Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697810485207.pdf (Malta)
L-ERBATAX-IL LEĠIŻLATURA P.L.

0598 Dokument imqiegħed fuq il-Mejda tal-Kamra tad-Deputati fis-Seduta Numru 28 tal-4 ta’ Ottobru 2022 mill-Ispeaker, l-Onor.

Anġlu Farrugia.
___________________________ Raymond Scicluna Skrivan tal-Kamra Third Part of the 2022 Ordinary Session of the Parliamentary Assembly of the Council of Europe 20 - 24 June 2022 Strasbourg Hon Naomi Cachia, MP Hon Chris Bonett, MP Hon Beppe Fenech Adami, MP Hon Romilda Baldacchino Zarb, MP Hon Cressida Galea, MP Hon Chris Said, MP ~arliamentary Assembly tt«_~semblee parlementaire ~~~ ~ -...::::--- CONSEIL DE L:'EUROPE DELEGATION TO THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE Third Part of the 2022 Ordinary Session June Session- 20 to 24 June 2022 The Assembly brings together 324 men and women from the parliaments of the Council of Europe's 47 member states.
Though it contains many voices, reflecting political opinion across the continent, its mission is to uphold the shared values of human rights, democracy and the rule of law that are the "common heritage" of the peoples of Europe.

Though its texts are not binding, the Assembly speaks on behalf of 800 million Europeans and the 47 Council of Europe governments must give a collective reply.

It is the democratic conscience of Greater Europe.


The Assembly initiates international treaties: it debates and adopts recommendations and provides guidelines for the Committee of Ministers, national governments and parliaments; elects the Secretary General, the Human Rights Commissioner and the judges to the European Court of Human Rights; it provides a democratic forum for debate and monitors elections; its committees play an important role in examining current issues.
Delegates attending the 3rd part of the 2022 Ordinary Session:- Hon.

Naomi Cachia Hon.

Chris Bonett Hon.

Beppe Fenech Adami Hon.

Romilda Baldacchino Zarb Hon.

Cressida Galea Hon.

Chris Said Head of Delegation Member with voting rights Member with voting rights Alternate Member Alternate Member Alternate Member Delegation Secretary: Ms Anna Schembri Coleiro Election of Vice-Presidents The Assembly elected Hon Naomi Cachia as Vice-President.

(Annex A).
(Annex A).

Assembly Debates The Third Part of the 2022 Ordinary Session met in the Council of Europe Building in Strasbourg from Monday 20th to Friday 24th June 2022, (Agenda and Seating Plan as in Annex B).
• • • • • • Addresses by the President of the Hellenic Republic, Katerina Sakellaropoulou, and by King Willem-Alexander of the Netherlands were among the highlights of the summer session of the Parliamentary Assembly of the Council of Europe (PACE), which takes place in Strasbourg from 20-24 June 2022.
There was a high-level panel and interactive debate on the theme of "Upholding democratic security in Europe" with the participation of Simon Coveney, Minister for Foreign Affairs and Minister for Defence of Ireland, and President of the Committee of Ministers; Pekka Haavisto, Minister for Foreign Affairs of Finland; Marija Pejcinovic Buric, Secretary General of the Council of Europe; and Sviatlana Tsikhanouskaya, leader of the Belarus opposition.
This followed a related report on "Recent challenges to security in Europe: what role for the Council of Europe?".

The Assembly also held two current affairs debates on the "Consequences of the blockade of the Black Sea" and on the "United Kingdom agreement on asylum seekers and the critical government reaction regarding the European Court of Human Rights decision".
Other topics that were debated included the humanitarian consequences of Russia's aggression against Ukraine, with a special focus on internal and external migration, and ensuring accountability for the downing of flight MH17.

There was also a joint debate on reported cases of political prisoners in the Russian Federation, and the need to restore human rights and the rule of law in the North Caucasus.
The parliamentarians also discussed the control of online communication, how to prevent and combat antisemitism in Europe, and fighting vaccine-preventable diseases through quality services and anti-vaccine myth-busting.

There was a report on the role of political parties in fostering diversity and inclusion and one on justice and security for women in peace reconciliation.

The Assembly reviewed its partnership for democracy with the Parliament of the Kyrgyz Republic.
The Honouring of membership obligations to the Council of Europe by Malta During the morning session of Thursday 22 June 2022, the Parliamentary Assembly held a debate on the The Honouring of Membership Obligations to the Council of Europe by Malta.

(See Annex C) In all there were 11 speakers, including 5 speakers on behalf of the political groups.

Hon.

Naomi Cachia, Hon.

Beppe Fenech Adami and Hon.

Chris Bonett took part during this session.

(See Annex D for the whole debate).


After the debate concluded, the assembly voted for the amendments presented and the draft resolution.

In all 10 written amendments, two oral amendments and one sub amendment were presented to the draft resolution.

Seven amendments were rejected, whilst two amendments were adopted, one amendment was superceeded and the two oral amendments and sub-amendment were also adopted.
(See Annex E for amendments) The final vote was on the draft resolution which was adopted by 79 votes in favour and 2 abstentions.

See Annex F for the Official Voting Results.

Election of Judges to the European Court of Human Rights The Committee on the Election of Judges to the European Court of Human Rights decided to postpone its decision on the election of Judges in respect of Iceland.
Report can be found attached in Annex G. Texts adopted by the Assembly (Annex H) Recommendations Recommendation 2235 (2022) Recent challenges to security in Europe: what role for the Council ofEurope?

(Doc.

15541) Recommendation 2236 (2022) Reported cases of political prisoners in the Russian Federation (Doc.
15545) Resolutions Resolution 2443 (2022) Resolution 2444 (2022) Resolution 2445 (2022) Resolution 2446 (2022) Resolution 244 7 (2022) Resolution 2448 (2022) The role of political parties in fostering diversity and inclusion: a new Charter for a non-racist society (Doc.

15535) Recent challenges to security in Europe: what role for the Council of Europe?

(Doc.

15541) The continuing need to restore human rights and the rule of law in the North Caucasus region (Doc.
15544) Reported cases of political prisoners in the Russian Federation (Doc.

15545) Preventing and combating antisemitism in Europe (Doc.

15539) Humanitarian consequences and internal and external displacement in connection with the aggression of the Russian Federation against Ukraine (Doc.
15547 and addendum) Resolution 2449 (2022) Resolution 2450 (2022) Resolution 2451 (2022) Resolution 2452 (2022) Resolution 2453 (2022) Resolution 2454 (2022) Resolution 2455 (2022) Protection and alternative care for unaccompanied and separated migrant and refugee children (Doc.

15548) Justice and security for women in peace reconciliation (Doc.

15525) The honouring of membership obligations to the Council of Europe by Malta (Doc.

15546) Ensuring accountability for the downing of flight MH17 (Doc.
15543) Review of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic (Doc.

15526) The control of online communication: a threat to media pluralism, freedom of information and human dignity (Doc.

15537) Fighting vaccine-preventable diseases through quality services and antivaccine myth-busting (Doc.
15542) Committees Besides attending the plenary, the Maltese delegates, also took part in the meetings of their respective political grouping and participated in the proceedings of the Committees of which they are full members and alternates as follows: Hon Naomi Cachia Hon Chris Bonett Hon Beppe Fenech Adami Hon Romilda Baldacchino Zarb Hon Cressida Galea member of the Committee on Legal Affairs and Human Rights~ and substitute member of the Committee on Equality and Non-Discrimination~ member of the Committee on Culture, Science, Education and Media~ and substitute member of the Committee on Political Affairs and Democracy; member of the Committee on Migration, Refugees and Displaced Persons; and substitute member of the Committee on Social Affairs, Health and Sustainable Development; member of the Committee on Social Affairs, Health and Sustainable Development and substitite member of the Committee on Culture, Science, Education and Media; member of the Committee on Equality and Non Discrimination and substitute member of the Committee on Migration, Refugees and Displaced Persons; and Hon Chris Said member of the Committee on Political Affairs and Democracy and substitute member of the Committee on Legal Affairs and Human Rights.
Agenda and synopsis of each Committee are at Annexes I & J respectively.

The Honouring of Obligations and Commitments by Member States ofthe Council of Europe (Monitoring Committee) met during this session wherein a member of the Government (Hon Naomi Cachia) and a member of the Opposition ( Hon Beppe Fenech Adami) were invited to the item where the report on Malta was discussed.
The Bureau of the Assembly, also met during this session and the agenda and synopsis of these meetings are attached to Annexes K. Official Events and Unofficial Meetings During this Part-Session, a number of side-events and unofficial meetings were held which agendas pertaining to these two events are attached as Annex L. Press Review In Annex M, are the Press Reviews of the item that "The Honouring of membership obligations to the Council of Europe by Malta" which was debated during the 3rd Part session of the Council of Europe.
Hon N aorni Cachia Head of Delegation Hon Chris Bonett Member October 2022 J ~-- ~B~ Member Hon Cressida Galea Alternate Member Alternate Annexes to Report: AnnexA AnnexB AnnexC Annex D AnnexE AnnexF AnnexG AnnexH Annex I Annex J AnnexK Annex L AnnexM PACE elects two new Vice-Presidents Agenda of the Third Part of the 2022 Ordinary Session and Dating Plan of the Herni-cycle The Honouring of membership obligations to the Council of Europe by Malta - Draft Report Speakers List and Official report of Debates Amendments presented to the Report Assembly's Voting Results Election of a Judge to the European Court of Human Rights - Iceland Texts adopted by the Assembly Agenda of Committee Meetings Synopsis of Committee Meetings Agenda and Synopsis of Committee Meetings Events - Official Public Meetings and side events Press Review PACE elects two new Vice-Presidents 20/06/2022 Session The Assembly today elected, at the opening of its Summer 2022 Session, two new Vice-Presidents: Naomi Cachia (Malta, SOC) and Edite Estrela (Portugal, SOC).
Twenty Vice-Presidents are elected annually at the beginning of an ordinary session and remain in office until the opening of the next session (but a Vice President whose delegation is renewed in the course of a session does not remain in office).

Doc.

15522 24 June 2022 Third part of the 2022 Ordinary Session (20-24 June 2022) Agenda1 1.
Adopted by the Assembly on 20 June 2022. https://pace.coe.int https://pace.coe.int Abbreviations Bur: Bureau of the Assembly Per: Standing Committee Pol: Committee on Political Affairs and Democracy Jur: Committee on Legal Affairs and Human Rights Soc: Committee on Social Affairs, Health and Sustainable Development Mig: Committee on Migration, Refugees and Displaced Persons Cult: Committee on Culture, Science, Education and Media Ega: Committee on Equality and Non-Discrimination Mon: Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Pro: Committee on Rules of Procedure, Immunities and Institutional Affairs Cdh: Committee on the Election of Judges to the European Court of Human Rights SOC: Socialists, Democrats and Greens Group EPP/CD: Group of the European People's Party EC/DA: European Conservatives Group and Democratic Alliance ALDE: Alliance of Liberals and Democrats for Europe UEL: Group of the Unified European Left NR: Members not belonging to a political group Symbols 0 Presentation, statement ¹ Deadline for tabling documents 4 % Lists (speakers, questions) Votes Meetings outside the Chamber Bureau of the Assembly Monday: 08:00-09:30 Friday: 08:30-10:00 Committees Monday: 14:00-15:00 Tuesday: 08:30-10:00 Tuesday: 14:00-15:30 Wednesday: 14:00-15:30 Thursday: 08:30-10:00 Thursday: 14:00-15:30 Political groups Monday: 09:30-11:30 Monday: 17:00-18:30 Wednesday: 08:30-10:00 2 Monday 20 June 2022 Sitting No.
17 (11:30-13:00) 1.

Opening of the part-session 1.1.

Statement by the President 1.2.

Examination of credentials 0 List of delegations: o (Doc.

15551) 1.3.

Election of Vice-Presidents of the Assembly in respect of Malta and Portugal (AS/Inf (2022) 02rev) 1.4.

Changes in the membership of committees (Commissions (2022) 06 + Add.)

1.5.

Requests for current affairs debate 1.5.1.

Consequences of the blockade of the Black Sea 1.5.2.
United Kingdom agreement on asylum seekers and the critical government reaction regarding the European Court of Human Rights decision 1.5.3.

Türkiye's aggressive behaviour and the threat of revisionism for European stability 1.6.

Adoption of the agenda 1.7.

Approval of the minutes of the Standing Committee (31 May 2022) (AS/Per (2022) PV 01) 2.

Debate 2.1.

Progress report of the Bureau and the Standing Committee 0 Presentation by: o Mr Aleksander POCIEJ (Poland, EPP/CD), Rapporteur AS/Bur (Doc.
15550, Doc.

15550 Add.

1, Doc.

15550 Add.

2) 2.2.

Observation of the presidential and early parliamentary elections in Serbia (3 April 2022) 0 Presentation by: o Mr Aleksander POCIEJ (Poland, EPP/CD), Rapporteur AS/Bur (Doc.

15534) 4 List of speakers (deadline for registration: Monday 20 June, 10:00) Sitting No.

18 (15:00-17:00) 3.

Debate 3.1.


The role of political parties in fostering diversity and inclusion: a new Charter for a non- racist society 0 Presentation by: o Mr Momodou Malcolm JALLOW (Sweden, UEL), Rapporteur AS/Ega (Doc.

15535) o Sir Tony LLOYD (United Kingdom, SOC), Rapporteur for opinion AS/Pol (Doc.

15536) 4 List of speakers (deadline for registration: Monday 20 June, 12:00) ¹ Amendments (deadline for tabling: Monday 20 June, 12:00) % Vote on a draft resolution (Doc.
15535) 3 Tuesday 21 June 2022 Sitting No.

19 (10:00-13:00) 4.

Debate 4.1.

Recent challenges to security in Europe: what role for the Council of Europe?

0 Presentation by: o Mr Bogdan KLICH (Poland, EPP/CD), Rapporteur AS/Pol (Doc.

15541) 4 List of speakers (deadline for registration: Monday 20 June, 16:00) ¹ Amendments (deadline for tabling: Monday 20 June, 16:00) 5.

Upholding democratic security in Europe2 5.1.


High Level Panel and interactive debate 4 List of speakers (deadline for registration: Monday 20 June, 16:00) Sitting No.

20 (15:30-20:00) 6.

Address (15:30-16:30) 6.1.

Communication from the Committee of Ministers 0 Presentation by: o Mr Simon COVENEY, Minister for Foreign Affairs and Minister for Defence of Ireland, Irish Presidency of the Committee of Ministers of the Council of Europe 0 Parliamentary question: o (Doc.
15552) 4 Questions (deadline for registration: Tuesday 21 June, 12:00) 7.

Question time (16:30-17:00) 7.1.

Ms Marija PEJČINOVIĆ BURIĆ, Secretary General of the Council of Europe 4 Questions (deadline for registration: Tuesday 21 June, 12:00) 8.

Debate (continued) 8.1.

Recent challenges to security in Europe: what role for the Council of Europe?

0 Presentation by: o Mr Bogdan KLICH (Poland, EPP/CD), Rapporteur AS/Pol (Doc.
15541) 4 List of speakers (deadline for registration: Monday 20 June, 16:00) ¹ Amendments (deadline for tabling: Monday 20 June, 16:00) % Votes on a draft resolution and a draft recommendation (Doc.

15541) 2.

See separate programme, AS/Inf(2022)10.

4 9.

Joint debate 9.1.

The continuing need to restore human rights and the rule of law in the North Caucasus region 0 Presentation by: o Mr Frank SCHWABE (Germany, SOC), Rapporteur AS/Jur (Doc.

15544) 9.2.
15544) 9.2.

Reported cases of political prisoners in the Russian Federation 0 Presentation by: o Ms Thórhildur Sunna ÆVARSDÓTTIR (Iceland, SOC), Rapporteur AS/Jur (Doc.

15545) 4 List of speakers (deadline for registration: Tuesday 21 June, 12:00) ¹ Amendments (deadline for tabling: Monday 20 June, 16:00) % Vote on a draft resolution (Doc.

15544) % Votes on a draft resolution and a draft recommendation (Doc.

15545) 5 Wednesday 22 June 2022 Sitting No.

21 (10:00-13:00) 10.

Debate 10.1.


Preventing and combating antisemitism in Europe 0 Presentation by: o Ms Petra BAYR (Austria, SOC), Rapporteur AS/Ega (Doc.

15539) 0 Statement by: o Ms Ute STEYER, Rabbi of the Great Synagogue of Stockholm 4 List of speakers (deadline for registration: Tuesday 21 June, 19:00) ¹ Amendments (deadline for tabling: Tuesday 21 June, 10:30) % Vote on a draft resolution (Doc.

15539) 11.

Address (12:00-13:00) 11.1.


Her Excellency Ms Katerina SAKELLAROPOULOU, President of the Hellenic Republic 4 Questions (deadline for registration: Wednesday 15 June, 12:00) Sitting No.

22 (15:30-20:00) 12.

Joint debate 12.1.

Humanitarian consequences and internal and external migration in connection with the aggression of the Russian Federation against Ukraine 0 Presentation by: o Mr Pierre-Alain FRIDEZ (Switzerland, SOC), Rapporteur AS/Mig (Doc.

15547, Doc.

15547 Add.)

12.2.


Protection and alternative care for unaccompanied and separated migrant and refugee children 0 Presentation by: o Ms Mariia MEZENTSEVA (Ukraine, EPP/CD), Rapporteur AS/Mig (Doc.

15548) o Ms Sibel ARSLAN (Switzerland, SOC), Rapporteur for opinion AS/Soc (Doc.

15554) 12.3.

Justice and security for women in peace reconciliation 0 Presentation by: o Ms Yevheniia KRAVCHUK (Ukraine, ALDE), Rapporteur AS/Ega (Doc.
15525) o Ms Boriana ÅBERG (Sweden, EPP/CD), Rapporteur for opinion AS/Pol (Doc.

15538) 4 List of speakers (deadline for registration: Wednesday 22 June, 12:00) ¹ Amendments (deadline for tabling: Tuesday 21 June, 16:00) % Vote on a draft resolution (Doc.

15547) % Vote on a draft resolution (Doc.

15548) % Vote on a draft resolution (Doc.

15525) 6 Thursday 23 June 2022 Sitting No.

23 (10:00-13:00) 13.

Debate 13.1.


The honouring of membership obligations to the Council of Europe by Malta 0 Presentation by: o Mr Bernard FOURNIER (France, EPP/CD), Co-Rapporteur AS/Mon (Doc.

15546) o Mr George LOUCAIDES (Cyprus, UEL), Co-Rapporteur AS/Mon (Doc.

15546) 4 List of speakers (deadline for registration: Wednesday 22 June, 19:00) ¹ Amendments (deadline for tabling: Wednesday 22 June, 10:30) % Vote on a draft resolution (Doc.

15546) 14.

Debate 14.1.


Ensuring accountability for the downing of flight MH17 0 Presentation by: o Mr Titus CORLĂŢEAN (Romania, SOC), Rapporteur AS/Jur (Doc.

15543) 4 List of speakers (deadline for registration: Wednesday 22 June, 19:00) ¹ Amendments (deadline for tabling: Wednesday 22 June, 10:30) % Vote on a draft resolution (Doc.

15543) 15.

Address (12:30-13:00) 15.1.

His Majesty King Willem-Alexander of the Netherlands Sitting No.

24 (15:30-20:00) 16.

Current affairs debate 16.1.


United Kingdom agreement on asylum seekers and the critical government reaction regarding the European Court of Human Rights decision 4 List of speakers (deadline for registration: Thursday 23 June, 12:00) 17.

Current affairs debate 17.1.

Consequences of the blockade of the Black Sea 4 List of speakers (deadline for registration: Thursday 23 June, 12:00) 18.
Debate 18.1. Review of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic 0 Presentation by: o Mr Jacques MAIRE (France, ALDE), Rapporteur AS/Pol (Doc.

15526) o Mr Serhii KALCHENKO (Ukraine, EC/DA), Rapporteur for opinion AS/Jur (Doc.

15553) 4 List of speakers (deadline for registration: Thursday 23 June, 12:00) ¹ Amendments (deadline for tabling: Wednesday 22 June, 16:00) % Vote on a draft resolution (Doc.

15526) 7 19.

Debate 19.1.


The control of online communication: a threat to media pluralism, freedom of information and human dignity 0 Presentation by: o Mr Frédéric REISS (France, EPP/CD), Rapporteur AS/Cult (Doc.

15537) 4 List of speakers (deadline for registration: Thursday 23 June, 12:00) ¹ Amendments (deadline for tabling: Wednesday 22 June, 16:00) % Vote on a draft resolution (Doc.

15537) 8 Friday 24 June 2022 Sitting No.

25 (10:00-13:00) 20.

Debate 20.1.


Fighting vaccine-preventable diseases through quality services and anti-vaccine myth- busting 0 Presentation by: o Ms Carmen LEYTE (Spain, EPP/CD), Rapporteur AS/Soc (Doc.

15542) 4 List of speakers (deadline for registration: Thursday 23 June, 19:00) ¹ Amendments (deadline for tabling: Thursday 23 June, 10:30) % Vote on a draft resolution (Doc.

15542) 21.

Free debate 4 List of speakers (deadline for registration: Thursday 23 June, 19:00) 22.

Progress report 22.1.


Progress report of the Bureau and the Standing Committee (continued) 0 Addendum: o (Doc.

15550 Add.

3) 23.

Closure of the part-session 9 ABERG .

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15546 03 June 2022 The honouring of membership obligations to the Council of Europe by Malta Report1 Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Co-rapporteurs: Mr George LOUCAIDES, Cyprus, Group of the Unified European Left, and Mr Bernard FOURNIER, France, Group of the European People's Party Summary The Monitoring Committee takes stock of the honouring of membership obligations by Malta and the functioning of its democratic and rule of law institutions.
The Maltese society has been rocked in recent years by a number of crises, most notably the assassination of Daphne Caruana Galizia, that laid bare a number of serious shortcomings and deficiencies with regard to Malta’s system of institutional checks and balances and functioning of its rule of law institutions.
The Maltese authorities and political forces have initiated a number of very important reforms that have addressed a number of the shortcomings that were encountered, and which are clearly a step forward.
However, in the view of the committee, these reforms only partially address the deficiencies, and a comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed including a far-reaching reform of its parliament with a view of establishing a full-time parliament.

It therefore welcomes the initiatives taken into that direction including the establishment of a Constitutional Assembly by the President of Malta.
The report also looks at the vulnerability of Malta’s political and democratic institutions to conflicts of interest and corruption and makes a number of recommendations in this respect.

Lastly the report looks at the human rights situation in Malta, including with respect to equality between women and men and the treatment of irregular migrants and asylum seekers.
In that respect the report calls for more and more consistent solidarity of other European States with Malta’s difficult position as a Mediterranean frontline State with regard to irregular migrants and asylum seekers.

1.

Reference to committee: Assembly decision, Reference 4447 of 12 April 2019. https://pace.coe.int https://pace.coe.int Doc.

15546 Report Contents Page A.


Draft resolution ........................................................................................................................................ 3 B. Explanatory memorandum by Mr Georges Loucaides and Mr Bernard Fournier, co-rapporteurs ............6 1.

Introduction ......................................................................................................................................... 6 2.
Democratic Institutions ........................................................................................................................7 2.1.

Parliament ...................................................................................................................................7 2.2.

President .....................................................................................................................................8 2.3.
Government ................................................................................................................................ 9 2.4.

Ombudsperson ..........................................................................................................................11 2.5.

Constitutional Convention ......................................................................................................... 11 3.
Rule of law ........................................................................................................................................ 12 3.1.

Reform of the Judiciary ............................................................................................................. 12 3.2.

Fight against corruption .............................................................................................................13 4.
Human rights .....................................................................................................................................15 4.1.

Freedom of the media ...............................................................................................................15 4.2.

Women’s rights ......................................................................................................................... 16 4.3.
Migrants and Refugees ............................................................................................................. 17 4.4.

Other human rights issues ........................................................................................................ 18 5.

Conclusions ...................................................................................................................................... 18 2 Doc.

15546 Report A.
15546 Report A.

Draft resolution2 Malta became the 18th member State of the Council of Europe in 1965.

Recently it has been in the 1. focus of attention of the international community, including the Parliamentary Assembly as a result of the assassination of anti-corruption journalist Daphne Caruana Galizia, and the authority’s response to it.
The Assembly reiterates its position taken in Resolution 2293 (2019) “Daphne Caruana Galizia’s assassination and the rule of law in Malta and beyond: ensuring that the whole truth emerges”.

It welcomes the establishment, on its recommendation, of an independent public inquiry commission.

