terrorist networks or being involved in terrorist activity; 1 0.3. at both national and international levels, the widest possible information and experience sharing on the causes, the contributing factors, the development, the action by law-enforcement agencies in dealing with, and the post-crisis management of terrorist attacks in Europe; 1 0.4. facilitation of strengthened international co-operation with an equal level of determination against all terrorist entities in preventing and suppressing their activities and pursuing and prosecuting all terrorist groups and their members.
11.

At European Union level, the Assembly underlines the need for an ambitious European security strategy, including better exchange of information between intelligence services and a closer co-operation between police and judicial authorities.
In this respect, the Assembly: 11.1. welcomes the recent European Parliament approval of the Passenger Name Record (PNR), which it called for in Resolution 2031 (2015) on terrorist attacks in Paris: together for a democratic response, and invites all actors involved to study ways of extending the application of the PNR to countries which are not European Union members; 11.2. calls for a common European counterterrorism intelligence unit.

2 Resolution 2113 (2016) 12.
The Assembly recognises that there is currently a lack of co-operation, co-ordina~on and sharing of best practice among parliamentarians in the oversight of defence and security policy and urges parliaments of member States to consider ways and means of tackling this problem, including the possibility of re establishing an inter-parliamentary body and/or reactivating the ESDA (European Security and Defence Assembly, the former Assembly of the Western European Union (WEU)), to fill the void in this field.
13.
In addition, the Assembly refers to the proposals contained in its Resolution 2090 (2016) "Combating international terrorism while protecting Council of Europe standards and values" and Resolution 2091 (2016) on foreign fighters in Syria and Iraq, which remain of utmost relevance, and again calls on the relevant authorities of the Council of Europe member and obsenter States, as well as those whose parliaments enjoy partnership for democracy and observer status, and other neighbouring States, to implement them as a matter of priority.
3 Resolution 2114 (2016)1 Provisional version The handling of international public health emergencies Parliamentary Assembly 1.

Europe and other continents have seen significant progress in the last decades as regards health.

However, in recent years the world has suffered three international public health emergencies (H1 N1, Ebola and Zika) with a huge impact on essential human rights, including the right to life and the right to the highest attainable standard of health.
In an increasingly globalised world, diseases are more likely to spread at high speed.

2.

Today's health security threats arise from at least six sources: the emergence and spread of new microbes; the globalisation of travel and food supply; the rise of drug-resistant pathogens; the inadvertent or intentional release of pathogens; the acquisition, development and use of biological agents by terrorists; and natural disasters followed by epidemics.
These major health hazards have the capacity to threaten national and international security and stability, constrain economies and put pressure on health-care systems.

The world is woefully ill-prepared to handle international public health emergencies.

New ways of 3. working to face international health crises before they happen need to be explored urgently.
The existing worldwide health-system architecture needs to be strengthened with an empowered, well-governed and accountable World Health Organization (WHO) at its apex, and efficient, equitable and resilient national health systems at its foundation.

Political decisions must be taken in order to change health systems and effectively protect people's health.

4.
4.

All political decision makers at all levels (including the Parliamentary Assembly, the European Union and WHO) need to agree to improve international emergency preparedness, including through legislative changes.
The Parliamentary Assembly thus recommends that member States work together with these political decision makers to: 4.1. make WHO the lead institution in handling international public health emergencies, with the necessary powers and stable financing to effectively implement and monitor the International Health Regulations (I HR) and reinforce its rapid response mechanism; 4.2. ensure effective co-operation, co-ordination and follow-up between WHO, the European Union, other specialised agencies of the United Nations, the European Centre for Disease Prevention and Control (ECDC) and relevant the international non-governmental organisations (INGOs); actively participate in the World Health Assembly with a view to ensuring good governance of 4.3. WHO, as well as promoting and monitoring reform efforts, including transparency in the composition of expert panels; 4.4. build up resilient health-care systems at the national level, with strategies in place to prevent and handle major public health hazards, including early detection, accurate data collection, availability of diagnostic and treatment tools, and real-time continuous monitoring to improve output according to international recommendations; 1.
Assembly debate on 22 April 2016 (18th Sitting) (see Doc.

14012, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Ms Silvia Elo'lsa Bonet).