It notes with concern the findings by this commission of malfunctioning democratic institutions in the country, and in particular its conclusion that there is a culture of impunity and institutional omerta in Malta.
The Assembly calls upon the Maltese authorities to fully address the concerns and recommendations expressed in the report by the independent public inquiry commission.

2.
2.

The Assembly’s report on Daphne Caruana Galizia’s assassination, as well as the opinion of the European Commission for Democracy through Law (Venice Commission) on the constitutional arrangements for the separation of powers and independence of the judiciary, laid bare a systemic malfunctioning of democratic and rule of law institutions, and were a watershed moment for the country.
The Assembly therefore very much welcomes the reforms initiated by the authorities to address the shortcomings and recommendations made in these texts, especially with regard to the independence of the judiciary and appointment procedures for official positions.

While these reforms constitute marked progress, they only partially address the concerns and shortcomings that were noted.
In the view of the Assembly, a comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed.

This all the more important in the context of the deeply rooted political and social polarisation in Malta, which permeates nearly all aspects of the Maltese society and endangers the functioning of its democratic institutions.

3.
3.

The Assembly therefore welcomes the establishment, by the President of Malta, of a Constitutional Convention to formulate a reform of Malta’s constitutional framework, which will help assure that these reforms have wide support and acceptance in the Maltese society.

The Assembly encourages the authorities to ensure a broad and comprehensive consultation process, and to provide the Constitutional Convention with a clear mandate and strict timeframe to complete its work.
Malta’s Parliament consists of part-time members of parliament.

This undermines its capacity for 4. legislative initiative as well as its capacity to provide proper parliamentary oversight over the executive.

In addition, the need for members of parliament to have secondary employment increases the vulnerability of the parliament to corruption and conflicts of interest.
The Assembly therefore recommends a far-reaching reform of the Maltese Parliament with the aim of establishing a full-time parliament that can provide proper parliamentary oversight and regain legislative initiative.

In addition, the Assembly calls upon the Maltese Parliament to: considerably limit and circumscribe the possibility for, and types of, secondary employment by 4.1. members of parliament; define and delimit by law the list of allowed secondary functions, including in Officially Appointed 4.2.
Bodies, for members of parliament; abolish the constitutional requirement that stipulates that ministers must be members of 4.3. parliament; introduce public financing for political parties with a view to reduce their dependency on private 4.4. donations which have an inherent risk for conflicts of interest and corruption.

5.

The Assembly welcomes the reforms that have been implemented with regard to the appointment process of judges and magistrates.
These reforms have strengthened the system of checks and balances over this appointment process and reduced its vulnerability to politicisation.

This is a step forward with regard to strengthening the judiciary.

In this respect it particularly welcomes the strengthening of the role of the President in the appointment process while reducing the extensive and discretionary powers of the Prime Minister.
Given the increased powers of the President, his or her direct election by the Maltese citizens should be explored.

2.

Draft resolution adopted unanimously by the committee on 24 May 2022.

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15546 Report 6.


The reform of the judicial appointment process, and the reform of the prosecution service, separating the function of State advocate from that of the Attorney General and removing the Attorney General from the Commission for the Administration of Justice are important steps to strengthen the independence and impartiality of the judiciary.
Another welcome development in that respect has been moving the responsibility for prosecuting most crimes from the police to the Attorney General.

At the same time, the Assembly encourages the authorities to implement further reforms as recommended by the Venice Commission and the Independent Public Inquiry Commission.

It reiterates that strengthening parliamentary oversight over the executive is essential in this respect.
In addition, the Assembly recommends that the parliament adopts the required legislation that ensures that acts that have been declared unconstitutional by the Constitutional Court immediately lose their legal force.

7.

Despite welcome reforms, the Prime Minister maintains considerable control over the civil service, which undermines the latter’s independence from political forces.
A key concern in this respect is the excessively high number of political appointees, also known as persons of trust, in Malta’s civil service, which are appointed bypassing the legal civil service appointments procedures.

The high number of political appointees, and lack of legal regulations governing these positions, increases the vulnerability of Malta’s civil service to conflicts of interest and cronyism.
Recent reforms have not sufficiently addressed this issue and the Assembly therefore urges the authorities to implement additional reforms with a view to legally limiting the appointment of persons of trust to a small number of clearly defined and regulated positions.

8.

The Assembly welcomes the recent reforms that have strengthened the position and independence of the Ombudsperson, who performs an important institutional oversight function over the authorities.
However, it regrets the lack of enforcement of the right of information of the Ombudsperson, and the limited follow up given by the parliament and executive to its reports, which weaken the efficient functioning of this important institution.

9.

A key concern for the Assembly is the continuing vulnerability of Malta’s public sector to corruption.
Despite the high perception of corruption there has been little visible response and a coherent overall strategy to prevent corruption in public institutions is lacking.

This has created a culture of impunity.

Overcoming this culture of impunity and institutional omerta is one of the key challenges facing the Maltese society and its democratic institutions and should be addressed as a matter of utmost priority.
In this respect, the Assembly: regrets the structural weaknesses that have limited the results and effectiveness of the 9.1.

Permanent Commission Against Corruption; 9.2. welcomes the establishment of the Commissioner for Standards in Public Life and the effective functioning of his Office.
The Assembly recommends the authorities to strengthen the powers and the resources given to the Commissioner for Standards in Public Life and to consider the further streamlining of anti-corruption institutions to avoid overlap and interference between them; 9.3. recommends that the authorities further strengthen the Whistle-blowers Act to ensure that whistle-blowers that divulge their knowledge to the media are sufficiently protected, and to change the requirement that external whistle-blowers have to report to the Cabinet of Ministers Office to be granted immunity from prosecution, which can act as a barrier for civil servants to come forward and report fraud and corruption; deplores the structural lack of implementation and enforcement of the Freedom of Information 9.4.
Act that renders this law ineffective.

This needs to be addressed as a matter of urgency.

In this respect, it is important to underscore that a culture of transparency and openness cannot be achieved by legislation alone but also needs commensurate change of behaviour and attitude; is concerned about the vulnerability to corruption and money laundering of Malta’s “citizenship 9.5. by investment programme” and calls on Malta to abolish this programme.

10.
10.

The Assembly is deeply concerned about the polarised media environment and the challenges faced by the media, including direct threats to journalists, that negatively affect press freedom in Malta.

It therefore welcomes the recent establishment of a Committee of Experts on Media with a view to strengthening media freedom in Malta.
The abuse of anti-defamation legislation and Strategic Lawsuits Against Public Participation (SLAPPs) to silence journalists, is an issue of increasing concern that needs to be addressed as a matter of urgency.

11.

The Assembly is concerned that, despite considerable progress, gender inequality and stereotypes remain deeply rooted in the Maltese society.

Despite improvements in the legislation, representation of women in politics and government is still low.
The Assembly therefore welcomes the new Equality Law that is before the parliament and encourages the parliament to adopt it without delay.

The Assembly notes that Malta 4 Doc.

15546 Report is one of the very few Council of Europe member States to prohibit abortion entirely, including in cases of rape or danger to the life of the mother.

Reproductive rights and health are a key aspect of women rights that need to be improved in Malta as a matter of priority.

12.
12.

The Assembly recognises that Malta is a Mediterranean frontline State with regard to irregular migrants and asylum seekers, whose numbers are very high in comparison to Malta’s small population.

The Assembly calls upon other European States to show commensurate solidarity with Malta in this respect.
At the same time, it urges the Maltese authorities to ensure that its responsibilities and human rights obligations with regard to irregular migrants and asylum seekers are fully honoured, and to step up efforts in this regard.

13.

Malta faces important challenges to the functioning of its democratic and rule of law institutions, which, if left unaddressed, could affect the level of democratic consolidation in the country.
The Assembly welcomes the efforts of the Maltese authorities in this respect, but further reforms, in particular with regard to its institutional checks and balances and the fight against corruption are still needed.

It invites its Monitoring Committee to continue following the developments in the country and report back to the Assembly if the developments so warrant.

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15546 Report B. Explanatory memorandum by Mr Georges Loucaides and Mr Bernard Fournier, co-rapporteurs 1.

Introduction 1.
Introduction 1.

Under its terms of reference as defined in Resolution 1115 (1997) (as modified), the Monitoring Committee is seized to carry out a regular periodic review of the compliance of the obligations entered into upon their accession to the Council of Europe by member States that are not already under a full monitoring procedure or engaged in a post-monitoring dialogue.
Since the adoption of Resolution 2261 (2019), these periodic review reports are submitted for debate as separate reports accompanied by specific resolutions for each country.

The order and frequency of the countries selected for periodic review are decided upon by the Monitoring Committee in accordance with its internal working methods based on substantive grounds, with the objective of producing, over time, periodic review reports on all member States.

2.
2.

On 6 March 2019, the Monitoring Committee selected four countries: France, Hungary, Malta, and Romania for periodic review.

Following the Bureau’s decision to revise the list of countries, which was opposed by the Monitoring Committee, the Committee on Rules of Procedure, Immunities and Institutional Affairs was asked for an opinion on the interpretation of the relevant rules.
Pending clarification, the Monitoring Committee decided, on 16 May 2019, to suspend the preparation of the other periodic review reports, including on the one on Malta.

The opinion of the Committee on Rules of Procedure was adopted in January 2020.

On 16 January 2020 the Monitoring Committee decided to resume the preparation of the periodic review reports.

Regrettably, the preparation of the report was further delayed by the outbreak of the global Covid-19 pandemic.
In particular, pandemic conditions delayed the organisation of a fact-finding visit to the country, which is an essential part of the preparation process of any monitoring report.

3.

On 22 June 2020, Mr Bernard Fournier (France, EPP/CD) and Ms Rósa Björk Brynjólfsdóttir (Iceland, UEL) were appointed rapporteurs.

On 15 April 2021, Mr George Loucaides (Cyprus, UEL) was appointed rapporteur in place of Ms Brynjólfsdóttir, who had left the Assembly.
As soon as the pandemic conditions allowed, a fact-finding visit was organised to Malta, which took place from 25 to 27 October 2021.

We wish to express our gratitude to the Maltese Parliament for the assistance provided with the organisation of this visit.

4.

Malta joined the Council of Europe on 29 April 1965, when it became its 18th member State.
Recently, Malta has received a considerable amount of attention from the Parliamentary Assembly following the assassination of anti-corruption journalist Daphne Caruana Galizia on 16 October 2017, which was widely condemned by the international community.
In the Assembly it cumulated into the adoption, on 26 June 2019, of Resolution 2293 (2019) “Daphne Caruana Galizia’s assassination and the rule of law in Malta and beyond: ensuring that the whole truth emerges” based on a report prepared by Mr Pieter Omtzigt (Netherlands, EPP/CD) for the Committee on Legal Affairs and Human Rights.3 5.
In the course of the preparation of his report on the murder of Daphne Caruana Galizia, and the authorities’ response to it, Mr Omtzigt outlined a series of serious shortcomings with regard to the functioning of Malta’s democratic institutions.
These findings with regard to the malfunctioning institutional framework in Malta were confirmed, and further elaborated, by the findings in the opinion of the European Commission for Democracy through Law (Venice Commission) on “Constitutional arrangements and separation of powers and the independence of the judiciary and law enforcement [in Malta]”4 which had been requested by the Committee on Legal Affairs and Human Rights.5 In this opinion, the Venice Commission concluded that the shortcomings encountered undermined the proper functioning of the system of checks and balances in the country as well as the independence of the judiciary from the executive.
6.

The report of Mr Omtzigt and the subsequent Venice Commission opinion that laid bare a series of systemic shortcoming with regard to the democratic and rule of law institutions in Malta, were described by most of our interlocutors, including from the ruling majority and opposition, as a watershed moment for the country.
A number of reforms with regard to the constitutional system of checks and balances, as well as with regard to the judiciary, were subsequently initiated by the authorities, in close consultation with the Venice Commission, to address these shortcomings.

The assessment and recommendations with regard to these reforms will constitute an important part of this report, which will also look at the fight against corruption, the 3.

Doc.

14906.

4.

CDL-AD(2018)028.

5.


Following the request of the Committee on Legal Affairs and Human Rights, the Maltese authorities, on 13 October 2018, also requested an opinion on “Malta’s legal and institutional structures of law enforcement, investigation and prosecution in the light of the need to secure proper checks and balances, and the independence and neutrality of those institutions and their staff whilst also securing their effectiveness and democratic accountability”.
6 media environment and relevant human rights issues.

While this report builds on several issues mentioned in Mr Omtzigt’s report, it is important to underscore from the outset that the investigation into Ms Daphne Caruana Galizia’s assassination and the government’s response to it, is not within the remit of this report.
Nevertheless, we strongly encourage the authorities, and indeed all political forces in Malta, to fully address and implement the findings and recommendations made by the independent public enquiry commission in their report on the assassination of Ms Caruana Galizia, and the authority’s response to it.

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15546 Report 2.

Democratic Institutions 7.


As mentioned, the findings and conclusions of the Venice Commission opinion constituted a watershed moment that led to the initiation of a series of reforms of the constitutional and institutional framework in Malta.
In the framework of the preparation and implementation of these reforms two additional Venice Commission opinions were requested by the authorities, one on “proposed legislative changes to address the Venice Commission recommendations”6 and a second one on “ten acts and bills implementing legislative proposals subject of opinion CDL-AD(2020)006”.7 In the following sections we will outline the state of play regarding the functioning of the main democratic institutions in Malta.

8.
8.

The establishment of a clearly defined and properly functioning constitutional set of checks and balances is all the more important in the context of the deeply rooted political and social polarisation in Malta, which permeates nearly all aspects of the Maltese society and endangers the functioning of its democratic institutions.

2.1.

Parliament Malta is a parliamentary republic with a unicameral parliament.
Its parliament of 79 seats8 is elected on 9. the basis of a proportional system via a single transferable vote.

Possibly also as a result of historical reasons, the political landscape is a de facto two-party system between the ruling Labour party and the Nationalist Party, which is currently in the opposition.

The current ruling party, the Labour party, has been in power since 2013.

10.
10.

In Malta, the position of an MP is a part-time position and MPs generally need secondary jobs to cover their living costs.

This limits the time MPs have available for legislative work and control of the government.

As a result, as noted by the Venice Commission, the parliament is a rather weak institution and struggles to provide proper parliamentary oversight over the executive, especially in the current increasingly complex and interlinked society.
This is further compounded by the fact that the Constitution requires that Malta’s Ministers (currently 26 in number)9 are also MPs.

In addition, in order to complement their parliamentary salary, many MPs hold office in “Officially Appointed Bodies”, for which appointment they depend on the Prime Minister.

Given the small size of the Maltese Parliament it means that more than a quarter of the MPs have offices in, and are financially dependent on, the same government bodies they are supposed to control.
This weakens parliamentary oversight and increases the possibilities for conflicts of interests.

11.

Parliamentary oversight is further weakened by the fact that the part-time function of MP also reduces the time they have available to prepare debates and draft legislation.

During our visit we were informed that as a result, most, if not all, draft legislation is prepared by the government, weakening the legislative function of the parliament.
We also note that a part-time parliament needs a considerable number of parliamentary support staff to conduct research and prepare debates and draft legislation, which is not available at this moment.

The Venice Commission therefore recommended an increase in the parliamentary staff to assist the MPs in their work, as well as the establishment of a “Council of State” to advise the government and parliament on governance and legislation, a role currently fulfilled by the State Advocate.
In the view of the Venice Commission, the establishment of such a council would help increasing the quantity and quality of independent information available to MPs to execute their tasks.10 12.

As mentioned in relation to the appointment of MPs in Officially Appointed Bodies, the fact that the position of MP is part-time in Malta makes the parliament, and indeed the Maltese system of governance as such, vulnerable for conflicts of interest and corruption.
The fact that most MPs will have to work in gainful employment next to their job as parliamentarians, in a small society like Malta, considerably increases the 6.

CDL-AD(2020)006.

7.

CDL-AD(2020)019.

8.

9.

10.

As from the 2022 parliamentary elections, an increase of 12 seats in comparison with the previous parliament.

This means that 26 of the current 37 ruling Labour Party MPs are also Ministers!

Idem paragraphs 89 -91.

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15546 Report chances for conflicts of interest and weakens parliamentary oversight even if the MP is not holding office in one of the “Officially Appointed Bodies”.

A number of recent cases11 have unfortunately shown that the vulnerability for conflicts of interest and corrupt practices is unfortunately not a strictly hypothetical question.

13.

Regrettably, the recent reforms implemented by the Maltese authorities did not cover the Maltese Parliament and its functioning.
In our view far-reaching reforms, with the aim of establishing a full-time parliament, are essential to ensure the proper functioning of the democratic institutions and system of governance in Malta.

This would allow the parliament to ensure proper parliamentary oversight over the executive and allow it to regain its legislative initiative.
In addition, the move to full-time and properly remunerated MPs would allow the parliament to considerably limit and circumscribe the possibility for MPs to hold secondary employment, as they are no longer financially dependent on it.

14.
14.

During our visit to Valletta, we noted that, while underscoring the need to take the particularities resulting from Malta’s relatively small society into account, there is widespread support among both ruling majority and opposition for the establishment of a full-time parliament.

We have called upon all political parties to start the debate on the reform of the parliament without delay, utilising the current reform momentum.
We were informed that the authorities intend to initiate the debate on this issue after the parliamentary elections which is to be welcomed.

15.

While supporting the establishment of a full-time parliament, a number of interlocutors expressed some hesitation with regard to across the board interdiction of secondary employment for MPs, which in their view, could result in suitable candidates reconsidering to run for parliament.
We have some understanding for this and note that in several other parliaments in the Council of Europe geographical space MPs can hold certain secondary functions.

However, the list of allowed secondary functions – including in so-called “Officially Appointed Bodies”, should be clearly defined and delimited by law, in order to avoid any conflicts of interest or vulnerability to corrupt practices.
Such a list should already be established now, and not wait until the establishment of a full-time parliament.12 The establishment of a full-time parliament could also allow a debate on reconsidering the constitutional 16. requirement that ministers obligatorily are members of parliament.

Abolishing this, could both strengthen parliamentary oversight and increase the pool of suitable candidates for ministerial functions in Malta.
The Council of Europe, and in particular the Venice Commission and the Parliamentary Assembly could 17. play an important role in the above-mentioned reform of the parliament by providing advice and examples of best parliamentary practice in Europe.

18.

Malta has a comprehensive legal framework on the financing of political parties.

However, many interlocutors, including from both the ruling majority and opposition, mentioned party financing as an issue of concern.
Currently there is no system of State funding for political parties which makes them dependent on private donations, especially from businesses and other economic interest.

It is clear that such a dependence increases the possibilities for conflicts of interest and corruption.
We urge the political forces to introduce public funding of political parties combined by a comprehensive set of regulations for party and campaign financing, in line with the recommendations of the Group of States against Corruption (GRECO).

2.2.

President 19.

The President of Malta is elected for a five-year term by the Maltese Parliament and has a largely ceremonial role.

Until the recent reforms, the President was elected by simple majority.
Similarly, until recently, the President could be removed by the parliament by simple majority, allowing, in effect, the appointment and removal of the President by the ruling majority.

This lessened the possibility of the President to act as an independent counterweight against the executive power.

The Venice Commission had therefore recommended that the President be appointed, and removed, with a qualified majority to diminish the dependency on the ruling majority.
In response, in February 2020, constitutional amendments were adopted that stipulate that a qualified 2/3 majority in parliament is needed for the appointment or removal of the President.

In case no 2/3 majority can be found to appoint a President, the outgoing President shall remain in 11.

Times of Malta [3 October 2021].

Malta Today [19 January 2022].

12.


While we realise that it is more difficult to limit the types of secondary employment for MPs in a part-time parliament, the current situation is unsatisfactory and has led to a number of – some of our interlocutors would argue numerous – conflicts of interest.

We therefore strongly recommend that even before a full-time parliament is stabilised, clearer and more stringent regulations regarding secondary employment for MPs are adopted and strictly enforced.

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15546 Report office until such a majority can be found.

The Venice Commission has recommended that anti-deadlock mechanism for the appointment of a president that is acceptable for all sides be found.13 Nevertheless, the change has been a welcome strengthening of the appointment and dismissal procedure of the President.

20.
20.

Given the strengthening of the Presidential powers with regard to judicial appointments (see below), a number of interlocutors suggested that Malta should be moving towards a directly elected President.

This would also strengthen the constitutional role of the President as an independent arbiter and additional check on the powers of the government.

For all those reasons we would indeed recommend a change towards a directly elected President.
However, we wish to underscore however that both direct and indirect election of a President are in principle in line with European standards.

The powers of the President are limited.


However, his role in judicial appointments has considerably 21. been strengthened, at the cost of those of the Prime Minister, in order to address the concerns of the Venice Commission expressed in its opinion on the “Constitutional arrangements and separation of powers and the independence of the judiciary and law enforcement [in Malta]”.
Until the adoption, on 29 July 2020, of six acts by the Maltese Parliament to address Venice Commission recommendations, the President appointed judges and magistrates “acting in accordance with the advice of the Prime Minister”.

This meant in effect that the President appointed the candidate proposed by the Prime Minster.

In addition, until 2016, the Prime Minister was completely free in his recommendations.
The first 22. reforms to limit the powers of the Prime Minister in this regard were adopted in 2016.

Following these reforms, all judge candidates, with the exception of the Chief Justice, were recommended to the Prime Minster by the Justice Appointments Committee (JAC), which is a sub-committee of the Commission for the Administration of Justice (the national council of the judiciary).
The JAC was composed of the Chief Justice, the Ombudsperson, the Attorney General, the Auditor General and the President of the Chamber of Advocates.

However, judicial vacancies were not published and instead the JAC created a rolling register of vetted candidates from among lawyers that have expressed interest to become a judge.14 The JAC was not allowed to rank the candidates and the Prime Minister was free to select anyone he preferred from this list of vetted candidates when a vacancy arose.

23.
23.

In a welcome development, since the adoption of the reform of the appointment system in 2020, the JAC is now composed of the Chief Justice, the Auditor General, the Ombudsperson, the President of the Chamber of Advocates, as well as 2 judges and one magistrate elected by their peers.

As a result, judges have a majority in the appointments commission, in line with European standards, which is a positive step forward.
Moreover, in addition to the exiting public rolling call for judge candidates, individual vacancies will now be published.

The JAC now selects a list of three candidates that will be directly, without involvement of the PM, sent to the President who can freely select from this list based on the merits of the candidates.

The list of the three candidates will be published by the President, but only after the appointment of the judge.
The Venice Commission had recommended the list would be published before the appointment was made but the authorities argued that this, in a small society like Malta, could lead to lobbying and speculation.
The reformed appointment structure has given a considerable new power to the otherwise ceremonial function of the President while reducing the extensive and discretionary powers of the Prime Minister, and has strengthened the independence of the judiciary, in line with Venice Commission – and GRECO – recommendations.

24.

The reforms also changed the appointment procedure for the Chief Justice, which is a key judicial function in the Maltese judiciary.
In order to depoliticise the appointment procedure for the Chief Justice, which was recommended by the Venice Commission, the Chief Justice is now appointed by the President in accordance with a resolution of the parliament, adopted with a 2/3 majority.

However, while this ensures broad political support for the Chief Justice nomination, an anti-deadlock mechanism is missing.
The Venice Commission has proposed appointing the Chief Justice on the basis of an election by the Supreme Court judges, in the event of a deadlock in the parliament.

2.3.

Government 25.


According to the Maltese Constitution, while executive power is formally vested in the President, the Cabinet and Prime Minister decide on the general direction and control of the Government of Malta.15 As noted by the Venice Commission’s opinion,16 the Prime Minister is at the centre of the political power of Malta and has far-reaching and wide political powers.

13.

CDL-AD(2020)019, paragraph 44.

14.


The criteria for appointments to be ascertained by the JAC are of a technical nature such as, inter alia, citizenship, minimum experience of 7 or 12 years of legal practice for appointment as a magistrate or judge, as well as control of assets, business involvement and other activities of the candidate.

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15546 Report 26.
Until the adoption of the reforms in 2020 the Prime Minister, inter alia: – – – – – appointed the Ministers from among the members of the House of Representatives; recommended the candidates for the post of Attorney General, Chief Judges and Judges to the President of Malta; appointed the Chief of the Police, the Police Governance Boards, the Security Commissioner, the Data Protection Commissioner, as well as other top public officers; assigned the Permanent Secretaries to the government ministries.
In this context it should be noted that the Chief Permanent Secretary according to the Public Administration Act “shall take instructions from the Prime Minister”; recommended to the President the members of the Central Election Commission, the Public Service Commission, the Broadcasting Authority, the Malta Financial Services Authority and the Permanent Commission Against Corruption.

27.
27.

In order to address recommendations of the Venice Commission, the Powers of Appointment Act has been amended with a view to limiting the powers of the Prime Minister in the appointment of key institutional positions.
According to these amendments the appointments of the Governor, the deputy Governor, and the directors of the Central Bank of Malta, the Chairman of the Malta Financial Services Authority, the members of the Board of the Arbitration Centre and the Information and Data Protection Commissioner are now appointed by the Cabinet of Ministers and no longer by the Prime Minister alone.

28.
28.

These recent reforms have, to some extent, reduced the powers and discretion of the Prime Minister in the appointment of key positions, but it remains a very powerful position that is still insufficiently counterbalanced by a proper set of institutional checks and balances.

As we have mentioned above, key to establishing an effective counterbalance to these powers is establishing a system of proper parliamentary oversight by reforming the parliament into a full-time Assembly.

29.
29.

The Prime Minister has a very large margin of control over the Civil Service in Malta.

Until the implementation of the reforms the Prime Minister appointed all the Permanent Secretaries, which are the highest civil servants at the different ministries, as well as the Chief Permanent Secretary.

This is no longer the case.


Following amendments to article 92 of the Constitution (which governs the position of Permanent Secretaries) the Chief Permanent Secretary is appointed by the President on the basis of advice of the Cabinet of Ministers and the Public Service Commission.

The Permanent Secretaries should be appointed on the basis of a merit-based process.

However, the Constitution continues to stipulate that the Chief Permanent Secretary shall act on instructions of the Prime Minister.
Thus, through the Chief Permanent Secretary, who advises on the appointment of the Permanent Secretaries, the Prime Minister still maintains considerable control over the Civil Service which undermines its independence from political forces.

30.

This is compounded by the excessively high number of political appointees in Malta’s civil service.
These political appointees, or persons of trust as they are known in Malta, are appointed by the Prime Minister bypassing the normal civil service appointments procedures.

A proper legal basis for these positions and their appointment is lacking and, as a result, many persons of trust are appointed on what are not considered to be political positions.
While Malta has always had a relatively high number of political appointees in its civil service, this number has reportedly exploded under the current government.

Reportedly, there are currently more than 1 200 persons of trust which is clearly excessively high for a civil service of the size of Malta.
In its report17 on Malta in the framework of the fifth evaluation round, GRECO expressed its concern that the high number of political appointees, and lack of legal regulations governing these positions, would lead to, or at least give the impression of, cronyism.
In response the authorities have introduced legal reforms with the aim of limiting the persons of trust “to consultants to Ministers or Parliamentary Secretaries, staff in the Secretariats of Ministers or Parliamentary Secretaries and appointments of a temporary nature whenever a post remains vacant after repeated public calls are issued”.

However, these reforms still do not set a maximum number for such appointments nor their duration and still would allow appointments to non-political positions.
During our visit many interlocutors underscored that despite these reforms, the use of persons of trust still remains widespread, amounting to a system of patronage with the evident risks of conflict of interest and corruption.

We urge for additional reforms that would legally limit such persons of trust to a small number of clearly defined and regulated positions.

15.

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14906, paragraph 8.

16.

CDL-AD(2018)028.

17.

GrecoEvalRep(2018)6.

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15546 Report 2.4.


Ombudsperson The Ombudsperson is established by the Maltese Constitution and performs an important institutional 31. oversight function over authorities.

Until the recent reforms the appointment and powers of the Ombudsperson were regulated by ordinary law, the “Ombudsman Act”.
The Venice Commission recommended that the appointment and powers would be raised to the Constitutional level, which was implemented by the authorities with the amendments to the Constitution in 2020.

The Ombudsperson is now appointed by the President acting in accordance with a resolution of the parliament adopted by 2/3 majority.
A similar qualified majority is needed to request the President to remove the Ombudsperson, which can only be done on the limited grounds of inability to perform his functions or for proven misbehaviour.

These changes have strengthened the position and independence of the Ombudsperson.

32.
32.

Also, as a result of the above-mentioned Constitutional amendments, the right of the Ombudsperson to conduct independent investigations has de facto been raised to the Constitutional level, which had been recommended by the Venice Commission.

The Ombudsperson can now refer potential evidence of corrupt practices directly to the Attorney general, although the threshold remains very high, too high according to a number of interlocutors.
The Ombudsman Act now foresees that the Ombudsperson reports annually, or as frequent as (s)he deems necessary, to the parliament which will place his report on the agenda in a dedicated session.

During our meeting with the Ombudsperson, we were however informed that, aside from his annual report, ad hoc and special reports of the Ombudsperson in reality receive very little, if at all, attention of the parliament.

33.
33.

Several shortcomings remain in the legislation governing the Ombudsperson that should be addressed.

While the Ombudsperson may start an investigation on his own initiative or following a written complaint, the wording of the law is very restrictive with regard to whom can file such a complaint, effectively limiting it to persons having an interest or being aggrieved by an action.

A very strict interpretation of this clause could prevent for example civil society organisations to file complaints.
In addition, the right to receive information has not been raised to the Constitutional level and, as underscored by the Ombudsperson himself on various occasions – including in his meeting with us – the lack of enforcement of the right to information of the Ombudsperson by the Maltese authorities hinders the functioning of this institution and is of concern.

2.5.

Constitutional Convention 34.


While addressing a number of important recommendations of the Venice Commission, the reforms implemented in July 2020 were only partial and left a number of systemic shortcomings unaddressed, most prominently with regard to the functioning of the parliament and parliamentary control and oversight.
In its opinion on the adopted reforms18 the Venice Commission therefore recommended that the authorities implement a “holistic” constitutional reform in close consultation with the Maltese society, something we wholeheartedly support.
The previous President of Malta therefore established a Constitutional Convention in order to formulate 35. changes to the Constitution.19 The current President of Malta, Mr George Vella who took office on 4 April 2019, has maintained the Constitutional Convention and in his meeting with us confirmed his strong support for this process.
The Constitutional Convention has no executive powers but makes recommendations to the parliament 36. that, in the end, will be responsible for adopting any proposed changes to the Constitution.

We were informed that the Convention consists of 150 members, approximately 40% of which from institutional bodies and the academia and the remaining 60% from civil society.
However, the civil society representatives we met questioned how the members of this convention were selected, in particular those representing civil society, and complaint about a lack of consultation.

37.

While reportedly a number of (online) consultations have taken place and citizens have been invited to make suggestions via a dedicated website, the work of the Convention has been mostly stalled by the ongoing Covid-19 pandemic and no tangible concrete results have been made.

18.

CDL-AD(2020)019.


19.

We were informed that it is up to the Convention to decide if they wish to propose Constitutional amendments or a completely new Constitution, the latter option being reportedly controversial and therefore not favoured by the current President.

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15546 Report 38.

As we outline in this report, comprehensive reforms of Malta’s democratic institutions and institutional system of checks and balances are still urgently needed.
It is important that such far reaching reforms have the support and acceptance of the full Maltese society.

A Constitutional Convention, if based on a broad and comprehensive representation and consultation process in the Maltese society, would indeed be an excellent vehicle to prepare these reforms.

However, it is important that such a Convention has a clear mandate and is provided with a strict timeline to complete its task in order to ensure that the adoption of these reforms are not unduly delayed.
3.

Rule of law 3.1.

Reform of the Judiciary 39.

The Venice Commission, the report by Mr Omtzigt, as well as the independent inquiry Commission set up by the Maltese authorities, have raised several questions with regard to the independence of the Judiciary in Malta and have expressed concern about its vulnerability for politicisation which, in turn, has affected its ability to efficiently fight corruption in Malta.20 40.
The Judiciary in Malta consist of about 20 judges and a similar number of first instance magistrates.

The Judiciary is headed by the Chief Justice.

A key deficiency affecting the independence of the Judiciary has been the appointment procedure of judges and magistrates, and the excessive discretionary powers of the Prime Minister therein.

This appointment procedure, and the changes made to address these deficiencies have been outlined in the previous section.

41.
41.

The Commission for the Administration of Justice is the main body governing the Judiciary in Malta.
As per constitutional provisions it is composed of 10 members: the President of Malta, who is also the Chairperson of the Commission, the Chief Justice, the Attorney General, two members elected from among the Judges of the Superior Courts, two members elected from among the Magistrates of the Inferior Courts (first instance), one member appointed by the Prime Minister and one member appointed by the Leader of the Opposition and the President of the Chamber of Advocates.
The Chairperson only has a casting vote, as a result of which members appointed by the judiciary have the majority of votes on the Commission, in line with European standards.

The Attorney General was removed from the Commission by the reforms adopted in July 2020.

42.

The Committee of Judges and Magistrates, which is a sub-committee of the Commission for the Administration of Justice, is responsible for disciplinary proceedings.
It can impose warnings or a pecuniary penalty for small violations, up to a suspension of a magistrate or judge for up to six months for more serious violations of the Code of ethics or Code of disciplinary rules.

In order to remove a judge, the Committee has to report to the full Commission for the Administration of Justice.

This Commission, until the implementation of recent reforms, could then propose to the parliament to remove a judge.
A decision to remove a judge needed to have the support of a least a qualified 2/3 majority in parliament.

As it was highly problematic that a political body such as a parliament would play a decisive role in a dismissal procedure for a judge, this procedure was changed by the reforms adopted in July 2020.

The final responsibility for the dismissal of a judge is now solely the responsibility of the Commission for the Administration of Justice.
The Constitutional Court “hears appeals from decisions of other courts on questions relating to the 43. interpretation of the Constitution and on the validity of laws, as well as appeals from decisions on alleged breaches of fundamental human rights.

The Constitutional Court also decides on the validity of the election of members of parliament and the termination of their mandate, and the validity of the election of the Speaker.
It is composed of the Chief Justice and two other judges”.21 Laws or provisions that are found unconstitutional by the Constitutional Court are not automatically annulled or removed from the law.

It is up to the parliament to amend the law following a Constitutional Court judgement.

This does not always take place and 20.

The Maltese authorities have referred to the preliminary ruling of the Court of Justice of the European Union (CJEU) in the case Repubblika v. Prim Ministru (Case C-869/19).
In its preliminary ruling the CJEU concluded on 20 April 2022 that, after the implementation of the reforms, “The second subparagraph of Article 19(1) TEU must be interpreted as not precluding national provisions which confer on the Prime Minister of the Member State concerned a decisive power in the process for appointing members of the judiciary, while providing for the involvement, in that process, of an independent body responsible for, inter alia, assessing candidates for judicial office and giving an opinion to that Prime Minister”.
However, it did not express itself on the state of the independence of the judiciary in Malta, or its vulnerabilities, itself.

In that respect we maintain our observation that numerous reports, including those of the Independent Public Inquiry Commission, have outlined and expressed concern about shortcomings with regard to the independence of the judiciary.

21.

CDL-AD(2018)028, paragraphs 77 and 75.

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15546 Report unconstitutional provisions continue to be applied leading to repetitive cases before the Constitutional Court.

As highlighted by the Venice Commission on various occasions in respect of different countries, the execution of Constitutional Court judgements is an essential requirement for the rule of law.
The Venice Commission therefore recommended amending the Maltese Constitution to ensure that legal acts judged unconstitutional by the Constitutional Court lose their legal force.

However, the authorities have argued that this is not in line with the legal tradition in Malta and that this would lead to numerous complications, especially with regard to the legal framework governing the protection of rents in Malta, which could lead to serious social consequences.
While we do understand the importance of rent control, this should not abrogate the effects of Constitutional Court decisions and we therefore urge the parliament to ensure that acts that have been declared unconstitutional automatically immediately lose their legal force, as recommended by the Venice Commission.

44.

Until recently, the vast majority of prosecutions in Malta were carried out by the police, which is competent for both investigations and prosecution in Malta.
Only the most serious cases were prosecuted by the Attorney General.

In its evolution report GRECO considered the central role of the police to be excessive.22 In 2019, reforms were implemented with the effect that any crimes punishable by two years or more imprisonment are now prosecuted by the Attorney General’s Office.
Crimes punishable by less than two years of imprisonment continue to be prosecuted by the police, but the objective is to shift all prosecutions to the Attorney General’s office in the near future, as soon as this office has acquired the necessary capacity to take over all prosecutions from the National Police.

In the same reforms the functions of State Advocate and Attorney General were separated, in line with recommendations by the Venice Commission.

45.
45.

Until recently, decisions by the Attorney General not to prosecute could not be appealed, contrary to European norms and standards.

Following the reforms of July 2020, a decision not to prosecute is now also subject to judicial review by the civil courts of justice, as is the case for such decisions by the Head of the police in cases where the police is competent to prosecute.
Such appeals can inter alia also be brought by the Ombudsperson, the Auditor General, the Permanent Commission Against Corruption and the Commissioner for Standards in Public Life which have been given the status of aggrieved parties.

3.2.
3.2.

Fight against corruption As highlighted in GRECO’s evaluation report on Malta in the framework of its fifth evaluation round,23 46. as well as in the report of the Independent Inquiry into the murder of Daphne Caruana Galizia, the deficiencies in the system of checks and balances as well as its rule of law framework have made the Maltese public sector vulnerable to corruption.
This is compounded by the relatively small size of Malta and the fact that Malta’s economy is primarily geared towards the (offshore) financial services and online gaming sectors.
Despite the fact that “Malta has on paper an impressive arsenal of public institutions involved in checks and balances”24 the perception of corruption is high with little visible response to allegations of corruption which has created a sense of impunity for such actions and a coherent overall strategy to prevent corruption in public institutions is lacking.25 To underline the extent and seriousness of the issue, the Independent Inquiry in its report concluded that in Malta there was “a culture of impunity” that together with, according to many interlocutors, an institutional omerta had resulted in a situation where, until the murder of Daphne Caruana Galizia, persons close to the political power in the country were practically untouchable.
Overcoming this culture of impunity and institutional omerta is one of the key challenges facing the Maltese society and its democratic institutions.

47.

In addition to the law enforcement structures, Malta has two dedicated institutional bodies to combat and prevent corruption: the Permanent Commission Against Corruption (PCAC) and the Commissioner for Standards in Public Life.
These institutions are complemented by the Auditor General, who scrutinises the expenditure of public bodies and the Financial Intelligence Analysis Unit (FIAU) which is Malta’s specialised anti-money laundering agency.

48.

The PCAC was set up in 1988 to advice ministerial bodies on anti-corruption matters and investigate alleged or suspected corrupt practices by public officials.
It is composed of three members that since the 2020 reforms are appointed by the President: one on the basis of a parliamentary resolution adopted by a 2/3 majority, one on recommendation of the Prime Minister and one on recommendation of the leader of the opposition.

Previously its members were appointed by the President in accordance with the advice of the 22.

GrecoEvalRep(2018)6, paragraph 102.

23.

GrecoEvalRep(2018)6.

Idem, paragraph 1.

24.

Idem, paragraph 3.

25.

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15546 Report Prime Minister after consultation with the leader of the opposition, which weakened the independence of the Commission, especially in combination with the fact that it reports to the Minister of Justice.
The reforms also gave the PCAC the right to report findings of corrupt behaviour directly to the Attorney General, which was not the case before the reforms.26 In addition, the reforms have now clarified that trading in influence as well as accounting offences constitute to corrupt behaviour falling under the remit of the PCAC.

As a result of these structural weaknesses, the PCAC has until now achieved little or no tangible results in fighting and preventing corruption in Malta.
In its evaluation report on Malta GRECO noted that the PCAC is a weak body with investigation powers that are limited to a small number of criminal offences, and whose “contribution to Malta’s anti-corruption efforts have been negligible”.27 GRECO also expressed its concern about potential problems arising from the existence of parallel jurisdictions between the police and PCAC and considered that the PCAC “could be abolished”.
The PCAC itself has argued that its dissolution may violate Malta’s obligations under the United Nations Convention on Corruption while pointing at the high level of evidence needed to prove individual cases of corruption as a reason for the relatively few prosecutions.
We noted that the PCAC in its entirety consists of 3 members and one secretary which raises questions with regard to its suitability to contribute to fighting the widespread and engrained corruption in Malta that was highlighted by the report of the Independent Inquiry into the murder of Daphne Caruana Galizia.

49.

In 2017, the Maltese Parliament adopted the Act on Standards in Public Life.
Subsequently in 2018 the Commissioner for Standards in Public Life was appointed for a fixed period of five years by the President of Malta based on a resolution by the parliament adopted with a 2/3 majority.

The Commissioner is tasked with checking the declarations of interests and assets of members of the House of Representatives (including Ministers), Parliamentary Secretaries and Parliamentary Assistants as well as certain other categories of public officials.
In addition, the Commissioner investigates breaches of ethical standards and rules, and reports to the parliament about its findings; and monitors lobbying activities and advises the government regarding these matters.

The Commissioner is obliged to report to the parliament at least annually about the work of his office.
The work of the Commissioner is overseen by the Committee for Standards in Public Life, which is 50. composed of the Speaker of the Parliament, two members appointed by the Prime Minister and two members by the leader of the opposition.

It is the Committee on Standards in Public Life that decides on any subsequent actions and sanctions on the basis of the reports received from the Commissioner.
This was seen as an obstacle to the effectiveness of the work of the Commissioner as this Committee is by design a political body, with possible conflicts of interest.
Since the 2020 reforms, the Commissioner for Standards in Public Life can directly report to the Commissioner of Police or the Attorney general in cases where from his investigations it appears “prima facie that a criminal offence of corrupt practice has been committed”.28 During our visit the Commissioner underscored that the level of proof needed was that of “chance of probability” and not of “proof beyond reasonable doubt” which ensured that suspicions of corrupt behaviour reported by the Commissioner can be properly investigated by the police.
These changes address an important Venice Commission and GRECO recommendation.

In addition to its oversight function, the Commissioner can also issue guidelines and recommendations 51. to the authorities, including on how the law should be interpreted when dealing with conflicts of interest and corruption.

The current Commissioner considers this a very important element of the work of his institution that should be further strengthened and enlarged.
The Commissioner for standards in public life is widely seen as an effective and efficient institution, not the least due to the impartiality and commitment of the current postholder, and several interlocutors argued that the Commissioner should be provided with enhanced powers and resources to further its work, and that it should absorb the PCAC.
We would recommend that the authorities strengthen the powers and the resources given to the Commissioner and consider further streamlining of anti-corruption institutions to avoid overlap and interference between them.

52.

Two important pieces of legislation are in place to aid the prevention and combat of corruption: the 2008 Freedom of Information Act and the 2013 Protection of Whistle-blowers Act.
The Whistle-blowers Act is widely regarded as one of the best in Europe even if concerns remain, such as the fact that whistle-blowers that divulge their knowledge to the media are not (well) protected, as well as the fact that external whistle- blowers have to report to the Cabinet of Ministers Office to be granted immunity from prosecution, which, in the view of the Commissioner for Standards in Public Life can act as a barrier for civil servants to come forward and report fraud and corruption.

26.
26.

These issues were considered by the Venice Commission as structural flaws that undermine the effectiveness of the PCAC (CDL-AD(2018)028, paragraph 72).

27.

GrecoEvalRep(2018)6, paragraphs 104-106.

28.

CDL-AD(2020)019.

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15546 Report 53.

The implementation and enforcement of the Freedom of Information Act are an issue of concern as many of the provisions of the act are not enforced by the authorities or only partially and with such long delays that they render the information ineffective.
Most of the media and civil society representatives we met during our visit, as well as public institutions such as the Ombudsperson, complained about the structural lack of follow-up to their requests for information.

This is an issue of concern that should be remedied without delay.

In this context it is important to stress that this cannot be achieved by amending legislation alone, but also need a commensurate change of behavior and a culture of transparency and openness.

54.
54.

Malta is a large international finance and banking centre that is highly vulnerable to money laundering.29 In its fifth mutual evaluation report in 2019, the Committee of Experts on the Evaluation of Anti- money Laundering Measures and the Financing of Terrorism (Moneyval) and the Financial Action Task Force (FATF) expressed concern about Malta’s capacity to effectively counter and prosecute money laundering, including due to a lack of available human and financial resources.
Malta was placed under enhanced follow- up and risked being blacklisted if these concerns were not addressed by the next mutual evaluation.

In its first enhanced follow-up report of 2021, Moneyval and the FATF considered that the Maltese authorities had made welcome progress in addressing the deficiencies noted in the fifth mutual evaluation report and was now complying or largely complying with the FAFT recommendations.
While the risk of blacklisting was avoided, additional actions were deemed necessary to ensure full compliance with the recommendations.

Malta remains therefore under enhanced follow-up.

55.

A particular issue of concern in relation to money laundering and corruption has been Malta’s so-called citizenship by investment programme, more commonly known as its “golden visa scheme”.
This legislation allows wealthy investors to obtain Maltese citizenship and thus EU passports in return for considerable investments into the Maltese economy.

4.

Human rights 56.

Malta has a well-developed institutional and legal system for the protection of human rights.

However, a number of human rights concerns have recently come to the forefront.
The assassination of Daphne Caruana Galizia has put the spotlight on safety of journalist and media freedom in Malta, but concerns have also been raised with regard to the rights of women and gender equality as well as with regard to the treatment of irregular migrants and refugees.

In addition, the already mentioned engrained culture of impunity30 is undermining the protection of human right on several fronts, not in the least with regard to the media.

This needs to be addressed as a priority.

4.1.


Freedom of the media 57.

Malta has a pluralist media environment, but most private media are connected to the two main political parties or their supporters and promote their political views.

As a result, the media environment reflects the deep political polarisation in the Maltese society.
This is compounded by the fact that the public broadcaster is widely seen as a mouthpiece of the government and biased in favour of whatever party is forming the ruling majority at that moment.

At the same time, Malta has a well-developed IT infrastructure allowing the population a wide choice of different internet media.

58.

Malta was ranked 81 out of 180 countries in the 2021 World Press Freedom Index by Reporters Without Borders (RSF).
In its 2021 report on Malta, RSF concluded, inter alia, that “A political system that continues to muzzle press freedom, discrimination in accessing information, and an inefficient judicial process has continued to present obstacles to public interest reporting as well as threats to journalists’ ability to do their job safely”,31 which is of deep concern to us.
The Independent Inquiry set-up in the wake of the assassination of Daphne Caruana Galizia came to similar conclusions with regard to the freedom of the media and role of the authorities in this case, which underscores the seriousness of the situation.

59.
59.

In her recent report on Malta, the Commissioner for Human Rights of the Council of Europe called on the authorities to implement reforms with a view to strengthening the protection of journalists and to “refrain from any conduct that encourages hate speech against them”.32 Regrettably the media representatives we met during our visit reported that harassment of journalists, including threats to their life and safely and trolling 29.
Moneyval/Financial Action Task Force, Fifth round mutual evaluation report, executive summary, paragraph 2.

30.

In their communications the current authorities have strongly denied that such a culture of impunity would exist.

31.

Reports Without Borders, 2021 World Press Freedom Index – Malta.

32.

Council of Europe Commissioner for Human Rights, Report following her visit to Malta from 11 to 16 October 2021, p. 4.

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15546 Report on social media, continues unabated and is not seen as effectively investigated by the police.

The Independent Inquiry Report had recommended that a special police unit would be established to investigate threats and attacks on journalists.

The authorities have not followed this advice, but the police force itself has established a special contact point for journalists and has reportedly been more forthcoming in investigating threats, including those originating on social media.
While this was welcomed by the media representatives we met, they also underscored that, given the graveness of the situation, such a contact point could not substitute the specialised police unit recommended in the Independent Inquiry report.

60.

As outlined in the previous section, journalists in Malta face considerable obstacles in obtaining information from the authorities, with request for information under the Freedom of Information Act often ignored or unduly delayed as to render them ineffective.
Media play an essential role in ensuring transparency of governance which is essential for the functioning of democratic institutions and the fight against corruption.

Amendments to the Law on Freedom of Information should be adopted to close existing loopholes that are arbitrarily used by the authorities to reject request for public information.

The abuse of anti-defamation legislation to silence journalists is an issue of increasing concern.
While 61. defamation has been decriminalised since 2018, Maltese libel legislation is vulnerable to abuse including as a result of civil law provisions that allow civil defamation cases to be transferred to the heirs in the event of the death of the person being sued, which has a chilling effect on journalists.33 In addition, there has been a proliferation of the use of so-called SLAPPS (Strategic Lawsuits Against Public Participation) against journalist.
SLAPPS are lawsuits filed with the intention to intimidate, and ultimately censor journalists through the high costs of defending themselves against litigation.

Such SLAPPS are filed both in Malta as well as in foreign jurisdictions.

It is clear that the use of SLAPPs is a threat against freedom of expression.
The Maltese authorities reportedly intend to implement anti-SLAPPs legislation and wish to co-ordinate this at the European level given that this is a problem that transcends national jurisdictions.