Text adopted by the Assembly on 22 April 2016 (18th Sitting).
Resolution 2114 (2016) 4.5. put in place a financial structure for pandemic risk management able to disburse resources of sufficient scale to priority needs, and provide adequate financial support for programmes promo!lng public health at local, regional, national and international level; promote community engagement and mobilisation as essential elements of any action plan to 4.6. deal with international public health emergencies; develop partnerships between the public and private sectors, particularly in the areas of 4.7. communication, information management systems, logistics, provision of necessary medical supplies and mobilisation of health-care workers; create and collaborate with international special health forces of rapid response, including 4.8. specialists in public health, doctors, nurses and community health workers, who should be adequately protected against risks and specifically trained, ensuring their safe evacuation if necessary; facilitate making scientific knowledge and information available on time to all stakeholders, 4.9. including an open data-sharing system for epidemiological, genomic, clinical and anthropological evidence, from academia to the front line; 4.10. promote research and development of medicines, diagnostic kits and vaccines, in a spirit of solidarity, with adequate research ready to be tested during an epidemic, with a view to fast-track authorisation procedures and ensuring that any medicines or vaccines so developed are accessible and affordable, in particular to vulnerable groups, and keeping a reasonable stock following strict security conditions; 4.11. in the case of a public health emergency created by a transmissible disease, carefully design and implement any public health control measures for disease mitigation (such as quarantining, social distancing, border controls and travel restrictions) which could impinge on individual rights and freedoms; following a public health emergency, arrange rehabilitation and psychological help in order to 4.12. avoid further discrimination of survivors or stigmatisation of disabled patients.
5.

The Assembly calls on member States to support political actions and legislative changes at world level to promote reducing, at source, risks of zoonotic potential, including food-borne diseases and severe animal diseases.

The Assembly recognises the role of the European Directorate for the Quality of Medicines and 6.

Healthcare (EDQM) of the Council of Europe as an organisation contributing to quality health care, and promoting and protecting human and animal health.
It thus invites its member States and its governing bodies to consider involving the EDQM in preventing and dealing with international public health threats and designing appropriate public health strategies, in particular in the field of medicines, vaccines and diagnostic tools, possibly with the help of a mandatory levy on sales and activities.

7.
7.

The Assembly calls on the member States to commit to the international target set by the United Nations of providing 0.7% of gross national income (GNI) as official development assistance, with a view to strengthening basic health systems and enabling the most affected and at risk countries to better withstand future public health emergencies.

2 \ Resolution 2115 (2016)1 Provisional version Forced migration: a new challenge Parliamentary Assembly 1.
According to the Office of the United Nations High Commissioner for Refugees (UNHCR), about 50 million people have been displaced worldwide in recent years, because of conflicts, persecution and violence or as a result of natural, chemical or nuclear disasters.

2.
2.

Despite having grown in intensity, these latter factors are not recognised by the international conventions governing migration and there is no international instrument designed to protect persons forced to move for reasons other than political or security-related ones.

The Parliamentary Assembly further notes that there is no agreement on the terminology used to 3. describe, or on the definition of, victims of forced migration.
Applying the term "refugee" to victims of forced migration is controversial as environmental factors are non-discriminatory and no form of "persecution" is involved in these situations.

According to the Intergovernmental Panel for Climate Change (IPCC), the movement of people could 4. be the biggest single impact of climate change in the coming years.
It also estimates that the flow of environmental migrants will reach 150 million by 2050, while the Stern Review on the Economics of Climate Change puts the figure at closer to 200 million.

The Assembly underlines that the impact of climate change and natural, chemical or nuclear disasters 5. varies depending on the vulnerability and adaptability of the populations concerned, and on the capacity of States to prevent or deal with such events.
The Assembly emphasises the need to acknowledge the vulnerability of the populations concerned and 6. to remedy any gaps in their protection status.

7.

The Assembly notes, however, that the international conventions provide for an indirect right of admission and residence if sending a person back to their country of origin would amount to inhuman treatment, thus enabling the principle of non-refoulement to apply.
Referring to existing guidelines and international standards, the Assembly notes that these texts apply 8. only in exceptional cases and for a limited time.

9.
9.

In this context, the Assembly welcomes the steps taken by Sweden and Finland to grant temporary protection in cases of environmental displacement and also the Nansen Initiative led by the Governments of Norway and Switzerland, which is intended to fill the legal gap in the protection of people displaced as a result of natural, chemical or nuclear disasters.

10.
10.

The Assembly therefore recommends that member States: 10.1. give greater priority to devising protection policies and norms for victims of natural, chemical or nuclear disasters and for the victims of the consequences of climate change; 1.

Assembly debate on 22 April 2016 (18th Sitting) (see Doc.

13983, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: M. Philippe Bies).

Text adopted by the Assembly on 22 April2016 (18th Sitting).
Resolution 2115 (2016) 1 0.2. acknowledge the vulnerability of these groups and ensure that their fundamental rights are fully observed; review the relevant international rules and expand them to include a definition for these 1 0.3. migrants; revise the 1951 Geneva Convention relating to the Status of Refugees, by means.
for example, 1 0.4. of an additional protocol; 10.5. adopt measures to prohibit any over-exploitation of natural resources and pursue solutions aimed at meeting people's fundamental needs; implement strategies for the successful integration of persons displaced for environmental 10.6. reasons, whether they are internally displaced or have been forced to emigrate to another State; 10.7. ensure full respect for their fundamental rights and take the necessary measures to resettle the populations concerned, especially in cases where their territory has disappeared as a result of natural, nuclear or chemical disasters; 10.8. prepare country/regional reports in order to gather information and assess the outlook for environmental migration.
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