At the same time, we urge the Maltese authorities to amend existing defamation legislation to prevent its abuse.

62.

The report by the Independent Inquiry has outlined a number of recommendations to strengthen the safety of journalist and to safeguard the freedom of expression and the media in Malta.
We urge the Maltese political forces to fully implement these recommendations without hesitation or delay.

63.

In a welcome development, we were informed that a Committee of Experts on Media was established on 11 January 2022 which is currently chaired by former Chair of the Public Inquiry.

Its tasks are to analyse the media environment in Malta and to advise on the draft changes to the legislation to enhance the protection of media freedom in Malta.

4.2.

Women’s rights 64.


As reported by the Commissioner for Human Rights in her recent report, despite considerable progress, gender inequality is deeply rooted in the Maltese society and paternalistic attitudes and stereotypes regarding the role of women in family and society remain.
This is often seen as related to the socially conservative Maltese society, but this was discounted by the representatives of women’s organisations we met, who pointed to the fact that Malta, in 2018,34 with considerable support from the society, introduced LGTBI rights legislation and an action plan, that in many aspects was in line with European best practices.

65.
65.

Malta has signed and ratified most international human rights instruments that cover women’s rights and gender equality, including the European Convention on Preventing and Combating Violence against Women and Domestic Violence ( CETS No.

210, “Istanbul Convention”).

The Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) published its Baseline Evaluation Report35 on Malta in November 2020.
In this report GREVIO welcomed the legal measures and amendments to existing legislation adopted by the Maltese authorities but emphasised that considerably more efforts should be made to implement the convention in practice.

In this respect, they noted that the Maltese gender- neutral approach of referring to “gender-based violence” in legislation did not recognise the disproportionate occurrence and effects of violence against women.
GREVIO underscored that there is a need to strengthen the application of a gender perspective and to considerably improve the initial and continuous training of all professionals who interact with victims.

They also pointed at the need to intensify inter-institutional co- 33.

As an example: at the time of her death Daphne Caruana Galizia was facing 43 civil and 5 criminal lawsuits brought by Maltese political actors.
As mentioned by the Commissioner for Human Rights, several of these cases continued, and in some cases continue posthumously against her family.

We can only urge those that filed these lawsuits to drop them without delay.

34.

Continuing a process of strengthening LGTBI rights started in 2014.

35.

GREVIO/Inf(2020)17.

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15546 Report operation.

Regarding protection orders, GREVIO considered that they should be available independently from, or cumulatively with, other judicial procedures.
Protection orders are problematic, as they are not a means of preventing offences and the burden of proof falls on the victim, which may expose him or her to a risk of victimisation.

66.

The current legislation dealing with equality, the Law on Equality between Men and Women, dates from 2003 and according to many interlocutors needs to be strengthened.
A draft for new Equality Bill and Human Rights legislation, including a bill to establish a Human Rights and Equality Commission, have been prepared and tabled but the adoption process has stalled.

We were informed by both ruling majority and opposition that the adoption of these laws would take place in the new convocation of the Maltese Parliament after the elections on 26 March 2022.
As a result of the legislation adopted, 12 seats for women were added to the Maltese Parliament following these elections.

The gender employment gap in Malta is large and representation of women in politics and government still low.
In that respect we welcome the newly adopted legislation to increase the representation of women in the new convocation of the parliament.36 This would be an important step forward and hopefully will be replicated on the level of the government that will be formed after the elections.

67.

Reproductive rights in Malta are an issue of concern.
Malta has one of the strictest abortion laws in the world and is only one of the two Council of Europe member States to prohibit abortion entirely, including in cases of rape or danger for the life of the mother.

Seeking or having an abortion is criminalised with prison sentences of up to three years although in practice this is not implemented.
Performing or prescribing an abortion is criminalised with a prison sentence of up to four years and the possibility of losing one’s medical license.37 Seeking or obtaining an abortion abroad is not criminalised.

A proposal to legalise abortion was tabled in 2021 by an MP from the Democratic Party,38 but this proposal reportedly failed to gather support from the two main parties.
The day-after anti-contraceptive pill has only been legal in Malta since 2016, but reportedly a number of pharmacies refuse to carry these pills on conscientious grounds.

Without wishing to step into an ideological debate we do consider that the issue of reproductive rights and health needs to be improved and we hope that this will be addressed by the new parliament as a matter of priority.

4.3.

Migrants and Refugees 68.


Malta is a Mediterranean frontline State with regard to irregular migration and asylum seekers, and the numbers that reach the Maltese shores are extremely high in comparison to the relatively small size of the Maltese population.39 The Maltese authorities underscored that Malta alone could not deal with such numbers of migrants and asylum seekers and complained about a lack of solidarity within the European Union for Maltese predicament.
While we urge other European States to show commensurate solidarity with Malta, this does not release Malta of its responsibilities and human rights obligations with regard to irregular migrants and asylum seekers, which was also highlighted in the recent report of the Commissioner for Human Rights.

69.

Until recently new arrivals were as a rule detained until their case was decided upon.
As a result of this and the arrival of an increasing number of migrants, a situation compounded by the Covid-19 pandemic, the migrant reception system, was overwhelmed.

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) carried out an ad hoc visit to Malta from 17 to 22 September 2020, where it found the reception centres to be on the verge of collapse.

with especially safeguards to protect the vulnerable lacking.
Specific measures to combat Covid-19 were found to be so problematic as to amount to inhuman and degrading treatment incompatible with Article 3 of the European Convention on Human Rights (ETS No.

5).40 70.

While Malta has abolished mandatory detention of migrants, in practice many are still placed in detention centres and, despite considerable efforts by the authorities, the conditions in the reception and detention centres remain of concern.

Further efforts are required in this respect.

36.


The new parliament will have 22 female MPs, i.e.

28% of MPs, the largest number ever.

37.

Council of Europe Commissioner for Human Rights, Report following her visit to Malta from 11 to 16 October 2021.

38.
38.

The Democratic Party is a new party formed in 2016, in the elections in 2016 it obtained two seats in the parliament which was the first time another party than the two main parties, the Nationalist Party and the Labour Party, was elected into parliament.

In October 2020 it merged with the Democratic Alternative Party.

39.

40.

Council of Europe anti-torture Committee urges Malta to improve treatment of migrants deprived of their liberty.

(2020).
(2020).

In 2019, 3 406 migrants arrived by sea, 2 281 in 2020.

In 2021 these numbers reduced to approximately 600.

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15546 Report In its most recent report on Malta,41 ECRI expressed concern about the high levels of hostility towards 71. immigrants, the absence of a long-term integration strategy for refugees and beneficiaries of local forms of protection as well as the risks of migrants being exploited in undeclared jobs or given extremely low wages.
ECRI also highlighted the very restrictive rules on family reunification which define as family members only spouses and unmarried minor children.

4.4.

Other human rights issues 72.

In its most recent report on Malta, the Group of Experts on Action against Trafficking in Human Beings (GRETA)42 expressed concern that Malta remains one of the destination countries for victims of trafficking in human beings.
It considered that the legal definition of trafficking in human beings should be amended and that the fact that the offence of trafficking is committed against a child should be introduced as an aggravating circumstance.
Assistance and support to victims of trafficking should be put in place; training should be provided to all professionals responsible for the implementation of assistance and protection measures for victims of trafficking; and a comprehensive and coherent statistical system on trafficking should be developed.

In its report,43 ECRI expressed concern about hate speech and hate crimes.
Hate speech is only 73. punishable under the Penal Code for incitement to hatred or violence if the person(s) concerned are in Malta.

This needs to be addressed.

5.

Conclusions The developments following the assassination of Daphne Caruana Galizia brought to light a deeply 74. rooted political and social polarisation in the Maltese society and a systemic malfunctioning of democratic institutions in the country.
The opinion of the Venice Commission on the constitutional system of checks and balances and the independence of the judiciary, as well as the report of the independent public commission established by the authorities following Daphne Caruana Galizia’s assassination were a watershed moment for the country.

The Maltese authorities and Parliament reacted with the adoption of a series of welcome reforms to address the shortcomings in the democratic and rule of law institution.
While these reforms constitute marked progress, they only partially address the concerns and shortcomings that were noted.

A comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed.

A key aspect of this reforms should be a far-reaching reform of the Maltese Parliament, with a view to establishing a full-time parliament that can provide proper parliamentary oversight and regain legislative initiative.
This would also allow Malta to address a series of important vulnerabilities of its political institutions to conflicts of interest and corruption.

75.

We welcome the fact that the need for a holistic reform of Malta’s democratic institutions, including its Parliament, are supported by all the main political forces in Malta, and indeed by a considerable majority in Malta’s society.
In this report and resolution, we have outlined a number of recommendations for these reforms that should help guide the Maltese authorities and Parliament in this important task.

We are convinced that the Council of Europe, and specifically its Venice Commission can, and should, play an important role in assisting the authorities in drafting and implementing these much-needed reforms.
The Assembly should continue to follow this process closely and we therefore suggest that the Monitoring Committee would agree to present its next periodic review report on the honouring of membership obligations by Malta to the Assembly, no later than five years from now.

41.

CRI(2018)19 – ECRI report on Malta (fifth monitoring cycle – 2018).

42.

GRETA(2017)3 – Report on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Malta.

43.

CRI(2018)19, op.


cit.

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:EUROPE Speakers list I Uste des orateurs Issued at 20.00 I Distribuee a 20h00 Debate: Thursday 23 June 2022 1.
The honouring of membership o bligations to the Council of Europe by Malta • FOURNIER, Bernard [Mr] (France, EPPICD), Co-Rapporteur ; Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) (Doc.

15546) • LOUCAIDES, George [Mr] (Cyprus, UEL), Co-Rapporteur ; Comm ittee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) (Doc .

15546) Debat : jeudi 23 juin 2022 1.


Le respect des obligations decoulant de l'adhesion au Conseil de !

'Europe de Malte • FOURNIER, Bernard [M.] (France, PPEIDC), Corapporteur; Commission pour le respect des obligations et engagements des Etats membres du Conseil de !

'Europe (Commission de suivi) (Doc.

15546) • LOUCAIDES, George [M.] (Chypre, GUE), Corapporteur ; Commission pour le respect des obligations et engagements des Etats membres du Conseil de !

'Europe (Commission de suivi) (Doc.
15546) Speakers on behalf of political groups I Orateurs au nom des groupes politiques EPPICD I PPEIDC VARDANYAN, Vladimir [Mr] Armenia I Armenie ECIDA I CEIAD ALOE I ADLE UELI GUE soc HOWELL, John [Mr] United Kingdom I Royaume-Uni STIENEN, Petra [Ms] Netherlands I Pays-Bas CASTEL, Laura [Ms] Spain I Espagne FOULKES, George [Lord] United Kingdom I Royaume-Uni Speakers list I Liste des orateurs SOC CACHIA, Naomi [Ms] Malta I Malte EPPICD I PPEIDC FENECH ADAMI , Joseph Beppe [Mr] Malta I Malte ECIDA I CEIAD CHOPE, Christopher [Sir] United Kingdom I Royaume-Uni ALOE I ADLE soc EPPICD I PPEIDC REISS, Frederic [M.] BONETT, Chris [Mr] LE NAY, Jacques [M.] France Malta I Malte France Speakers list SITTING NO.
23 -THURSDAY MORNING 23 JUNE 2022 DEBATE - The honouring of membership obligations to the Council of Europe by Malta Speakers on behalf of group EPP/CO EC/OA ALOE UEL soc Mr V ladimir VARDANYAN Mr John HOWELL Ms Petra STIENEN Ms Laura CASTEL Lord George FOULKES Speakers list soc 2 EPP/CO 3 EC/OA 4 ALOE 5 soc 6 EPP/CO Ms Naomi CACHIA Mr Joseph Beppe FENECH ADAMI Sir Christopher CHOPE Mr Jacques LE NAY Mr Chris BONETT Mr Frederic REISS Armenia United Kingdom Netherlands Spain United Kingdom Malta Malta United Kingdom France Malta France Provisional edition Thursday 23 June 2022, morning Official report of debates Opening of the sitting No.
23 Debate: The honouring of membership obligations to the Council of Europe by Malta Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): The first item of business this morning is the debate on the report titled "The Honouring of Membership Obligations to the Council of Europe by Malta" presented by Mr Bernard FOURNIER and Mr George LOUCAIDES on behalf of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee).
In order to allow time for the second debate this morning, I will interrupt the list of speakers at about 10.40 a.m. to allow time for the reply and votes.

We will begin with Mr Bernard FOURNIER and Mr George LOUCAIDES, co-rapporteurs.

Dear colleagues, you have 5 minutes each.

First I call Mr Bernard FOURNIER - you have the floor.

Mr Bernard FOURNIER (France, EPP/CD, Co-Rapporteur): Thank you, Mr President.
Mr President, Distinguished colleagues, Today we are considering the report on the honouring of the membership obligations of Malta.

This report was prepared by the Monitoring Committee within the framework of the periodic review of membership obligations of Council of Europe member states which are not under a full monitoring procedure.
This report as well the draft resolution contained therein give an overview of the way democratic institutions and rule of law institutions function in the country, the country's achievements in this respect, the challenges they face, as well as recommendations about how these issues could be addressed.

In this report: 1.

Speeches in English, French, German and Italian are reported in full in English.

2.

Speeches in other languages are summarised from the interpretation and indicated by an asterisk (*).
3.

Speeches in German and Italian are available in full on the Assembly's website.

4.

The text of the amendments is available at the document centre and on the Assembly’s website.

Only oral amendments or oral sub-amendments are reproduced in the report of debates.

5. Corrections should be handed in at Room 1081 not later than 24 hours after the report has been published.
F - 67075 Strasbourg Cedex | assembly@coe.int | Tel: +33 3 88 41 2000 | assembly.coe.int https://pace.coe.int Maltese society is dynamic, vibrant and interconnected.

Nonetheless, it is also very polarised.


Over these last few years, Maltese society has been rocked by a series of crises, notably the assassination of Daphne Caruana Galizia, which laid bare a number of serious shortcomings and deficiencies in the country's system of institutional checks and balances, as well as in the functioning of the rule of law in Malta.
These shortcomings were considered in detail by this Assembly when it discussed the report tabled by Mr Pieter OMTZIGT on "Daphne Caruana Galizia's assassination and the rule of law in Malta and beyond: ensuring that the whole truth emerges".

It was also considered in a number of opinions drafted by the Venice Commission.
Following the publication of the aforementioned reports, the Maltese authorities and political groupings did launch a series of important reforms which have managed to close a number of shortcomings and gaps.

This is an important step forward and we must commend it.

Nevertheless, these reports only partially address the deficiencies in Malta.

A comprehensive, truly holistic reform of Malta's democratic institutions and checks and balances system is still needed; it is urgent, in fact.
This is all the more important within the context of deeply rooted political and social polarisation in Malta, which I mentioned earlier.

It permeates practically all aspects of Maltese society.

It also poses a risk to the functioning of democratic institutions.

The need for holistic reform is widely shared in Maltese society itself.

This is evident, since the President of Malta has set in motion the establishment of a constitutional assembly, which we very much welcome.
It is now vital that this constitutional convention is endowed with a clear mandate and a very strict time frame for it to complete its work.

It is also important for it to work on the basis of consensus, as well as broad and comprehensive consultations with Maltese society.
A key component of said holistic reform is a complete overhaul of the Maltese Parliament with a view to establishing a full-time parliament which can ensure proper parliamentary oversight and also regain the right of legislative initiative.

This is crucial for the Maltese institutional reforms, the reform of the checks and balances system, to be successful.

This recommendation is widely shared and supported - in fact Maltese society demands it; it is also supported across party political lines.
It will help to address the parliament's vulnerability, its exposure to conflicts of interest and corruption.

This vulnerability was underscored in a number of reports, including reports tabled by GRECO.

Thank you.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you very much.

Now I call Mr George LOUCAIDES.

You also have 5 minutes.

You have the floor.


Mr George LOUCAIDES (Cyprus, UEL, Co-Rapporteur): Taking up from where my colleague left off, there is a second important theme in our report, namely the vulnerability of Malta's political and democratic institutions to conflicts of interest and corruption.
The independent public inquiry commission that was established on recommendation of the Assembly concluded that in Malta there is a culture of impunity and institutional omertà, which undermines the proper functioning of the democratic and rule-of-law of institutions.

Again, while a number of welcoming initiatives have been taken by the authorities, more and more consistent efforts are needed to address the systemic vulnerability of Malta's democratic institutions.
In this context, we recommend that the need and possibility for secondary employment for parliamentarians be considerably reduced and limited to a number of clearly circumscribed type of activities and appointed positions.

In addition, the independence of the civil service needs to be further strengthened, and the number of political appointees in the civil service, so-called "persons of trust", need to be drastically reduced and circumscribed as well.
The reports, dear colleagues, is mostly focusing on the functioning of the country's democratic and rule-of-law institutions, but it's equally addressing a number of important human rights issues.

2 Malta has a very well established framework for the protection of the rights of LGBTI persons, which should be lauded.
At the same time, equality between men and women, despite some welcome progress, such as for instance the number of women elected to the parliament in the last elections, still leaves a lot to be desired and needs to be further enhanced.

In this regard, it should be noted that Malta has one of the strictest abortion laws in Europe, which forbids abortion in all circumstances.
Without wishing to enter into a debate about abortion, we wish to emphasise that reproductive rights and health are important and integral aspects of women's rights that need to be strengthened in Malta.

Another issue has been the treatment of irregular migrants and asylum seekers.

Malta is a Mediterranean front-line state with regard to migration and asylum seekers.

The number of migrants and asylum seekers that arrive on Maltese shores are very high in comparison to Malta's small population.
More and more consistent solidarity of other European states with Malta's difficult position in this respect is needed.

And indeed, this is true with regard to all Mediterranean front-line states that face similar situations.

That notwithstanding, it is important that the Maltese authorities fully honour and respect their responsibilities and human rights obligations with regard to these migrants and asylum seekers.
In this respect, the Council of Europe Commissioner for Human Rights has made a number of important recommendations with regard to the reception and treatment of migrants and asylum seekers that we fully second and urge the authorities to implement.

Dear colleagues, we started our speech with reference to Daphne Caruana Galizia's brutal assassination.
Her assassination and the government's response to it brought the spotlight on numerous shortcomings with regard to Malta's institutional system of checks and balances and functioning of democratic institutions, which we have outlined in our report.

However, in our report we have explicitly not touched upon the investigation into her assassination itself.

This has been dealt with in the report of the Legal Affairs Committee.
We fully support these conclusions and findings and in our resolution repeated the call upon the Maltese authorities to fully address the concerns and recommendations expressed in this report, as well as that by the independent public inquiry commission.

I should also like, for ending, to thank the Maltese authorities for their collaboration and willingness to assist us throughout the whole procedure, and especially during our fact-finding mission to Malta.
Lastly, dear colleagues, I should like to thank the Secretariat of the Monitoring Committee, but particularly express our deep gratitude to Mr Bas KLEIN whose capabilities, expertise, and support were invaluable.

Thank you very much for your attention.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you very much.

Now the representatives of the political groups.

First, I would like to give the floor to Mr Vladimir VARDANYAN on behalf of Group of the European People's Party.
Mr Vladimir VARDANYAN (Armenia, EPP/CD, Spokesperson for the group): Thank you Mister Chair.

Dear Colleagues, Let me first of all congratulate the rapporteurs for an excellent report.

In 1965, one year after independence, Malta became the 18th member of the Council of Europe, contributing to the achievements of our organisation.
Recently, the Republic of Malta appears in the focus of the Parliamentary Assembly predominantly in the context of the assassination of anti-corruption journalist Daphne Caruana Galizia, an assassination where there are still many questions to be answered.

The relevant resolution of the Parliament Assembly, as well as the Venice Commission adopted recently, let Maltese authorities undertake essential reforms to address the legal shortcomings existing in the country.
The ongoing reforms are intended to increase the independence of the judiciary, to improve the checks and balances mechanism, to clarify the appointment procedure of official positions, to ameliorate civil service in Malta.

The undertaken ameliorations should be definitely welcomed.

3 Nevertheless, they are necessary but not enough to create in Malta an environment of respect of the rule of law, protection of human rights, and promotion of democracy and elimination of culture of impunity.
Ladies and Gentlemen, Constitutional order is crucial for the establishment of the rule of law environment in the country.

From this perspective initiative taken in the direction of establishment of the constitutional assembly by the president of Malta should be welcomed.

Constitutional amendments will approximate Maltese institutional settings to the European standards.

Addressing the Malta anti-corruption agenda, some issues, especially concerning conflicts of interest, are still very alarming.
There is no doubt that parliamentary reform may also seriously contribute to the Maltese anti-corruption agenda, since the creation of the full-time professional parliament would be a crucial change for making political processes in Malta more transparent and politicians more accountable.

It's necessary for preventing a conflict of interest and misuse of parliamentary mandates.
I do believe that the successful implementation of the reforms with the close co-operation of the Council of Europe will put an end to the culture of impunity in Malta.

Thank you.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Next speaker – Mr John HOWELL, European Conservatives Group.

Mr John HOWELL (United Kingdom, EC/DA, Spokesperson for the group): Thank you very much.

When I first read this report, I was struck by how this is almost a classic monitoring report.
It is very good, very good indeed.

What I mean by that is that it has not sought to turn monitoring into a big stick with which to beat Malta, but it has set out very carefully to look at the way in which Malta is developing, and how we can provide the assistance to allow Malta to develop further.

I think that that is a very important fact that we should all remember when we undertake monitoring exercises.
We are not there to exercise our right to be able to wave the big stick at the country for doing certain things or not doing certain things.

We are there to help it to be able to reach the future.

I detected more than a little bit of sympathy for Malta from the rapporteurs, which I think is to their credit.

For example, when they talk about political institutions, they talk about vulnerable institutions.
It is that understanding of the vulnerability of institutions in Malta that I think makes this one of the classic reports.

They, too, mention a very important issue: the plight of women.

That goes hand-in-hand with the fact that Malta is a very conservative society.

Although it has signed the Istanbul Convention, what we need to do is to make sure that a process of culture change takes place in order to improve the rights of women within Maltese society.
There is no point in just signing a convention and then turning one's back on it and walking away and hoping that the best will occur from it.

We need to help the country to develop the sort of society that we would like it to become, and to help it to be able to implement the important provisions within the Istanbul Convention.

The same applies to LGBT rights.

One of the rapporteurs – I cannot remember which – mentioned the importance of new up-to-date legislation on this subject.
That too is very important, but that needs to be transferred through culture change to make sure that it applies equally across the whole of Maltese society.

In conclusion, this was a very good exercise, a very, very good monitoring exercise in which the rapporteurs have shown sympathy with the country and have gone out of their way to show how we can help it, rather than just what it is done wrong.
Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): The next speaker is Ms Petra STIENEN, Alliance of Liberals and Democrats for Europe.

4 Ms Petra STIENEN (Netherlands, ALDE, Spokesperson for the group): Thank you, Mister George LOUCAIDES and Mister Bernard FOURNIER, for authoring this report.

On behalf of the Alliance of Liberals and Democrats for Europe (ALDE) group, I would like to especially join the position of this report in emphasising the burden Malta is facing.
One of the Mediterranean frontline states with regard to migrants and asylum seekers and the urgent necessity to intervene.

We should all work together and at home to gather the European solidarity that Malta needs in order to deal with the arrival of north African migrants and refugees.

It is high time to find a framework of support that works for all European frontline states with European support.
Also, I have to notice that Malta proves again that having rights on paper does not always translate for women as well as for LGBTI people and other minorities into the actual exercise of these rights.

Since we have had similar conversations in many European countries, I will closely follow the real-life effects of the legislation on increasing the representation of women in a new parliament and whether it will be followed by an increased representation in the executive bodies.
In the ALDE group, we are deeply concerned that being a journalist keeps being a very dangerous profession in Malta, even after the government was forced to act in the light of the Daphne Caruana Galizia assassination.

The shortcomings that several inquiries have shown how the state has dealt with Madam Galizia's murder seems to be unresolved.
Without the proper independence of the judiciary, in general, and a state that really respects the freedom of the press and protects journalists, the mere gesture of proposing legislation does not solve any of Malta's problems.

I am sure we will follow the issue thoroughly until both the case of Daphne Caruana Galizia and the guarantees for journalist safety are clarified.
To conclude, as a rapporteur for the report on innovative approaches to sexual reproductive health and rights, I underlined the concerns expressed in the report about reproductive rights in Malta.

Reproductive rights and health are a key aspect of women's rights that need to be improved in Malta as a matter of priority.

I believe a lot can be learned by the way Ireland handled the debate on abortion and reproductive health.

Thank you.
Thank you.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): The next speaker is Ms Laura CASTEL, Group of the Unified European Left.

Ms Laura CASTEL (Spain, UEL, Spokesperson for the group): Thank you Chair, The assassination of Daphne Caruana Galizia has helped bring light to many underlying problems within the Maltese institutions.

As the report states, corruption, lack of independence of the judiciary, inequality or the treatment of asylum seekers are some of them.
But I would like to focus on three issues.

The first is the independence of the judiciary.

It is important to keep in mind the recommendations of Group of States against Corruption (GRECO) on this to avoid the politicisation of justice and guarantee a true separation of powers.

We commend the reform of the judicial appointments process in that regard.

However, we are still concerned by the control of the government of the civil service by appointment of persons of trust.
This gives an inverted image of the country and loses society's trust in their leaders.

Second, the freedom of expression and, particularly, of press are of outmost importance for the Council of Europe.

The increase of Strategic Lawsuits against Public Participation (SLAPPS) is worrisome.

Therefore, we would like to strongly encourage looking at this closely and particularly to follow the Commissioner's recommendations to protect journalists against hate speech.
Third, Malta faces a difficult challenge being a frontline state in the Mediterranean.

It is a small country, yet numbers of irregular migrants and asylum seekers is high.

The right to seek and enjoy asylum should be provided according to international law.

The report show that migrants are still put in detention in Malta.

We recall that this should be an exceptional measure.
In sum, integration principles of humanitarian and human rights law, it is essential and in line with Article 3 of the European Convention.

This should be done with the help of human rights and humanitarian agencies.

5 While there is no denying that Malta is a democracy, it is of high importance to strengthen its institutions in order to improve the rule of law system.
There have been some improvements, but we would like also like to encourage our Maltese colleagues to address the remaining serious issues in line with the recommendations of the Venice Commission, GRECO and the Commissioner.

To wrap up, we have here at the Council of Europe a wide spectrum of bodies that help us all integrate best practices on different human rights issues.
Let's establish a true dialogue with them, learn from them to help implement the necessary reforms, and build true democratic countries.

It is our obligation.

We support and encourage the adoption of this report.

Thank you, Chair, and thanks to the Rapporteurs.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you.

The next speaker is Lord George FOULKES, Socialist Group.
Lord George FOULKES (United Kingdom, SOC, Spokesperson for the group): Mister President, Can I also thank the rapporteur for a very well-balanced report?

The brutal murder of Daphne Caruana Galizia shocked us all.

I was at the time your general rapporteur on media freedom and the safety of journalists.
I was involved in that capacity along with other members of the Assembly and particularly also with the three very brave and committed sons of Daphne, in helping to expose the corruption and the crime in Malta at the time.

It wasn't easy for me as a member of the Labour Party, because it's our sister Labour Party who were in power at the time and, as the report says, it's a fairly polarised society in Malta.
It was even more difficult for the really good members of the Labour Party in Malta itself, who were embarrassed by what was being done at the time.

The question before us now is whether politicians in Malta have taken the right steps and are moving in the right direction.

There have been, as the report says, a number of actions already.

The commission on standards in public life, the whistle-blowers act, the more power to the Ombudsman, the reform of political appointments, and so on.
I think the key to the change is something else.

It comes from the people of Malta.

Because we've had an election, a very recent election in which there has been dramatic change in Malta, and the people themselves have made the judgment.

We now have a new prime minister and new ministers who were not involved in the corruption at the time and who are now ploughing a new positive way forward.
Also I'm glad to say it's represented by a new delegation here of young, able, committed, honest people who are committed to seeing the way forward.

Because the voters used the system in Malta.

They used it to choose between candidates so that the right Labour candidates were chosen and between parties.

They returned a Labour government in Malta.

That government needs our support now.

I hope we can approve the report.


In doing so I hope we can take account of the representations from our excellent new delegation here and give Malta every encouragement and to continue in the path of reform that it has started so bravely.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you.

The next speaker is Ms Naomi CACHIA, from Malta.


Ms Naomi CACHIA (Malta, SOC): Mister President, It is a privilege to be here today amongst all of you participating in matters which pertain directly to my country.

6 Malta is the smallest EU member State and one of the smallest at the Council of Europe level.

We all hold a distinct sense of pride.

It is extremely significant for us to have such an important role in something so much larger than our small island.
I know that my country has been the focus of some attention at a European and international level.

Today we come bearing good news.

During the past month, the Maltese government has been unreservedly committed to enacting a series of wide-reaching reforms to strengthen our democratic and rule of law institutions.
From strengthening the independence of the justice system by changing our process of judicial appointments, making it by public call and in so removing any possible political interference, to changing the procedure of appointment of a number of critical positions, the Chief Justice and the President of Malta now require a two- thirds majority vote in Parliament.
The police commissioner is also now appointed by a public call and a hearing before the parliamentary public appointments committee, as well as reforms to the appointment of the commissioners of the permanent commission against corruption.

We've seen a 25% increase in the prosecution of money laundering as a stand-alone crime, and a 70% increase when accompanied by another offence.

The number of corruption-related prosecutions have also increased threefold in the past two years.
Mister President, I cannot possibly give a holistic overview of what the steps the Maltese government has undertaken in the past months and those which are in the pipeline in just three minutes, but I believe the message is clear.

I would like to thank the rapporteurs for a balanced report which acknowledges the progress that has been made and I will also unashamedly make the case for more recognition of Malta's efforts to better itself.
We welcome genuine criticism such as this resolution and being open to recognising how to better ourselves.

You make us stronger.

As a small nation we have always been driven by ambition, which is why we have grasped the opportunity to take on board and prioritise the various recommendations made to us in the past years.
This is extremely satisfactory to have our efforts recognised both by appears in this platform, and by other significant institutions such as the Financial Action Task Force as recently as last week.

I also want to make the case for this resolution to reflect the constitutional amendments made last year which put in place a gender-corrective mechanism, which means that our elections last March have given new life to our political system with the allocation of 12 additional seats for women.
Amendments without which I, for one, would not be here today as a member of parliament.

While I do believe that there is so much more to be done to strengthen women's representation, and also in our holistic efforts to improve our electoral system, I think we can agree that it is always a step in the right direction to have more women calling the shots.
To conclude, I stand here today speaking with pride, with satisfaction, and conviction, about my country and the government's intention to keep working to protect and uphold the fundamental values of human rights, democracy, and rule of law, values which unite us all.

Thank you very much.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you.

The next speaker is Mr Joseph Beppe FENECH ADAMI.

Mr Joseph Beppe FENECH ADAMI (Malta, EPP/CD): Thank you, Mister President.
It is my pleasure to address this Assembly this morning, discussing the resolution relating to the honouring of membership obligations to the Council of Europe by Malta.

This resolution acknowledges recent developments in Malta, which led to an increase in women's representation in the Maltese parliament.
Technology improvement in the selection process of members of the judiciary and emphasises that illegal immigration remains a challenge for our island which demands support and the sharing of the burden by all European States.

7 The resolution, however, highlights other matters.

The report shares the preoccupation of my party – the opposition party in Malta – with regard to the collapse of the rule of law and the culture of impunity which has taken over our country.
This report in front of us comes in the wake of the assassination of journalist Daphne Caruana Galizia in 2017.

It comes hot on the heels of the publication of the report of the public inquiry set up a good two years after the assassination of Daphne Caruana Galizia following pressure made by none other than the Council of Europe and so many other entities.

The public enquiry concluded that the Maltese state should shoulder the responsibility for the journalist's murder.
The state should acknowledge the grave shortcomings of the then Prime Minister Joseph Muscat's administration leading up to the 2017 car bombing.

Moreover, said enquiry concluded that the police and the relevant authorities should continue, or rather start, their investigations to ensure anyone – indeed everyone – involved in the assassination is held accountable.
Not withstanding the conclusions of the public enquiry, to date, not much progress has been made to ensure justice for Daphne Caruana Galizia, and moreover, justice for all the scandals of corruption exposed by the journalist.

To date, all government politicians and ex-politicians, including ministers and the next prime minister, under whose watch a hostile orchestrated atmosphere was created against Daphne Caruana Galizia have evaded justice.
Today, nearly five years after the assassination, the criminal proceedings against the alleged masterminds and executors linger on slowly in our criminal court with no end in sight.

It is in this context that I address the Parliamentary Assembly this morning.

The resolution in front of us highlights the situation of the Maltese members of parliament who to date are part-time members having to juggle between their primary employment and their parliamentary commitments.
Being a member of parliament myself, sitting on the opposition benches, I can attest on a first-hand basis as to the lack of resources and support members of parliament of Malta have with members sitting on the opposition benches having no resources and support in performing our duties primarily scrutinising the works of the executives, based on checks and balances.

This report also highlights the control the Prime Minister of Malta still has over the civil service.
Unfortunately, to date, the Maltese government lacks the political will to ensure that our civil service functions impartially away from partisan politics away from strict partisan decisions.

The report in front of us commends the progress made in recent reforms that have strengthened the position of the independence of the ombudsman, who performs an important institutional oversight of the authorities.

However, it regrets the limited follow-up given by Parliament to the executive.
Mister President, I share these concerns.

I conclude this short speech by congratulating the Maltese, the Monitoring Committee in the preparation of this report.

On our part, as the opposition in Malta, we shall continue our relentless work to ensure that all the values of the Council of Europe, foremost of which, the values of justice, transparency, accountability, good governance and the rules of law are enhanced by Malta as a member of the Council of Europe since 1965 Thank you so much.
Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you very much.

The next speaker is Sir Christopher CHOPE.

Sir Christopher CHOPE (United Kingdom, EC/DA): Mr President, Like most citizens of the United Kingdom, I've got immense respect and sympathy for Malta and the people of Malta.

We in the United Kingdom don't forget that Malta won the George Cross because of the immensely important part it played in the Second World War in helping to defeat Hitler and the Nazis.
Therefore it's sad to see the difficulties that Malta has faced, but it's very encouraging to follow two speakers from the Maltese Parliament and to know that there is, in a sense, a fresh approach now being taken.
8 I share very much the view of my colleague Lord George FOULKES, who's not in the same party as me, but I think that we should be respecting the democracy in Malta - it has shown that it's got resilience; it has elected a new parliament; and I hope that we can show our solidarity with the decision of the people in Malta by accepting Amendment No.
4, which is signed not only by the leader of the Maltese delegation, but also by a number of members of the Labour party in this Assembly What that Amendment seeks to do is to be less prescriptive.

Instead of calling upon the Maltese parliament to do various things, it encourages them to do various things.

The reason that I would support that Amendment is because I don't think we should be prescriptive.
Certainly from the United Kingdom experience, there could well be unintended consequences if, for example, you prevented all members of the parliament from having outside employment and other sources of employment, because that can create a dependency culture.

Actually it promotes what we're trying to stop - which is corruption by those in charge.
Similarly, I think that abolishing the constitutional requirement that stipulates that ministers must be members of parliament could again lead to unintended consequences.

There have been calls for that to happen in the United Kingdom, but they've so far sensibly been resisted.
Likewise, introducing public financing for political parties with a view to reducing their dependency on private donations - but again, that would be open to a lot of potential corruption, and the creation of what one might describe as "the blob" - which is a group of unelected bureaucrats dictating to the people quite often in defiance of the wishes of those people as set out in their democratic decisions, as we've heard about recently.
So I have massive sympathy for Malta and its people and its parliamentarians, but I don't think we should be undermining those parliamentarians.

We should be respecting them and I hope supporting the amendments.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you.

The next speaker is Mr Jacques LE NAY.


Mr Jacques LE NAY (France, ALDE): Mister President, I would like to thank our colleagues Mr Bernard FOURNIER and Mr George LOUCAIDES for this very complete report which allows us to take stock of the situation in Malta.

The murder of the journalist Daphne Caruana Galizia has left its mark on people's minds and highlighted the difficulties of journalists in this country.
Indeed, most of the private media are linked to a political party, and the public media are considered the voice of the government.

This limits the ability of journalists to investigate corruption in politics.

The investigation into the assassination, therefore, seemed to be off to a bad start.

Our Assembly passed a resolution calling for the crime to be fully investigated.
I am pleased to see that an independent public inquiry commission has been set up for this purpose, in accordance with our recommendations.

At the same time, the Maltese authorities have undertaken a number of reforms to remedy shortcomings in the functioning of institutions, including the independence of the judiciary.

While these reforms are welcome, they remain insufficient, as is the functioning of Parliament.
As the report points out, it appears necessary to limit the possibility of members of parliament holding secondary employment, in order to allow parliament to exercise genuine parliamentary control over the executive and to do so on a full-time basis.

In addition, public funding of political parties should be introduced to reduce their dependence on private donations, thereby reducing the risk of conflicts of interest and corruption.
Reforms to the judiciary should also be pursued to strengthen the independence and impartiality of judges.

The sense of impunity enjoyed by those close to political power must be eliminated.

These reforms appear to be truly indispensable in a country where the fight against corruption must be a permanent obsession because of the structure of the Maltese economy.

Indeed, gambling and financial services attract a lot of people who want to launder money.
9 Council of Europe bodies such as GRECO and MONEYVAL should be able to provide Malta with recommendations to combat corruption and money laundering.

At the same time, the Maltese authorities should reform the legislation against defamation, which is actually used today to silence journalists.

Indeed, freedom of the press is essential for the development of the rule of law.

The recommendations of our Assembly on this issue must be implemented.
I will, therefore, vote in favor of the draft resolution presented to us today.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you.

The next speaker is Mr Chris BONETT.

Mr Chris BONETT (Malta, SOC): Thank you, Mister President.

Dear Colleagues, I am proud and honoured to address you and this historic chamber for the first time as a Maltese representative.

I am very proud to be Maltese.


A country no larger than most villages in any other member States, with very limited resources, whose main resource was and still is the intellect, the resilience, and the strong will of its people.

Over centuries, this people has punched above its weight, fought for freedom in Europe, gained independence, freedom, and built a strong democracy.
A democracy which has led a small island to become a respected partner in supranational institutions, such as the United Nations, Council of Europe, and European Union.

I am here today representing a parliament, a government elected by these hard-working people.

A government that has been overwhelmingly confirmed in power recently with a clear mandate to carry on implementing reforms.
Where fundamental concepts such as the rule of law, the fight against financial crime, and the freedom of the press are at the heart and constitute the foundation for the country's legislative program for the next five years.
A government that, notwithstanding the Covid-19 pandemic and the current Russian aggression of Ukraine, is presiding over a strong economy with a growth of 7.6% of the national GDP recorded just last week, records unemployment level set at 3%, a strong welfare state where health and education are provided free of charge, and the country at the forefront and leading in recognition of civil liberties LGBTI rights and equality.

Of course, I know I don't live in a perfect country.
The homicide of journalist Daphne Caruana Galizia remains a black mark in the modern history of Malta.

As a government we are striving to use all our resources to strengthen our institutions and protect the right of journalists to speak and criticise the government without fear or interference.
To this end, since January 2020 we have strived to implement the recommendations made by esteemed institutions such as GRECO, the Venice Commission, and MONEYVAL, which have led to important reforms such as the strengthening of the financial intelligence analysis unit tasked with investigating cases of money laundering with maximum financial and personal resources.

Prime Minister Abela himself has seen it, willingly.

Powers that for decades were constitutionally exclusive to the Prime Minister.
Today, members of the judiciary are solely appointed by the judiciary.

The President of Malta in a couple of years time will be appointed by two thirds of parliament, and the commissioner of police was also appointed by parliament.

These and other reforms carried out in just two years have led to last Friday's decision by the FATF plenary to remove Malta from its grey list in less than a year.
Confirming that Malta has a serious and trustworthy jurisdiction, recognising the efforts of the government in swiftly tackling the issues at hand with the determination to make Maltese institutions stronger and better equipped to find money laundering and the funding of terrorism.

Although we are extremely satisfied with these results, we recognise that more needs to be done.
The government is determined to deliver on its commitments with the Council of Europe and the people of Malta, in particular the anti-SLAPP legislation and the removal of the obligation on journalists to pay court expenses at the initial stage of libel proceedings, laws which are expected to be tabled in parliament soon.
I hope we can have a mature debate where partisan convenience, as unfortunately has been the norm without opposition recent years, gives way to the objective realisation that our country really comes first and before anything else.

10 In the light of the work of my government and results achieved as recognised by the draft resolution, I am humbly requesting this hemicycle to recognise Malta's efforts in the past two years in implementing these reforms.
I plead with you to give us the impetus as our European Partners to feel your support, as we strive to modernise our country.

This is why I'm asking you to accept the amendments proposed.
These amendments are honestly accepting the fact that work indeed still needs to be done, which work we're committed to carry out, but it will also give us a resolution that recognises that the Malta we are witnessing today is a much stronger democracy, much stronger European partner, and a much stronger advocate for the rule of law.

Thank you very much.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): And the last speaker is Mr Frédéric REISS.
Mr Frédéric REISS (France, EPP/CD): Thank you, Mr President.

Distinguished colleagues, At the outset, I should like to thank the rapporteurs Mr. Bernard FOURNIER and Mr. George LOUCAIDES for their work aimed at the values of the Council of Europe being upheld in Malta.

As the previous speaker said, the assassination of Daphne Caruana Galizia, a journalist, is absolutely terrible and a number of reports have been tabled on this topic.
There's not just a culture of impunity: there's an institutional omertà.

PACE and the Venice Commission have highlighted shortcomings in the rule of law in Malta: The report on the independence of the judiciary, the way people are appointed to official positions ... that's highlighted in the report but it is not enough, what's really being done.

This is a threat in Maltese society.

The fact that parliament is part-time is a problem.

It limits legislative initiative and oversight over the executive.
It opens up opportunities for corruption, because of what parliamentarians might do in parallel to their elected office work.

Appointment procedures are often bypassed and many people still are appointed to public office for political reasons.

Furthermore, the Investment Law adopted in 2014 could give rise to money laundering and corruption.

Better anti-corruption controls are therefore absolutely vital; otherwise the very foundations of democracy in Malta could be undermined.
The media is another vulnerability: the freedom of information law is not implemented and journalists are regularly threatened and silenced by misuse of anti-defamation legislation.

The media is not pluralist and it is heavily polarised — too much.

The committee of experts working to strengthen media freedom is something we commend.
Last, but not least, a lot of work has been done on achieving gender equality, but much remains to be done, including the fact that abortion is banned, even in cases of rape and when the mother's health is at risk.

Thus, a lot remains to be done on women's rights.

I will be voting in favour of the resolution before us.

Thank you.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you, colleagues.

That concludes the list of speakers.


Now I call on Mr George LOUCAIDES and Mr Bernard FOURNIER, co-rapporteurs, to reply.

You have 5 minutes in total.

Mister Bernard FOURNIER, you have the floor.

Mr Bernard FOURNIER (France, EPP/CD, Co-Rapporteur): Thank you, Mister President.

11 I will only take the floor very briefly to thank very sincerely and very warmly the various colleagues who have spoken during this session and for the remarks they have made.
I note that most of the speakers are in favour of the report we are presenting to you.

This is a source of satisfaction for us, along with Mr George LOUCAIDES.

Several subjects have rightly come up during these discussions.

I note in particular the rights of women; the courage of Malta in welcoming migrants, a small country which is overwhelmed by the arrival of migrants and which does so in the best of conditions; freedom of the press also came up frequently in the discussions.
Then also, and perhaps I could end with this, the consolidation, in a way, of the mandate of deputy with the proposals that have been made.

Ladies and Gentlemen, This is what I simply wanted to add, since I sense a certain unanimity on the report that we are presenting to you with my colleague Mr George LOUCAIDES.

Mr George LOUCAIDES (Cyprus, UEL, Co-Rapporteur)*: I will pick up where Mr Bernard FOURNIER left off.
I would also like to thank everyone here in the room and also everyone who took part in our discussion and who provided their input, helping us to pinpoint all the various issues which are covered in the report - almost all of the issues, in fact.

I would like to focus on some of the points made by colleagues.

I will not be covering all of the topics, because most of the speakers actually dovetail nicely with what we said in the report at the outset.
A comment on LGBTQI persons: the situation in Malta is much better than what we have observed in other Council of Europe member States.

Malta could therefore set an example, so that hopefully we see progress on that front, and also we'd like to see progress on women's rights.

We still have a long way to go with regards to gender equality.

We heard some comments about the fact that many parliamentarians are also members of the government: it was said that this could give rise to conflicts of interest.
But we must be realistic about the situation in any country: we must take into account the reality on the ground in every country.

The situation in Malta is not the same as the situation on the United Kingdom.

A third of parliamentarians are also members of the government.

This could mean that 200 parliamentarians would be members of the government if this were a larger parliament in a larger country.

So we must also remain cognisant of the situation in each country.
Legislative initiative: the next topic.

There have been shortcomings which are persistent on this front.

Next: public financing.

We're not saying that parties should be funded solely by public funds.

We'd like to strike a balance between public and private financing.

This is something that GRECO has recommended.

In Malta, we'd like to see more public financing granted to political parties in order to strike that balance.

I think I will leave it there.


We fully agree with most of the things colleagues said.

I thank you once again for taking part in this debate.

I'd also like to welcome new members of the Maltese delegation.

Thank you for your co-operation.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Does the Vice-Chairperson of the Committee, Mr Samad SEYIDOV, wish to speak?

You have the floor.
You have the floor.

Mr Samad SEYIDOV (Azerbaijan, EC/DA, Vice-Chairperson of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)): Dear Mister Chair, 12 Dear Colleagues, It's really a great pleasure for the Monitoring Committee to present the report on the honouring of membership obligations by Malta.
This report has been prepared in the framework of the period review of the Monitoring Committee of the honouring of membership obligations by all Council of Europe member States.

The procedure ensures that the Assembly, through its Monitoring Committee, will monitor the honouring of membership obligations by all member States of the Council of Europe, and not only by those under a full monitoring procedure, which is very very important.
In their report, the two respectable rapporteurs have given an exacting overview of the functioning of the democratic and rule of law institutions in Malta.

They have highlighted the achievements, but also the challenges faced by these institutions, and have given recommendations to strengthen their functioning.

The rapporteurs have strived to give a balanced overview that considers the inputs of the different stakeholders and institutions they met during their visit to Malta last October.
I think, as a representative of the Committee, they have succeeded in this task.

I, therefore, ask you to support the resolution that is presented to you, and in particular, the recommendations that aim to strengthen the Maltese Parliament and its functioning, which is the core of the work of our Assembly.

Thank you, Mister President.


Vote: The honouring of membership obligations to the Council of Europe by Malta Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you, Mister Samad SEYIDOV.

Dear Colleagues, The Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) has presented a draft resolution to which 10 Amendments have been tabled.

They will be taken in the order in which they appear in the Compendium.
I remind you that the speeches and amendments are limited to 30 seconds.

I understand that the Vice-Chairperson of the Monitoring Committee wishes to propose to the Assembly that Amendment No.

2 to the draft resolution unanimously approved by the Committee should be declared as agreed by the Assembly.

Is that so?

Thank you very much.

Are there any objections?

There is no objection.

I declared that Amendment 2 to the draft resolution has been agreed.
Any amendment which has been rejected by the Committee seized for report by a two-thirds majority of the votes cast shall not be put to the vote in plenary and shall be declared as definitively rejected, unless ten or more members of the Assembly object.
I understand that the Vice-Chairperson of the Monitoring Committee which is to propose to the Assembly that Amendments 1, 3, 5, 6, 7, 8, and 9 to the draft resolution, which were rejected by the Committee with a two- thirds majority, be declared as rejected.

Is that so, Mister Samad SEYIDOV?

Thank you very much.

I declare these amendments – does anybody object?

As there is no objection: I declare the Amendments 1, 3, 5, 6, 7, 8, and 9 to the draft resolution rejected.
13 Dear Colleagues, I have received an Oral Amendment from Mr George LOUCAIDES which reads as follows: in Paragraph 1 after the words "findings by this commission", insert the words "published on 29 July 2021".

The president may accept an Oral Amendment on the grounds of promoting clarity, accuracy, or conciliation, if there is not opposition from 10 or more members to it being debated.

In my opinion, the Oral Amendment meets the criteria.

Is there any opposition to the Amendment being debated?
That is not the case.

I, therefore, call Mr George LOUCAIDES to support the Oral Amendment.

You have 30 seconds.

Mr George LOUCAIDES (Cyprus, UEL, Co-Rapporteur)*: Thank you, President.

What we would like is the date of the inquiry commission, the date related to that commission, to be included.

The commission inquiring on Daphne Caruana Galizia's assassination.

So, we are happy with the compromise solution.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you.
Does anyone wish to speak against the oral amendment?

No?

The Committee is obviously in favour.

I shall put the oral amendment to the vote.

The vote is open.

The vote is closed.

I call for the result to be displayed.

The oral amendment is agreed.

Oral Amendment 2.

I have received an oral amendment to the English version only, from Mr George LOUCAIDES, which reads as follows: In Paragraph 4 delete the words "calls upon" and insert "invites".
The President may accept an oral amendment on the grounds of promoting clarity, accuracy, or conciliation, and if there is no opposition from 10 or more members to it being debated, in my opinion, the oral amendment meets the criteria.

Is there any opposition to the amendment being debate?

That is not the case.

I therefore call Mr George LOUCAIDES to support the oral amendment.

You have 30 seconds.

Mr George LOUCAIDES (Cyprus, UEL, Co-Rapporteur)*: Thank you, Mister President.
Yes, here we have a proposal, a compromise proposal once again.

In the French version of this document, it says "invites".

What we'd like is for the English version to use the same terminology.

So, we'd like to replace "calls upon" and put "invites" instead.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): It sounds quite logical.

Does anyone wish to speak against?

14 That is not the case.

The Committee is in favour.

Thank you.

I shall now put the Oral Amendment to the vote.


The vote is open.

The vote is closed.

I call for the result to be displayed.

The Oral Amendment is agreed.

Amendment No.

10.

I call Ms Naomi CACHIA to support the Amendment.

You have 30 seconds.

Ms Naomi CACHIA (Malta, SOC): The changes in the Maltese Constitution which resulted in a gender- corrective mechanism, which allocated additional seats for women in Parliament, and we fell that this should be reflected in the text of the resolution.
Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you very much.

I have been informed that Mr George LOUCAIDES wishes to propose an Oral Sub-amendment as follows: delete the words "that has resulted in 12 additional seats for women, giving a total of 22 women out of 79 members of parliament".

In my opinion, the Oral Sub-amendment is in order under our rules; however, do 10 or more members object the Oral Sub-amendment?

No?
No?

I would like to ask Mr George LOUCAIDES to support his Sub-amendment, you have the floor.

Mr George LOUCAIDES (Cyprus, UEL, Co-Rapporteur): Thank you, Mister President.

We do agree with the proposal for amendment, but without getting into details.
The amendment should stay as follows: "The Assembly, however, welcomes the amendments to the Constitution to put in place a gender- corrective mechanism and its application following the general elections in March that have resulted in 12 additional seats for women."

There we should stop; not include the detail that they will be 22 out of 79.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you very much.

Does anyone wish to speak against the oral sub-amendment?

No.
No.

What is the opinion of the mover of the main amendment, Ms Naomi CACHIA?

In favour.

What is the opinion of the Committee?

Thank you.

The vote is open.

The vote is closed.

I call for the result to be displayed.

The oral sub-amendment is agreed.

We will now consider the main amendment.

15 Does anyone wish to speak against the amendment?

No.

What is the opinion of the Committee on the amendment?
Mr Samad SEYIDOV (Azerbaijan, EC/DA, Vice-Chairperson of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)): The Committee is in favour unanimously.

Mr Zsolt NÉMETH (Hungary, EC/DA, President of the Assembly): Thank you.

I shall put the amendment then to the vote.

The vote is open.

I close the vote.

Call for the result to be displayed.

Amendment 10 is agreed to.


We will now proceed to vote on the draft resolution contained in Document 15546 as amended.

The vote is open.

The vote is closed.

I call for the result to be displayed.

The draft resolution in Document 15546 is adopted.

Thank you very much, colleagues.

A big applause and thank you for your attention.

See you later.
See you later.

Debate: Ensuring accountability for the downing of flight MH17 Mr Tiny KOX (Netherlands, UEL, President of the Assembly): The next item of business is the debate on the Report titled “Ensuring accountability for the downing of flight MH17” (Doc.

15543) presented by Mr Titus CORLĂŢEAN on behalf of the Committee on Legal Affairs and Human Rights.
In order to finish in time for the address from His Majesty King Willem-Alexander of the Netherlands, I will interrupt the list of speakers at about 12:15 p.m. to allow time for the reply and the vote.

I especially welcome to our gallery a representation of the next of kin, who have worked hard for years to get justice done to them, and all these others who lost loved ones due to the Downing of MH17.

We are honoured that you are our guests here today.
I now call Mr CORLĂŢEAN, the rapporteur, to open the debate and to present this report.

You have 7 minutes, Mister CORLĂŢEAN.

Mr Titus CORLĂŢEAN (Romania, SOC, Rapporteur): Mister President, Colleagues, First of all I, myself, would like to welcome some of the families of the Dutch victims of the flight MH17, who are honouring us in being present today with us in the Parliamentary Assembly.
Colleagues, 16 Resolution 2451 (2022)1 Provisional version The honouring of membership obligations to the Council of Europe by Malta Parliamentary Assembly 1.

Malta became the 18th member State of the Council of Europe in 1965.

Recently it has been in the focus of attention of the international community, including the Parliamentary Assembly as a result of the assassination of anti-corruption journalist Daphne Caruana Galizia, and the authority’s response to it.
The Assembly reiterates its position taken in Resolution 2293 (2019) “Daphne Caruana Galizia’s assassination and the rule of law in Malta and beyond: ensuring that the whole truth emerges”.

It welcomes the establishment, on its recommendation, of an independent public inquiry commission.
It notes with concern the findings by this commission published on 29 July 2021 of malfunctioning democratic institutions in the country, and in particular its conclusion that there is a culture of impunity and institutional omerta in Malta.

The Assembly calls upon the Maltese authorities to continue their work and efforts to fully address the concerns and recommendations expressed in the report by the independent public inquiry commission.

2.
2.

The Assembly’s report on Daphne Caruana Galizia’s assassination, as well as the opinion of the European Commission for Democracy through Law (Venice Commission) on the constitutional arrangements for the separation of powers and independence of the judiciary, laid bare a systemic malfunctioning of democratic and rule of law institutions, and were a watershed moment for the country.
The Assembly therefore very much welcomes the reforms initiated by the authorities to address the shortcomings and recommendations made in these texts, especially with regard to the independence of the judiciary and appointment procedures for official positions.

While these reforms constitute marked progress, they only partially address the concerns and shortcomings that were noted.
In the view of the Assembly, a comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed.

This all the more important in the context of the deeply rooted political and social polarisation in Malta, which permeates nearly all aspects of the Maltese society and endangers the functioning of its democratic institutions.

3.
3.

The Assembly therefore welcomes the establishment, by the President of Malta, of a Constitutional Convention to formulate a reform of Malta’s constitutional framework, which will help assure that these reforms have wide support and acceptance in the Maltese society.

The Assembly encourages the authorities to ensure a broad and comprehensive consultation process, and to provide the Constitutional Convention with a clear mandate and strict timeframe to complete its work.
Malta’s Parliament consists of part-time members of parliament.

This undermines its capacity for 4. legislative initiative as well as its capacity to provide proper parliamentary oversight over the executive.

In addition, the need for members of parliament to have secondary employment increases the vulnerability of the parliament to corruption and conflicts of interest.

The Assembly therefore recommends a far-reaching reform Assembly debate on 23 June 2022 (23rd sitting) (see Doc.
15546, report of the Committee on the Honouring of 1.

Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), co-rapporteurs: Mr Bernard Fournier and Mr George Loucaides).

Text adopted by the Assembly on 23 June 2022 (23rd sitting).

https://pace.coe.int https://pace.coe.int Resolution 2451 (2022) of the Maltese Parliament with the aim of establishing a full-time parliament that can provide proper parliamentary oversight and regain legislative initiative.
In addition, the Assembly invites the Maltese Parliament to: considerably limit and circumscribe the possibility for, and types of, secondary employment by 4.1. members of parliament; define and delimit by law the list of allowed secondary functions, including in Officially Appointed 4.2.
Bodies, for members of parliament; abolish the constitutional requirement that stipulates that ministers must be members of 4.3. parliament; introduce public financing for political parties with a view to reduce their dependency on private 4.4. donations which have an inherent risk for conflicts of interest and corruption.

The Assembly welcomes the reforms that have been implemented with regard to the appointment 5. process of judges and magistrates.
These reforms have strengthened the system of checks and balances over this appointment process and reduced its vulnerability to politicisation.

This is a step forward with regard to strengthening the judiciary.

In this respect it particularly welcomes the strengthening of the role of the President in the appointment process while reducing the extensive and discretionary powers of the Prime Minister.
Given the increased powers of the President, his or her direct election by the Maltese citizens should be explored.

6.

The reform of the judicial appointment process, and the reform of the prosecution service, separating the function of State advocate from that of the Attorney General and removing the Attorney General from the Commission for the Administration of Justice are important steps to strengthen the independence and impartiality of the judiciary.
Another welcome development in that respect has been moving the responsibility for prosecuting most crimes from the police to the Attorney General.

At the same time, the Assembly encourages the authorities to implement further reforms as recommended by the Venice Commission and the Independent Public Inquiry Commission.

It reiterates that strengthening parliamentary oversight over the executive is essential in this respect.
In addition, the Assembly recommends that the parliament adopts the required legislation that ensures that acts that have been declared unconstitutional by the Constitutional Court immediately lose their legal force.

7.

Despite welcome reforms, the Prime Minister maintains considerable control over the civil service, which undermines the latter’s independence from political forces.
A key concern in this respect is the excessively high number of political appointees, also known as persons of trust, in Malta’s civil service, which are appointed bypassing the legal civil service appointments procedures.

The high number of political appointees, and lack of legal regulations governing these positions, increases the vulnerability of Malta’s civil service to conflicts of interest and cronyism.
Recent reforms have not sufficiently addressed this issue and the Assembly therefore urges the authorities to implement additional reforms with a view to legally limiting the appointment of persons of trust to a small number of clearly defined and regulated positions.

8.

The Assembly welcomes the recent reforms that have strengthened the position and independence of the Ombudsperson, who performs an important institutional oversight function over the authorities.
However, it regrets the lack of enforcement of the right of information of the Ombudsperson, and the limited follow up given by the parliament and executive to its reports, which weaken the efficient functioning of this important institution.

9.

A key concern for the Assembly is the continuing vulnerability of Malta’s public sector to corruption.
Despite the high perception of corruption there has been little visible response and a coherent overall strategy to prevent corruption in public institutions is lacking.

This has created a culture of impunity.

Overcoming this culture of impunity and institutional omerta is one of the key challenges facing the Maltese society and its democratic institutions and should be addressed as a matter of utmost priority.
In this respect, the Assembly: regrets the structural weaknesses that have limited the results and effectiveness of the 9.1.

Permanent Commission Against Corruption; 9.2. welcomes the establishment of the Commissioner for Standards in Public Life and the effective functioning of his Office.
The Assembly recommends the authorities to strengthen the powers and the resources given to the Commissioner for Standards in Public Life and to consider the further streamlining of anti-corruption institutions to avoid overlap and interference between them; 2 Resolution 2451 (2022) 9.3. recommends that the authorities further strengthen the Whistle-blowers Act to ensure that whistle-blowers that divulge their knowledge to the media are sufficiently protected, and to change the requirement that external whistle-blowers have to report to the Cabinet of Ministers Office to be granted immunity from prosecution, which can act as a barrier for civil servants to come forward and report fraud and corruption; deplores the structural lack of implementation and enforcement of the Freedom of Information 9.4.
Act that renders this law ineffective.

This needs to be addressed as a matter of urgency.

In this respect, it is important to underscore that a culture of transparency and openness cannot be achieved by legislation alone but also needs commensurate change of behaviour and attitude; is concerned about the vulnerability to corruption and money laundering of Malta’s “citizenship 9.5. by investment programme” and calls on Malta to abolish this programme.

10.
10.

The Assembly is deeply concerned about the polarised media environment and the challenges faced by the media, including direct threats to journalists, that negatively affect press freedom in Malta.

It therefore welcomes the recent establishment of a Committee of Experts on Media with a view to strengthening media freedom in Malta.
The abuse of anti-defamation legislation and Strategic Lawsuits Against Public Participation (SLAPPs) to silence journalists, is an issue of increasing concern that needs to be addressed as a matter of urgency.

11.

The Assembly is concerned that, despite considerable progress, gender inequality and stereotypes remain deeply rooted in the Maltese society.

Despite improvements in the legislation, representation of women in politics and government is still low.
The Assembly, however, welcomes the amendments to the Constitution to put in place a gender-corrective mechanism, and its application following the general elections in March that has resulted in 12 additional seats for women.

The Assembly therefore welcomes the new Equality Law that is before the parliament and encourages the parliament to adopt it without delay.
The Assembly notes that Malta is one of the very few Council of Europe member States to prohibit abortion entirely, including in cases of rape or danger to the life of the mother.

Reproductive rights and health are a key aspect of women rights that need to be improved in Malta as a matter of priority.

12.

The Assembly recognises that Malta is a Mediterranean frontline State with regard to irregular migrants and asylum seekers, whose numbers are very high in comparison to Malta’s small population.
The Assembly calls upon other European States to show commensurate solidarity with Malta in this respect.

At the same time, it urges the Maltese authorities to ensure that its responsibilities and human rights obligations with regard to irregular migrants and asylum seekers are fully honoured, and to step up efforts in this regard.

13.
13.

Malta faces important challenges to the functioning of its democratic and rule of law institutions, which, if left unaddressed, could affect the level of democratic consolidation in the country.

The Assembly welcomes the efforts of the Maltese authorities in this respect, but further reforms, in particular with regard to its institutional checks and balances and the fight against corruption are still needed.
It invites its Monitoring Committee to continue following the developments in the country and report back to the Assembly if the developments so warrant.

3 Doc.

15546 – Compendium of written amendments 22/06/2022 (Final version) The honouring of membership obligations to the Council of Europe by Malta Contents Page A.
Draft Resolution .......................................................................................................................................... 2 F - 67075 Strasbourg Cedex | Tel: +33 3 88 41 2000 | pace.coe.int https://pace.coe.int Amendment 1 Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Stefan SCHENNACH, Mr Didier MARIE, Ms Romilda BALDACCHINO ZARB, Ms Cressida GALEA the draft resolution, paragraph 1, In fifth sentence, replace the words "there is a culture of impunity", with the following words: "there existed a culture of impunity" Amendment 2 Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Stefan SCHENNACH, Mr Didier MARIE, Ms Romilda BALDACCHINO ZARB, Ms Cressida GALEA the draft resolution, paragraph 1, In last sentence, after the words "Maltese authorities", insert the following words: "to continue their work and efforts" Amendment 3 Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Stefan SCHENNACH, Mr Didier MARIE, Ms Romilda BALDACCHINO ZARB, Ms Cressida GALEA In the draft resolution, paragraph 2, fourth sentence, replace the words "a comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed", with the following words: "the comprehensive and holistic reform of Malta's democratic institutions and system of checks and balances is to remain a priority" Doc.
15546 (Draft Resolution) A.

Draft Resolution 1.

2.

3. taken Malta became the 18th member State of the Council of Europe in 1965.

Recently it has been in the focus of attention of the international community, including the Parliamentary Assembly as a result of the assassination of anti-corruption journalist Daphne Caruana Galizia, and the authority’s response to it.
The Assembly reiterates its in Resolution 2293 (2019) “Daphne position Caruana Galizia’s assassination and the rule of law in truth Malta and beyond: ensuring its emerges”.

It welcomes recommendation, of an inquiry commission.

It notes with concern the findings by this commission of malfunctioning democratic institutions in the country, and in particular its conclusion that there is a culture of impunity and institutional omerta in Malta.
The Assembly calls upon the Maltese authorities to fully address the concerns and recommendations expressed in the report by the independent public inquiry commission.
the establishment, on independent public the whole that initiated by through Law the authorities for Democracy The Assembly’s report on Daphne Caruana Galizia’s assassination, as well as the opinion of the European Commission (Venice Commission) on the constitutional arrangements for the separation of powers and independence of the judiciary, laid bare a systemic malfunctioning of democratic and rule of law institutions, and were a watershed moment for the country.
The Assembly therefore very much welcomes the reforms the shortcomings and recommendations made in these texts, especially with regard to the independence of the judiciary and appointment procedures for official positions.

While these reforms constitute marked progress, they only partially address the concerns and shortcomings that were noted.

In the view of the Assembly, a comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed.
This all the more important in the context of the deeply rooted political and social polarisation in Malta, which permeates nearly all aspects of the Maltese society and endangers the functioning of its democratic institutions.

to address The Assembly therefore welcomes the establishment, by the President of Malta, of a Constitutional Convention to formulate a reform of Malta’s constitutional framework, which will help assure that these reforms have wide support and acceptance in the Maltese society.
The Assembly encourages the authorities to ensure a broad and comprehensive consultation process, and to provide the Constitutional Convention with a clear mandate and strict timeframe to complete its work.

2 4.

4.1.

4.2.

4.3.

4.4.

5.

6.

7. its capacity Malta’s Parliament consists of part-time members of parliament.

This undermines its capacity for legislative initiative as well as to provide proper parliamentary oversight over the executive.
In addition, the need for members of parliament to have secondary employment increases the vulnerability of the parliament to corruption and conflicts of interest.

The Assembly therefore recommends a the Maltese Parliament with the aim of establishing a full-time parliament that can provide proper parliamentary oversight and regain legislative initiative.
In addition, the Assembly calls upon the Maltese Parliament to: far-reaching reform of considerably limit and circumscribe the possibility for, and types of, secondary employment by members of parliament; define and delimit by law the list of allowed secondary functions, including in Officially Appointed Bodies, for members of parliament; abolish the constitutional requirement that stipulates that ministers must be members of parliament; introduce public financing for political parties with a view to reduce their dependency on private donations which have an interest and corruption.
for conflicts of inherent risk reforms and magistrates.

These The Assembly welcomes the reforms that have been implemented with regard to the appointment process of judges have strengthened the system of checks and balances over this appointment process and reduced its vulnerability to politicisation.

This is a step forward with regard to strengthening the judiciary.
In this respect it particularly welcomes the strengthening of the role of the President in the appointment process while reducing the extensive and discretionary powers of the Prime Minister.

Given the increased powers of the President, his or her direct election by the Maltese citizens should be explored.
The reform of the judicial appointment process, and the reform of the prosecution service, separating the function of State advocate from that of the Attorney General and removing the Attorney General from the Commission for the Administration of Justice are important steps to strengthen the independence and impartiality of the judiciary.

Another welcome development in that respect has been moving the responsibility for prosecuting most crimes from the police to the Attorney General.
At the same time, the Assembly encourages the authorities to implement further reforms as recommended by the Venice Commission and Inquiry Commission.

It reiterates that strengthening parliamentary oversight over the executive is essential in this respect.

In addition, the Assembly recommends that the parliament adopts the required legislation that ensures that acts that have been declared unconstitutional by the Constitutional Court immediately lose their legal force.
Independent Public the Despite welcome reforms, the Prime Minister maintains the civil service, which considerable control over from political undermines independence latter’s the 3 (Draft Resolution) Doc.
15546 Amendment 4 Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Stefan SCHENNACH, Mr Kimmo KILJUNEN, Ms Romilda BALDACCHINO ZARB, Ms Cressida GALEA the draft resolution, paragraph 4, In last sentence, replace the words "calls upon" with the following word: "encourages" Amendment 5 Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Kimmo KILJUNEN, Mr Didier MARIE, Ms Romilda BALDACCHINO ZARB, Ms Cressida GALEA the draft resolution, paragraph 7, In first sentence, replace the word "undermines" with the following words: "may undermine" Amendment 6 Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Kimmo KILJUNEN, Ms Cressida GALEA, Ms Romilda BALDACCHINO ZARB the draft In sentence, vulnerability" with the following words: resolution, paragraph 9, the words replace first "continuing "continuing perceived vulnerability" Amendment 7 Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Kimmo KILJUNEN, Ms Cressida GALEA, Ms Romilda BALDACCHINO ZARB In the draft resolution, paragraph 9, replace the third and fourth sentences with the following sentence: "This is one of the key challenges facing the Maltese society and its democratic institutions and should be addressed as a matter of utmost priority."
Doc.

15546 (Draft Resolution) legal regulations governing forces.

A key concern in this respect is the excessively high number of political appointees, also known as persons of trust, in Malta’s civil service, which are appointed bypassing the legal civil service appointments procedures.

The high number of political appointees, and these positions, lack of increases the vulnerability of Malta’s civil service to conflicts of interest and cronyism.
Recent reforms have not sufficiently addressed this issue and the Assembly therefore urges the authorities to implement additional reforms with a view to legally limiting the appointment of persons of trust to a small number of clearly defined and regulated positions.

The Assembly welcomes the recent reforms that have strengthened the position and independence of the Ombudsperson, who performs an important institutional oversight function over the authorities.
However, it regrets the lack of enforcement of the right of information of the Ombudsperson, and the limited follow up given by the parliament and executive to its reports, which weaken the efficient functioning of this important institution.

A key concern for the Assembly is the continuing vulnerability of Malta’s public sector to corruption.
Despite the high perception of corruption there has been little visible response and a coherent overall strategy to prevent corruption in public institutions is lacking.

This has created a culture of impunity.

Overcoming this culture of impunity and institutional omerta is one of the key challenges facing the Maltese society and its democratic institutions and should be addressed as a matter of utmost priority.

In this respect, the Assembly: 8.

9.

9.1.


9.2. regrets the structural weaknesses that have limited the results and effectiveness of the Permanent Commission Against Corruption; welcomes the establishment of the Commissioner for Standards in Public Life and the effective functioning of his Office.

The Assembly recommends the authorities to strengthen the powers and the resources given to the Commissioner for Standards in Public Life and to consider 4 9.3.

9.4.

9.5.

10.

11.

(Draft Resolution) Doc.
15546 the further streamlining of anti-corruption institutions to avoid overlap and interference between them; recommends that the authorities further strengthen the Whistle-blowers Act to ensure that whistle-blowers that divulge their knowledge to the media are sufficiently protected, and to change the requirement that external whistle-blowers have to report to the Cabinet of Ministers Office to be granted immunity from prosecution, which can act as a barrier for civil servants to come forward and report fraud and corruption; lack of the structural deplores implementation and enforcement of the Freedom of Information Act that renders this law ineffective.
This needs to be addressed as a matter of urgency.

In this respect, it is important to underscore that a culture of transparency and openness cannot be achieved by legislation alone but also needs commensurate change of behaviour and attitude; is concerned about the vulnerability to corruption and money laundering of Malta’s “citizenship by investment programme” and calls on Malta this programme.
to abolish to threats journalists, including direct The Assembly is deeply concerned about the polarised media environment and the challenges faced by the media, that negatively affect press freedom in Malta.

It therefore welcomes the recent establishment of a Committee of Experts on Media with a view to strengthening media freedom in Malta.
The abuse of anti-defamation legislation and Strategic Lawsuits Against Public Participation (SLAPPs) to silence journalists, is an issue of increasing concern that needs to be addressed as a matter of urgency.

The Assembly is concerned that, despite considerable inequality and stereotypes remain progress, gender deeply the Maltese society.

Despite improvements in the legislation, representation of women in politics and government is still low.
The Assembly rooted in 5 Amendment 8 Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Didier MARIE, Ms Cressida GALEA, Ms Romilda BALDACCHINO ZARB In the draft resolution, paragraph 9.5, replace the word "vulnerability" with the following words: "perceived vulnerability".
Amendment 9 Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Didier MARIE, Ms Cressida GALEA, Ms Romilda BALDACCHINO ZARB In the draft resolution, paragraph 9.5, replace the words the "abolish following words: this programme" with "continue taking all necessary steps to tackle any risk brought about by this programme" Amendment 10 Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Didier MARIE, Ms Doc.
15546 (Draft Resolution) therefore welcomes the new Equality Law that is before the parliament and encourages the parliament to adopt it without delay.

The Assembly notes that Malta is one of the very few Council of Europe member States to prohibit abortion entirely, including in cases of rape or danger to the life of the mother.

Reproductive rights and health are a key aspect of women rights that need to be improved in Malta as a matter of priority.
Cressida GALEA, Ms Romilda BALDACCHINO ZARB In the draft resolution, paragraph 11, after the second sentence, insert the following sentence: the "The Assembly, however, welcomes amendments to the Constitution to put in place a gender-corrective its application following the general elections in March that has resulted in 12 additional seats for women, giving a total of 22 women MPs out of 79 members of Parliament."

mechanism, and 12.

13.


The Assembly recognises that Malta is a Mediterranean frontline State with regard to irregular migrants and asylum seekers, whose numbers are very high in comparison to Malta’s small population.

The Assembly calls upon other European States to show commensurate solidarity with Malta in this respect.
At the same time, it urges its responsibilities and human rights obligations with regard to fully irregular migrants and asylum seekers are honoured, and to step up efforts in this regard.

the Maltese authorities to ensure that the Malta faces important challenges to the functioning of its democratic and rule of law institutions, which, if left unaddressed, could affect level of democratic consolidation in the country.
The Assembly welcomes the efforts of the Maltese authorities in this respect, but further reforms, in particular with regard to its institutional checks and balances and the fight against corruption are still needed.

It invites its Monitoring Committee to continue following the developments in the country and report back to the Assembly if the developments so warrant.

6 7/5/22, 3:35 PM Doc.


15546: compendium of written amendments (Final version) The honouring of membership obligations to the Council of Europe by Malta Doc.

15546: compendium of written amendments | Doc.


15546 | 22/06/2022 | Final version  Compendium index Amendment 1  Amendment 2  Amendment 3  Amendment 4 Amendment 5  Amendment 6  Amendment 7  Amendment 8  Amendment 9  Amendment 10  Caption:  Adopted  Rejected  Withdrawn  No electronic votes A  Draft Resolution 1 Malta became the 18th member State of the Council of Europe in 1965.
Recently it has been in the focus of attention of the international community, including the Parliamentary Assembly as a result of the assassination of anti-corruption journalist Daphne Caruana Galizia, and the authority’s response to it.

The Assembly reiterates its position taken in Resolution 2293 (2019) “Daphne Caruana Galizia’s assassination and the rule of law in Malta and beyond: ensuring that the whole truth emerges”.
It welcomes the establishment, on its recommendation, of an independent public inquiry commission.

It notes with concern the findings by this commission of malfunctioning democratic institutions in the country, and in particular its conclusion that there is a culture of impunity and institutional omerta in Malta.

The Assembly calls upon the Maltese authorities to fully address the concerns and recommendations expressed in the report by the independent public inquiry commission.
Amendment 1  Amendment 2   22 June 2022  Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Stefan SCHENNACH, Mr Didier MARIE, Ms Romilda BALDACCHINO ZARB, Ms Cressida GALEA In the draft resolution, paragraph 1, fifth sentence, replace the words "there is a culture of impunity", with the following words: "there existed a culture of impunity"  E X P L A N A T O R Y N O T E The public inquiry into the assassination of Daphne Caruana Galizia published its report on 29 July 2021.The Board of the Public Inquiry made several recommendations, some of which will require time to be fully assessed and implemented.
However work to implement these recommendations has already begun, alongside other reforms.

2 The Assembly’s report on Daphne Caruana Galizia’s assassination, as well as the opinion of the European Commission for Democracy through Law (Venice Commission) on the constitutional arrangements for the separation of powers and independence of the judiciary, laid bare a systemic malfunctioning of democratic and rule of law institutions, and were a watershed moment for the country.
The Assembly therefore very much welcomes the reforms initiated by the authorities to address the shortcomings and recommendations made in these texts, especially with regard to the independence of the judiciary and appointment procedures for official positions.

While these reforms constitute marked progress, they only partially address the concerns and shortcomings that were noted.
In the view of the Assembly, a comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed.

This all the more important in the context of the deeply rooted political and social polarisation in Malta, which permeates nearly all aspects of the Maltese society and endangers the functioning of its democratic institutions.
Amendment 3   22 June 2022  Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Stefan SCHENNACH, Mr Didier MARIE, Ms Romilda BALDACCHINO ZARB, Ms Cressida GALEA https://pace.coe.int/en/files/30066/compendium 1/4 7/5/22, 3:35 PM Doc.
15546: compendium of written amendments (Final version) In the draft resolution, paragraph 2, fourth sentence, replace the words "a comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed", with the following words: "the comprehensive and holistic reform of Malta's democratic institutions and system of checks and balances is to remain a priority"  E X P L A N A T O R Y N O T E Government has already begun to implement a number of wide-reaching and unprecedented reforms with the aim of strengthening Malta's democratic institutions and good governance, as recently confirmed by the Financial Action Task Force, and this commitment should be reflected in the text of the resolution.
3 The Assembly therefore welcomes the establishment, by the President of Malta, of a Constitutional Convention to formulate a reform of Malta’s constitutional framework, which will help assure that these reforms have wide support and acceptance in the Maltese society.

The Assembly encourages the authorities to ensure a broad and comprehensive consultation process, and to provide the Constitutional Convention with a clear mandate and strict timeframe to complete its work.
4 Malta’s Parliament consists of part-time members of parliament.

This undermines its capacity for legislative initiative as well as its capacity to provide proper parliamentary oversight over the executive.

In addition, the need for members of parliament to have secondary employment increases the vulnerability of the parliament to corruption and conflicts of interest.
The Assembly therefore recommends a far-reaching reform of the Maltese Parliament with the aim of establishing a full-time parliament that can provide proper parliamentary oversight and regain legislative initiative.
In addition, the Assembly calls upon the Maltese Parliament to: Amendment 4  22 June 2022  Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Stefan SCHENNACH, Mr Kimmo KILJUNEN, Ms Romilda BALDACCHINO ZARB, Ms Cressida GALEA In the draft resolution, paragraph 4, last sentence, replace the words "calls upon" with the following word: "encourages" 4 .
1 considerably limit and circumscribe the possibility for, and types of, secondary employment by members of parliament; 4 .

2 define and delimit by law the list of allowed secondary functions, including in Officially Appointed Bodies, for members of parliament; 4 .

3 abolish the constitutional requirement that stipulates that ministers must be members of parliament; 4 .
4 introduce public financing for political parties with a view to reduce their dependency on private donations which have an inherent risk for conflicts of interest and corruption.

5 The Assembly welcomes the reforms that have been implemented with regard to the appointment process of judges and magistrates.

These reforms have strengthened the system of checks and balances over this appointment process and reduced its vulnerability to politicisation.
This is a step forward with regard to strengthening the judiciary.

In this respect it particularly welcomes the strengthening of the role of the President in the appointment process while reducing the extensive and discretionary powers of the Prime Minister.

Given the increased powers of the President, his or her direct election by the Maltese citizens should be explored.
6 The reform of the judicial appointment process, and the reform of the prosecution service, separating the function of State advocate from that of the Attorney General and removing the Attorney General from the Commission for the Administration of Justice are important steps to strengthen the independence and impartiality of the judiciary.

Another welcome development in that respect has been moving the responsibility for prosecuting most crimes from the police to the Attorney General.
At the same time, the Assembly encourages the authorities to implement further reforms as recommended by the Venice Commission and the Independent Public Inquiry Commission.

It reiterates that strengthening parliamentary oversight over the executive is essential in this respect.

In addition, the Assembly recommends that the parliament adopts the required legislation that ensures that acts that have been declared unconstitutional by the Constitutional Court immediately lose their legal force.
7 Despite welcome reforms, the Prime Minister maintains considerable control over the civil service, which undermines the latter’s independence from political forces.

A key concern in this respect is the excessively high number of political appointees, also known as persons of trust, in Malta’s civil service, which are appointed bypassing the legal civil service appointments procedures.

The high number of political https://pace.coe.int/en/files/30066/compendium 2/4 7/5/22, 3:35 PM Doc.
15546: compendium of written amendments (Final version) appointees, and lack of legal regulations governing these positions, increases the vulnerability of Malta’s civil service to conflicts of interest and cronyism.

Recent reforms have not sufficiently addressed this issue and the Assembly therefore urges the authorities to implement additional reforms with a view to legally limiting the appointment of persons of trust to a small number of clearly defined and regulated positions.
Amendment 5   22 June 2022  Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Kimmo KILJUNEN, Mr Didier MARIE, Ms Romilda BALDACCHINO ZARB, Ms Cressida GALEA In the draft resolution, paragraph 7, first sentence, replace the word "undermines" with the following words: "may undermine" 8 The Assembly welcomes the recent reforms that have strengthened the position and independence of the Ombudsperson, who performs an important institutional oversight function over the authorities.
However, it regrets the lack of enforcement of the right of information of the Ombudsperson, and the limited follow up given by the parliament and executive to its reports, which weaken the efficient functioning of this important institution.

9 A key concern for the Assembly is the continuing vulnerability of Malta’s public sector to corruption.
Despite the high perception of corruption there has been little visible response and a coherent overall strategy to prevent corruption in public institutions is lacking.

This has created a culture of impunity.

Overcoming this culture of impunity and institutional omerta is one of the key challenges facing the Maltese society and its democratic institutions and should be addressed as a matter of utmost priority.
In this respect, the Assembly: Amendment 6  Amendment 7   22 June 2022  Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Kimmo KILJUNEN, Ms Cressida GALEA, Ms Romilda BALDACCHINO ZARB In the draft resolution, paragraph 9, first sentence, replace the words "continuing vulnerability" with the following words: "continuing perceived vulnerability" 9 .
1 regrets the structural weaknesses that have limited the results and effectiveness of the Permanent Commission Against Corruption; 9 .

2 welcomes the establishment of the Commissioner for Standards in Public Life and the effective functioning of his Office.
The Assembly recommends the authorities to strengthen the powers and the resources given to the Commissioner for Standards in Public Life and to consider the further streamlining of anti-corruption institutions to avoid overlap and interference between them; 9 .
3 recommends that the authorities further strengthen the Whistle-blowers Act to ensure that whistle-blowers that divulge their knowledge to the media are sufficiently protected, and to change the requirement that external whistle-blowers have to report to the Cabinet of Ministers Office to be granted immunity from prosecution, which can act as a barrier for civil servants to come forward and report fraud and corruption; 9 .
4 deplores the structural lack of implementation and enforcement of the Freedom of Information Act that renders this law ineffective.

This needs to be addressed as a matter of urgency.

In this respect, it is important to underscore that a culture of transparency and openness cannot be achieved by legislation alone but also needs commensurate change of behaviour and attitude; 9 .
5 is concerned about the vulnerability to corruption and money laundering of Malta’s “citizenship by investment programme” and calls on Malta to abolish this programme.
Amendment 8  Amendment 9   22 June 2022  Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Didier MARIE, Ms Cressida GALEA, Ms Romilda BALDACCHINO ZARB In the draft resolution, paragraph 9.5, replace the word "vulnerability" with the following words: "perceived vulnerability".

https://pace.coe.int/en/files/30066/compendium 3/4 7/5/22, 3:35 PM Doc.
15546: compendium of written amendments (Final version) 1 0 The Assembly is deeply concerned about the polarised media environment and the challenges faced by the media, including direct threats to journalists, that negatively affect press freedom in Malta.

It therefore welcomes the recent establishment of a Committee of Experts on Media with a view to strengthening media freedom in Malta.
The abuse of anti-defamation legislation and Strategic Lawsuits Against Public Participation (SLAPPs) to silence journalists, is an issue of increasing concern that needs to be addressed as a matter of urgency.

1 1 The Assembly is concerned that, despite considerable progress, gender inequality and stereotypes remain deeply rooted in the Maltese society.

Despite improvements in the legislation, representation of women in politics and government is still low.
The Assembly therefore welcomes the new Equality Law that is before the parliament and encourages the parliament to adopt it without delay.

The Assembly notes that Malta is one of the very few Council of Europe member States to prohibit abortion entirely, including in cases of rape or danger to the life of the mother.

Reproductive rights and health are a key aspect of women rights that need to be improved in Malta as a matter of priority.
Amendment 10   22 June 2022  Tabled by Ms Naomi CACHIA, Mr Domagoj HAJDUKOVIĆ, Mr Gerardo GIOVAGNOLI, Mr Chris BONETT, Lord George FOULKES, Lord Leslie GRIFFITHS, Mr Didier MARIE, Ms Cressida GALEA, Ms Romilda BALDACCHINO ZARB  Votes:  80 in favor  0 against  1 abstention In the draft resolution, paragraph 11, after the second sentence, insert the following sentence: "The Assembly, however, welcomes the amendments to the Constitution to put in place a gender-corrective mechanism, and its application following the general elections in March that has resulted in 12 additional seats for women, giving a total of 22 women MPs out of 79 members of Parliament."
1 2 The Assembly recognises that Malta is a Mediterranean frontline State with regard to irregular migrants and asylum seekers, whose numbers are very high in comparison to Malta’s small population.

The Assembly calls upon other European States to show commensurate solidarity with Malta in this respect.
At the same time, it urges the Maltese authorities to ensure that its responsibilities and human rights obligations with regard to irregular migrants and asylum seekers are fully honoured, and to step up efforts in this regard.

1 3 Malta faces important challenges to the functioning of its democratic and rule of law institutions, which, if left unaddressed, could affect the level of democratic consolidation in the country.
The Assembly welcomes the efforts of the Maltese authorities in this respect, but further reforms, in particular with regard to its institutional checks and balances and the fight against corruption are still needed.

It invites its Monitoring Committee to continue following the developments in the country and report back to the Assembly if the developments so warrant.

https://pace.coe.int/en/files/30066/compendium 4/4 Vote on Oral Amendment - Doc.
15546 Assembly's voting results The honouring of membership obligations to the Council of Europe by Malta 68 in favor, 1 against, 3 abstentions All participants in the vote Voting choice Member Country Political group Ms Th6rhildur Sunna A:VARSDOTTIR Iceland Portugal Romania Monaco Croatia Latvia Netherlands Ukraine Netherlands Malta Liechtenstein Switzerland Croatia TOrkiye Malta Abstention Mr Jose BADIA Ms Isabel ALVES MOREIRA Mr Alin-Gabriel APOSTOL Ms Marijana BALIC Ms Krista BAUMANE Mr Caspar Van den BERG Ms Larysa BILOZIR Ms Margreet De BOER Mr Chris BONETT Mr Mladen BOSIG Mr Hubert BOCHEL Abstention Mr Roland Rino BOCHEL Ms Zdravka BUSIC MrAhmetBOYOKGOMO$ Ms Naomi CACHIA In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour Ms Karin BROUWERS Belgium EPP/CD Ms Reina de BRUIJN-WEZEMAN Netherlands Bosnia and Herzegovina EPP/CD Ms Marina CAROBBIO G USCETTI Switzerland Ms Laura CASTEL Mr Pedro CEGONHO Mr Ahmet Onal CEVIKOZ Spain Portugal TOrkiye Sir Christopher CHOPE United Kingdom Ms Lise CHRISTOFFERSEN Norway MsAima COLO Bosnia and Herzegovina EPP/CD Mr Titus CORLATEAN Romania soc soc soc ALOE EPP/CD EPP/CD ALOE ALOE ALOE soc soc ALOE ALOE ALOE EPP/CD NR soc soc UEL soc soc EC/DA soc Voting choice Member Ms Marie-Christine DALLOZ Ms Edite ESTRELA Mr Joseph Beppe FENECH ADAMI Ms Tarja FILATOV Country France Portugal Malta Finland Lord George FOULKES United Kingdom Mr Bernard FOURNIER Mr Hannes GERMANN France Switzerland Lord Leslie GRIFFITHS United Kingdom Mrlon GROZA Republic of Moldova Mr Niklaus-Samuel GUGGER Switzerland Abstention Ms Emine Nur GONAY Mr Domagoj HAJDUKOVIC Turkiye Croatia Ms Franziska HOOP Liechtenstein Ms lnka HOPSU Mr Rafael HUSEYNOV Mr Mogens JENSEN Mr Bjarni J6NSSON Mr Haluk KOc;: Ms Elvira KOVACS Mr Jacques LE NAY Ms Carmen LEYTE Mr Gianni MAR I LOTTI Ms Mariia MEZENTSEVA Ms Dumitrina MITREA Mr Paulo
 MONIZ Ms Marica MONTEMAGGI Ms Mariella MULARONI Mr Sorin-Titus MUNCACIU Mr Dmytro NATALUKHA Ms Konul NURULLAYEVA Mr Bob van PARER EN Mr Gianluca PERILLI Mr Paulo PISCO Mr Roberto RAM PI Mr Frederic REISS Finland Azerbaijan Denmark Iceland Turkiye Serbia France Spain Italy Ukraine Romania Portugal San Marino San Marino Romania Ukraine Azerbaijan Netherlands Italy Portugal Italy France In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour Political group EPP/CD soc EPP/CD soc soc EPP/CD ALOE soc EPP/CO EPP/CD NR soc ALOE soc ALOE soc UEL soc EPP/CO ALOE EPP/CO soc EPP/CO EC/DA EPP/CO soc EPP/CO EC/DA EC/OA EC/DA EC/OA soc soc soc EPP/CO Voting choice Member In favour Ms Catarina ROCHA FERREIRA Country Portugal In favour Lord Simon RUSSELL United Kingdom In favour In favour In favour In favour In favour In favour In favour Ms lngjerd SCHOU Ms Lise SELNES Mr Samad SEYIDOV Mr Serhii SOBOLI EV Ms Petra STIENEN Mr Vladimir VARDANYAN Ms Lesia VASYLENKO In favour Mr Morten WOLD Against Mr Ahmet YI LDIZ Norway Norway Azerbaijan Ukraine Netherlands Armenia Ukraine Norway Turkiye Political group EPP/CD EC/DA EPP/CD soc EC/DA EPP/CD ALOE EPP/CD ALOE EC/DA NR Vote on Amendment 10 - Doc.
15546 Assembly's voting results The honouring of membership obligations to the Council of Europe by Malta 80 in favor, 0 against, 1 abstention All participants in the vote Voting choice Member In favour In favour In favour In favour Ms Th6rhildur Sunna A:VARSD6TTIR Ms Isabel ALVES MOREIRA Mr Alin-Gabriel APOSTOL Ms Nigar ARPADARAI Abstention Mr Jose BADIA Ms Marijana BALIC Ms Krista BAUMANE Mr Caspar Van den BERG Ms Larysa BILOZIR M s Margreet De BOER Mr Chris BONETT Mr Mladen BOSIG Country Iceland Portugal Romania Azerbaijan Monaco Croatia Latvia Netherlands Ukraine Netherlands Malta Political group soc soc ALOE EC/DA EPP/CD EPP/CD ALOE ALOE ALOE soc soc Bosnia and Herzegovina EPP/CD Ms Karin BROUWERS Belgium Ms Reina de BRUIJN-WEZEMAN Netherlands Mr Roland Rino BOCHEL Switzerland Ms Zdravka BUSIC MrAhmetBOYOKGOMO~ In favou r Ms Naomi CACHIA Ms Laura CASTEL Mr Pedro CEGONHO In favour Mr Ahmet Onal <;EVIKOZ Croatia Turkiye Malta Spain Portugal Turkiye Ms Marina CAROBB IO GUSCETTI Switzerland Sir Christopher CHOPE United Kingdom M s Lise CHRISTOFFERSEN Norway MsAima COLO Bosnia and Herzegovina EPP/CD In favour Mr Titus CORLATEAN Romania soc EPP/CD ALOE ALOE EPP/CD NR soc soc UEL soc soc EC/DA soc In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour Voting choice Member In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour Ms Marie-Christine DALLOZ Ms Edite ESTRELA Mr Joseph Beppe FENECH ADAMI Ms Tarja FILATOV Country France Portugal Malta Finland Lord George FOULKES United Kingdom Mr Bernard FOURNIER Mr Hannes GERMANN France Switzerland Lord Leslie GRIFFITHS United Kingdom Mr Jon GROZA Republic of
 Moldova Mr Niklaus-Samuel GUGGER Switzerland Ms Emine Nur GO NAY Mr Domagoj HAJDUKOVIC Ms Franziska HOOP Mr Rafael HUSEYNOV Mr Mogens JENSEN Mr Bjarni J6NSSON Mr George KATROUGALOS Ms Olena KHOMENKO Ms Lisa Marie Ness KLUNGLAND Mr Haluk KO<; Ms Elvira KOVACS Mr Jacques LE NAY Ms Carmen LEYTE Mr Andrii LOPUSHANSKYI Mr Gianni MARILOTTI Ms Luz MARTINEZ SEIJO Ms Isabel MEIRELLES Ms Mariia MEZENTSEVA Ms Dumitrina MITREA Mr Paulo MON IZ Ms Marica MONTEMAGGI Ms Mariella MULARONI Mr Sarin-Titus MUNCACIU Mr Omytro NATALUKHA Ms Konul NURULLAYEVA Turkiye Croatia Liechtenstein Azerbaijan Denmark Iceland Greece Ukraine Norway Turkiye Serbia France Spain Ukraine Italy Spain Portugal Ukraine Romania Portugal San Marino San Marino Romania Ukraine Azerbaijan Political group EPP/CD soc EPP/CD soc soc EPP/CD ALOE soc EPP/CD EPP/CD NR soc ALOE ALOE soc UEL UEL EC/DA ALOE soc EPP/CD ALOE EPP/CD ALOE soc soc EPP/CD EPP/CD EC/DA EPP/C D soc EPP/CD EC/DA EC/DA EC/DA Voting choice Member In favour In favour Mr Bob van PAREREN Mr Gianluca PERILLI Country Netherlands Italy Political group EC/DA soc In favour Mr Mihail POPSOI Republic of Moldova EPP/CD In favour Mr Roberto RAMP I In favour Mr Frederic REISS Italy France Portugal In favour In favour Ms Catarina ROCHA FERREIRA Lord Simon RUSSELL United Kingdom In favour Ms lngjerd SCHOU In favour Ms Lise SELNES In favour In favour In favour In favour In favour In favour Mr Samad SEYIDOV Mr Serhii SOBOLIEV Ms Petra STIENEN Mr Birgir TH6RARINSSON Ms Nicole TRISSE Mr Vladimir VARDANYAN In favour Ms Lesia VASYLENKO In favour Mr Morten WOLD In favour In favour In favour Mr Ahmet YILDIZ Ms Zeynep YILDIZ Ms Lesia ZABURANNA Norway Norway Azerbaijan Ukraine Netherlands Iceland France Armenia Ukraine Norway Turkiye Turkiye Ukraine soc EPP/CD EPP/CD EC/DA EPP/CD soc EC/DA EPP/CD ALOE EPP/CD ALOE EPP/CD ALOE EC/DA NR NR ALOE Vote on Oral Amendment - Doc.
15546 Assembly's voting results The honouring of membership obligations to the Council of Europe by Malta 73 in favor, 2 against, 2 abstentions All participants in the vote Voting choice Member In favour In favour In favour In favour Ms Th6rhildur Sunna .LEVARSDOTTIR Ms Isabel ALVES MOREIRA Mr Alin-Gabriel APOSTOL Ms Nigar ARPADARAI Against Mr Jose BADIA In favour Ms Marijana BALIC In favour Ms Krista BAUMANE In favour In favour In favour Mr Caspar Van den BERG Ms Larysa BILOZIR Ms Margreet De BOER In favour Mr Chris BONETT Country Iceland Portugal Romania Azerbaijan Monaco Croatia Latvia Netherlands Ukraine Netherlands Malta In favour Mr Mladen BOSIC Bosnia and Herzegovina In favour In favour Ms Karin BROUWERS Belgium Ms Reina de BRUIJN-WEZEMAN Netherlands In favour Mr Hubert BOCHEL In favour In favour In favour Mr Roland Rino BOCHEL Ms Zdravka BUSIC MrAhmetBOYOKGOMO$ In favour Ms Naomi CACHIA In favour In favour In favour Ms Laura CASTEL Mr Pedro CEGONHO Mr Ahmet Onal c;EVIKOZ Liechtenstein Switzerland Croatia Turkiye Malta Spain Portugal Turkiye In favour Sir Christopher CHOPE United Kingdom Political group soc soc ALOE EC/DA EPP/CD EPP/CD ALOE ALOE ALOE soc soc EPP/CD EPP/CD ALOE ALOE ALOE EPP/CD NR soc UEL soc soc EC/DA soc In favour In favour In favour Ms Lise CHRISTOFFERSEN Norway MsAima COLO Bosnia and Herzegovina EPP/CD Mr Titus CORLATEAN Romania soc Voting choice Member Ms Marie-Christine DALLOZ Ms Edite ESTRELA Mr Joseph Beppe FENECH ADAM I Ms Tarja FILATOV Country France Portugal Malta Finland Lord George FOULKES United Kingdom Mr Bernard FOURNIER Mr Hannes GERMANN France Switzerland Lord Leslie GRIFFITHS United Kingdom Mr lon GROZA Republic of Moldova Mr Niklaus-Samuel GUGGER Switzerland In favour In favour In favour In favour In favour In favour In favour In favour In favour Against In favour In favour Abstention Ms Emine Nur GO NAY Mr Domagoj HAJDUKOVIC Turkiye Croatia Ms Franziska HOOP Liechtenstein Abstention Ms lnka HOPSU In favour In favour In favour In favour In favour In favour In favour In
 favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour Mr Rafael HUSEYNOV Mr Mogens JENSEN Mr Bjarni J6NSSON Ms Olena KHOMENKO Ms Lisa Marie Ness KLUNGLAND Mr Haluk KO<; Ms Elvira KOVACS Mr Jacques LE NAY Ms Carmen LEYTE Mr Gianni MARILOTII M s Isabel MEIRELLES Ms Mariia MEZENTSEVA Ms Dumitrina MITREA Mr Paulo MONIZ M s Marica MONTEMAGGI Ms Mariella MULARONI Mr Sarin-Titus MUNCACIU Mr Dmytro NATALUKHA Ms Konul NURULLAYEVA Mr Bob van PAREREN Mr Gianluca PERILLI Finland Azerbaijan Denmark Iceland Ukraine Norway Turkiye Serbia France Spain Italy Portugal Ukraine Romania Portugal San Marino San Marino Romania Ukraine Azerbaijan Netherlands Italy Political group EPP/CD soc EPP/CD soc soc EPP/CD ALDE soc EPP/CD EPP/CD NR soc ALOE soc ALDE soc UEL EC/DA ALDE soc EPP/CD ALDE EPP/CD soc EPP/CD EPP/CD EC/DA EPP/CD soc EPP/CD EC/DA EC/DA EC/DA EC/DA soc Ms Catarina ROCHA FERREIRA Lord Simon RUSSELL United Kingdom Voting choice Member In favour Mr Paulo PISCO In favour In favour Mr Mihail POPSOI Mr Roberto RAM PI In favour Mr Frederic REISS In favour In favour In favou r Ms lngjerd SCHOU In favour Ms Lise SELNES In favour Mr Samad SEYIDOV In favour Mr Serhii SOBOLI EV In favour Ms Petra STIENEN In favour Mr Attila TILKI In favour Mr Vladimir VARDANYAN In favour Ms Lesia VASYLENKO In favour Mr Morten WOLD In favour Mr Ahmet YILDIZ Country Portugal Political group soc Republic of Moldova EPP/CD Italy France Portugal Norway Norway Azerbaijan Ukraine Netherlands Hungary Armenia Ukraine Norway Turkiye soc EPP/CD EPP/CD EC/DA EPP/CD soc EC/DA EPP/CD ALOE EC/DA EPP/CD ALOE EC/DA NR Vote on Oral Sub-amendment - Doc.
15546 Assembly's voting results The honouring of membership obligations to the Council of Europe by Malta 78 in favor, 1 against, 1 abstention All participants in the vote Voting choice Member In favour In favour In favour In favour In favour In favour In favour In favour In favour Ms Th6rhildur Sunna fEVARSD6TTIR Ms Isabel ALVES MOREIRA Mr Alin-Gabriel APOSTOL Ms Nigar ARPADARAI Mr Jose BADIA Ms Marijana BALIG Ms Krista BAUMANE Mr Caspar Van den BERG Ms Larysa BILOZIR In favour Ms Margreet De BOER In favour Mr Chris BONETT Country Iceland Portugal Romania Azerbaijan Monaco Croatia Latvia Netherlands Ukraine Netherlands Malta Political group soc soc ALOE EC/DA EPP/CD EPP/CD ALOE ALOE ALOE soc soc In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour Mr Mladen BOSIG Bosnia and Herzegovina EPP/CD Ms Karin BROUWERS Belgium Ms Reina de BRUIJN-WEZEMAN Netherlands Mr Roland Rino BUCHEL Switzerland Ms Zdravka BUSIC MrAhmetBOYOKGOMO$ Ms Naomi CACHIA Croatia Turkiye Malta Ms Marina CAROBBIO GUSCETTI Switzerland Ms Laura CASTEL Mr Pedro CEGONHO Mr Ahmet Onal <;EViKOZ Spain Portugal Turkiye Sir Christopher CHOPE United Kingdom Ms Lise CHRISTOFFERSEN Norway EPP/CD ALOE ALOE EPP/CD NR soc soc UEL soc soc EC/DA soc Ms Alma COLO Bosnia and Herzegovina EPP/CD In favour Mr Titus CORLATEAN Romania soc Voting choice Member Ms Edite ESTRELA Mr Joseph Beppe FENECH ADAMI Ms Tarja FILATOV Country Portugal Malta Finland Lord George FOULKES United Kingdom Mr Bernard FOURNIER Mr Hannes GERMANN Lord Leslie GRIFFITHS Mr ion GROZA France Switzerland United Kingdom Republic of Moldova Mr Niklaus-Samuel GUGGER Switzerland Abstention Ms Emine Nur GO NAY Mr Domagoj HAJDUKOVIC Turkiye Croatia Ms Franziska HOOP Liechtenstein Ms lnka HOPSU Mr Rafael HUSEYNOV Mr Mogens JENSEN Mr Bjarni J6NSSON Mr George KATROUGALOS Ms Olena KHOMENKO MrHaluk KO<;: Ms Elvira KOVACS Mr Jacques LE NAY Ms Carmen LEYTE Mr Andrii LOPUSHANSKYI Mr Gianni MARl LOTTI Ms Luz MARTINEZ SEIJO Ms
 Isabel MEIRELLES Ms Mariia MEZENTSEVA Ms Dumitrina MITREA Mr Paulo MONIZ Ms Marica MONTEMAGGI Ms Mariella MULARONI Mr Sarin-Titus MUNCACIU Mr Dmytro NATALUKHA Ms Konul NURULLAYEVA Mr Bob van PAREREN Finland Azerbaijan Denmark Iceland Greece Ukraine Turkiye Serbia France Spain Ukraine Italy Spain Portugal Ukraine Romania Portugal San Marino San Marino Romania Ukraine Azerbaijan Netherlands In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour Against In favour In favour In favour In favour Political group soc EPP/CD soc soc EPP/CD ALOE soc EPP/CD EPP/CD NR soc ALOE soc ALOE soc UEL UEL EC/DA soc EPP/CD ALOE EPP/CD ALOE soc soc EPP/CD EPP/CD EC/DA EPP/CD soc EPP/CD EC/DA EC/DA EC/DA EC/DA Lord Simon RUSSELL United Kingdom Voting choice Member In favour Mr Gianluca PERILLI In favour Mr Paulo PISCO In favour In favour In favour In favour In favour In favour In favour Mr Mihail POP SOl Mr Roberto RAMP!
Mr Frederic REISS Ms Catarina ROCHA FERREIRA Ms lngjerd SCHOU Ms Lise SELNES In favour Mr Samad SEYIDOV In favour In favour In favour Mr Serhii SOBOLIEV Ms Petra STIENEN Mr Attila TILKI In favour Ms Nicole TRISSE In favour In favour In favour Mr Vladimir VARDANYAN Ms Lesia VASYLENKO Mr Morten WOLD In favour Mr Ahmet YILDIZ In favour Ms Zeynep YILDIZ Country Italy Portugal Republic of Moldova Italy France Portugal Norway Norway Azerbaijan Ukraine Netherlands Hungary France Armenia Ukraine Norway Turkiye Turkiye Political group soc soc EPP/CD soc EPP/CD EPP/CD EC/DA EPP/CD soc EC/DA EPP/CD ALOE EC/DA ALOE EPP/CD ALOE EC/DA NR NR Vote on Resolution - Doc.
15546 Assembly's voting results The honouring of membership obligations to the Council of Europe by Malta 79 in favor, 0 against, 2 abstentions All participants in the vote Voting choice Member In favour In favour In favour In favour Ms Th6rhildur Sunna A:VARSD6TTIR Ms Isabel ALVES MOREIRA Mr Alin-Gabriel APOSTOL Ms Nigar ARPADARAI In favour Ms Marijana BALIC In favour In favour Ms Krista BAUMANE Mr Caspar Van den BERG In favour Ms Larysa BILOZIR In favour Ms Margreet De BOER Abstention Mr Chris BONETT Country Iceland Portugal Romania Azerbaijan Croatia Latvia Netherlands Ukraine Netherlands Malta Belgium In favour In favour Ms Karin BROUWERS Ms Reina de BRUIJN-WEZEMAN Netherlands In favour Mr Hubert BOCHEL In favour In favour In favour Mr Roland Rino BOCHEL Ms Zdravka BUSIC MrAhmetB0Y0KG0M0$ Abstention Ms Naomi CACHIA Liechtenstein Switzerland Croatia Turkiye Malta In favour Ms Marina CAROBBIO GUSCETTI Switzerland In favour Ms Laura CASTEL In favour Mr Pedro CEGONHO In favour Mr Ahmet Onal ~EVIKOZ Spain Portugal Turkiye In favour In favour Sir Christopher CHOPE United Kingdom Ms Lise CHRISTOFFERSEN Norway Political group soc soc ALOE EC/DA EPP/CD ALOE ALOE ALOE soc soc EPP/CD ALOE ALOE ALOE EPP/CD NR soc soc UEL soc soc EC/DA soc In favour MsAima COLO Bosnia and Herzegovina EPP/CD In favour Mr Titus CORLATEAN In favour Ms Marie-Christine DALLOZ Romania France soc EPP/CD Voting choice Member Ms Edite ESTRE LA Mr Joseph Beppe FENECH ADAMI Ms Tarja FILATOV Country Portugal Malta Finland In favour In favour In favour In favou r In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favou r In favour Lord George FOULKES United Kingdom Mr Bernard FOURNIER Mr Hannes GERMANN France Switzerland Lord Leslie GRIFFITHS United Kingdom Mr lon GROZA Republic of Moldova Mr Niklaus-Samuel GUGGER
 Switzerland Ms Emine Nur GONAY Mr Domagoj HAJDUKOVIC Ms Franziska HOOP Ms lnka HOPSU Mr Rafael HUSEYNOV Mr Mogens JENSEN Mr Bjarni J6NSSON Mr George KATROUGALOS Ms Olena KHOM ENKO Ms Lisa Marie Ness KLUNGLAND Mr Haluk KO(: Ms Elvira KOVACS Mr Jacques LE NAY Ms Carmen LEYTE Mr Andrii LOPUSHANSKYI Mr Gianni MARl LOTTI Ms Luz MARTINEZ SEIJO Ms Isabel MEIRELLES Ms Mariia MEZENTSEVA Ms Dumitrina MITREA M r Paulo MON IZ Ms Marica MONTEMAGGI Ms Mariella MULARONI Mr Sorin-Titus MUNCACIU Mr Dmytro NATALUKHA Ms Konul NURULLAYEVA Turkiye Croatia Liechtenstein Finland Azerbaijan Denmark Iceland Greece Ukraine Norway Turkiye Serbia France Spain Ukraine Italy Spain Portugal Ukraine Romania Portugal San Marino San Marino Romania Ukraine Azerbaij an Political group soc EPP/CD soc soc EPP/CD ALOE soc EPP/CD EPP/CD NR soc ALOE soc ALOE soc UEL UEL EC/DA ALOE soc EPP/CD ALOE EPP/CD ALOE soc soc EPP/CD EPP/CD EC/DA EPP/CD soc EPP/CD EC/DA EC/DA EC/DA Lord Simon RUSSELL United Kingdom Voting choice Member In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour In favour Mr Bob van PAREREN Mr Gianluca PERILLI Mr Mihail POPSOI Mr Roberto RAM PI Mr Frederic REISS Ms Catarina ROCHA FERREIRA Ms lngjerd SCHOU Ms Lise SELNES Mr Sa mad SEYIDOV Mr Serhii SOBOLIEV Ms Petra STIENEN Mr Attila TILKI In favour Ms Nicole TRISSE In favour In favour In favour In favour In favour In favour Mr Vladimir VARDANYAN Ms Lesia VASYLENKO Mr Morten WOLD Mr Ahmet YILDIZ Ms Zeynep YILDIZ Ms Lesia ZABURANNA Country Netherlands Italy Political group EC/DA soc Republic of Moldova EPP/CD Italy France Portugal Norway Norway Azerbaijan Ukraine Netherlands Hungary France Armenia Ukraine Norway Turkiye Turkiye Ukraine soc EPP/CD EPP/CD EC/DA EPP/CD soc EC/DA EPP/CD ALOE EC/DA ALOE EPP/CD ALOE EC/DA NR NR ALOE Doc.
15550 Add.

2 15 June 2022 Election of Judges to the European Court of Human Rights Progress report Bureau of the Assembly 1.
Report of the Committee on the election of Judges to the European Court of Human Rights The Committee on the Election of Judges to the European Court of Human Rights held a joint meeting (in person) with the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human rights on 7 June 2022 in the morning, with Mr Sergiy Vlasenko (Ukraine, EPP/CD) then with Mr Titus Corlăţean (Romania, SOC) in the chair.
The committee then assessed the list of candidates to the Court in respect of Iceland.1 2.

Conclusions of the Committee on the list of candidates submitted by Iceland The committee interviewed all the candidates on 7 June 2022 (afternoon).

The committee decided to postpone until a later date its decision on the recommendation to the Assembly concerning this list.

See Appendix 1 for the list of candidates submitted by the Government of Iceland.
The full list and curricula vitae of 1. candidates can be found in Assembly document: Doc.

15530. https://pace.coe.int https://pace.coe.int Doc.

15550 Add.

2 Progress report Appendix 1 – List of candidates submitted by the Government of Iceland Iceland – – – Ms Oddný Mjöll ARNADOTTIR Mr Jónas Þór GUOMUNDSSON Mr Stefán Geir ÞORISSON 2 Appendix 2 – Members of the committee who participated in the meeting Doc.

15550 Add.
2 Progress report Group of the European People's Party (EPP/CD) – – – – Mr Corneliu Mugurel COZMANCIUC, Romania Mr Pablo HISPÁN, Spain Mr Volker ULLRICH, Germany Mr Sergiy VLASENKO, Ukraine – First Vice Chairperson Socialists, Democrats and Greens Group (SOC) – – – – – – Ms Margreet De BOER, Netherlands Ms Klotilda BUSHKA, Albania Mr Boriss CILEVIČS, Latvia Mr Titus CORLĂŢEAN, Romania – Chairperson Mr Constantinos EFSTATHIOU, Cyprus Mr Andrzej SZEJNA, Poland Alliance of Liberals and Democrats for Europe (ALDE) – Ms Stephanie KRISPER, Austria – Second Vice Chairperson European Conservatives Group & Democratic Alliance (EC/DA) – – – Mr Erkin GADIRLI, Azerbaijan Mr Serghii KALCHENKO, Ukraine Sir Christopher CHOPE, United Kingdom Group of the Unified European Left (UEL) – Mr Georgios KATROUGALOS, Greece Secretariat of the Parliamentary Assembly – – – Ms Despina CHATZIVASSILIOU-TSOVILIS, Secretary General of the Parliamentary Assembly Mr Mark NEVILLE, Director of Committees – Democracy and Rule of Law Mr Günter SCHIRMER, Head of the Secretariat 3 2022 ORDINARY SESSION Third part 20-24 June 2022 TEXTS ADOPTED BY THE ASSEMBLY Provisional versions F – 67075 Strasbourg Cedex | Tel: + 33 3 88 41 2000 | Table of contents Recommendations Recommendation 2235 (2022) Recent challenges to security in Europe: what role for the Council of Europe?
(Doc.

15541) Recommendation 2236 (2022) Reported cases of political prisoners in the Russian Federation (Doc.
15545) Resolutions Resolution 2443 (2022) Resolution 2444 (2022) Resolution 2445 (2022) Resolution 2446 (2022) Resolution 2447 (2022) Resolution 2448 (2022) Resolution 2449 (2022) Resolution 2450 (2022) Resolution 2451 (2022) Resolution 2452 (2022) Resolution 2453 (2022) Resolution 2454 (2022) Resolution 2455 (2022) The role of political parties in fostering diversity and inclusion: a new Charter for a non-racist society (Doc.
15535) Recent challenges to security in Europe: what role for the Council of Europe?

(Doc.

15541) The continuing need to restore human rights and the rule of law in the North Caucasus region (Doc.

15544) Reported cases of political prisoners (Doc.

15545) in the Russian Federation Preventing and combating antisemitism in Europe (Doc.

15539) Humanitarian consequences and internal and external displacement in connection with the aggression of the Russian Federation against Ukraine (Doc.
15547 and addendum) Protection and alternative care for unaccompanied and separated migrant and refugee children (Doc.

15548) Justice and security for women in peace reconciliation (Doc.

15525) The honouring of membership obligations to the Council of Europe by Malta (Doc.

15546) Ensuring accountability for the downing of flight MH17 (Doc.

15543) Review of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic (Doc.
15526) The control of online communication: a threat to media pluralism, freedom of information and human dignity (Doc.

15537) Fighting vaccine-preventable diseases through quality services and anti- vaccine myth-busting (Doc.

15542) Recommendations 2235 to 2236 Recommendation 2235 (2022)1 Provisional version Recent challenges to security in Europe: what role for the Council of Europe?

Parliamentary Assembly 1.


The Russian Federation’s unprovoked and unjustified war of aggression against Ukraine has done grievous harm to the international order and unsettled the European security architecture.

It represents a clash between two approaches to international relations: one based on dialogue, co-operation and a rules- based international order and another based on spheres of interest and imposing options through the use of force.

2.
2.

In the face of this challenge, it is necessary to assert the unity of Europe around its values and give a new political impetus to the role of the Council of Europe as the cornerstone European organisation aimed at developing a shared space for democracy, human rights and the rule of law to thrive, in the pursuit of peace based upon justice and international co-operation.

3.
3.

The goal to make the Organisation “fully capable of contributing to democratic security”, as declared by Heads of State and Government at the 1993 Vienna Summit, is today as relevant as ever, given the interdependence between respect for democratic standards domestically and an international position based on the respect for common rules.
The Organisation should therefore have a clearer focus on reversing the current backsliding of democracy, proposing ways to rejuvenate the functioning of democracy and promote democratic resilience.

4.
4.

At the same time, it is important for the Council of Europe to make better use of its bodies and mechanisms which can help enhance democratic security and have greater flexibility and capacity for rapid reaction in the face of negative trends which risk deterioration, sometimes with spill-over effects beyond national borders.

5.
In light of the foregoing, the Parliamentary Assembly invites the Committee of Ministers to: 5.1. set up a Democratic Resilience Initiative which, building on the work of bodies and mechanisms which already exist within the Council of Europe, will monitor democratic developments in member States, and form the basis for enhanced political dialogue to help member States address situations of concern; enhance the exchange of best practice in all areas relating to democracy and democratic 5.2. governance; establish a mechanism to monitor developments related to civil society, freedom of association, 5.3. and civil participation and engagement in Council of Europe member States; consider strengthening and expanding the Council of Europe’s activities relating to confidence 5.4. building measures and conflict prevention, including in its civil society and cross-border co-operation dimensions; Assembly debate on 21 June 2022 (19th and 20th sittings) (see Doc.
15541, report of the Committee on Political 1.

Affairs and Democracy, rapporteur: Mr Bogdan Klich).

Text adopted by the Assembly on 21 June 2022 (20th sitting).

See also Resolution 2444 (2022).
https://pace.coe.int https://pace.coe.int Recommendation 2235 (2022) 5.5. convene a Fourth Summit of Heads of State and Government of the Council of Europe, which would address, inter alia, the promotion of democratic security, how to counter the backsliding of democracy, ways to rejuvenate democracy and spur citizen engagement, and the setting up of a Council of Europe early warning mechanism to address threats to the rule of law, democratic standards and human rights protection.
2 Recommendation 2236 (2022)1 Provisional version Reported cases of political prisoners in the Russian Federation Parliamentary Assembly The Parliamentary Assembly refers to its Resolution 2446 (2022) “Reported cases of political prisoners 1. in the Russian Federation”.

2.
2.

The Assembly encourages the Committee of Ministers to continue to supervise the execution of judgments against the Russian Federation concerning persons who are still detained as a consequence of violations of their right to freedom of expression, freedom of association or freedom of assembly, or who otherwise fall under the definition of “political prisoner” set out in Resolution 1900 (2012).

3.
3.

The Assembly invites the Committee of Ministers to use all the tools at its disposal, including those under Article 46 of the European Convention on Human Rights (ETS No.

5), to ensure full and prompt execution of the cases Navalnyy and Ofitserov v. Russia, Navalnyye v. Russia and Pichugin v. Russia, in particular the immediate release of the applicants concerned.

4.
4.

The Assembly invites the Committee of Ministers to facilitate the implementation of the resolution by asking member States of the Council of Europe to ensure the composition, publication and communication on a semi-annual basis of the lists of Russian police officers, prosecutors, judges, prison officials and other officials contributing to the unlawful and arbitrary deprivation of liberty of political prisoners and their ill- treatment in detention.
Assembly debate on 21 June 2022 (20th sitting) (see Doc.

15545, report of the Committee on Legal Affairs and 1.

Human Rights, rapporteur: Ms Thórhildur Sunna Ævarsdóttir).

Text adopted by the Assembly on 21 June 2022 (20th sitting).

https://pace.coe.int https://pace.coe.int Resolutions 2443 to 2455 Resolution 2443 (2022)1 Provisional version The role of political parties in fostering diversity and inclusion: a new Charter for a non-racist society Parliamentary Assembly 1.
Racism and intolerance are rife in Europe, in spite of the efforts to eradicate them on the part of public authorities, civil society organisations and many other actors.

Forms of intolerance including Afrophobia, antigypsyism, antisemitism, Islamophobia and xenophobia, as well as online and offline hate speech, are on the rise.
Moreover, certain individuals and groups that are habitual victims of structural discrimination and widespread bias face additional hostility and scapegoating each time that Europe is affected by an international crisis, such as the 2015 refugee crisis, the Covid-19 pandemic and most recently the war of aggression waged by the Russian Federation against Ukraine.
The Council of Europe has long been committed to combating racism and intolerance through the 2. action of its bodies and organs, in particular the European Commission against Racism and Intolerance (ECRI).

The Parliamentary Assembly has consistently contributed to these efforts by raising awareness of upsurges in racial hatred, hate speech and various forms of intolerance, and by calling on member States to urgently implement specific measures it has prescribed.

3.
3.

Recalling its Resolution 1967 (2014) “A strategy to prevent racism and intolerance in Europe” and Resolution 2275 (2019) “The role and responsibilities of political leaders in combating hate speech and intolerance”, the Assembly reiterates that government representatives and politicians in general should lead the efforts to eliminate racism, hatred and intolerance with resolve and set an example by publicly challenging, rejecting and condemning expressions of hatred, from whatever quarters they come.
The Assembly also reiterates that politicians, along with other public figures, have a vital role to play in promoting a model of society that embraces diversity and respects human dignity, and in embodying this model, as their status and visibility allow them to influence a wide audience, to set the example for others and to define to a significant degree the themes and the tone of public discourse.

4.
4.

In this context, political parties are best placed to counter racism, intolerance and hate speech, promote diversity, and foster inclusion in European societies.

In times of electoral campaigns and in their regular activity, their communication largely contributes to shaping the political discourse.

They enjoy a wide autonomy in regulating their internal functioning and the duties of their members.
In addition, as main gatekeepers of elected bodies, they are best placed to promote the political representation of all social groups and communities.

5.
5.

The Charter of European Political Parties for a Non-Racist Society, drawn up under the auspices of the European Union Consultative Commission on Racism and Xenophobia and opened for signature in Utrecht in 1998, was a praiseworthy initiative that gave political parties the possibility to formalise their commitment to defending basic human rights and democratic principles and rejecting all forms of racism, intolerance and hate speech.
The Charter was based on the self-regulatory power of political parties.

Over eighty European parties had adhered to the Charter by 2003.

Assembly debate on 20 June 2022 (18th sitting) (see Doc.

15535, report of the Committee on Equality and Non- 1.

Discrimination, rapporteur: Mr Momodou Malcolm Jallow; and Doc.

15536, opinion of the Committee on Political Affairs and Democracy, rapporteur: Sir Tony Lloyd).

Text adopted by the Assembly on 20 June 2022 (18th sitting).
https://pace.coe.int https://pace.coe.int Resolution 2443 (2022) 6.

The Assembly welcomes the revision of the Charter undertaken by its Committee on Equality and Non- Discrimination in co-operation with the European Parliament’s Antidiscrimination and Diversity Intergroup (ARDI), the European Commission against Racism and Intolerance (ECRI) and the European Commission for Democracy through Law (Venice Commission) and the document resulting from this process.

7.
7.

In view of the evolution of Europe’s social and political landscape and the manifestations of racism and intolerance that have emerged in the decades that followed the adoption of the original document, its revised version has a wider scope, reflected in a new title: Charter of European political parties for a non-racist and inclusive society.

8.
In the light of these considerations, the Assembly: endorses the revised Charter of European political parties for a non-racist and inclusive society2 8.1. and calls on all democratic political parties to sign it and enforce it in their internal functioning and their public action, including by asking that all members formally commit to complying with its principles by signing the Charter personally, and by establishing independent complaints mechanisms; calls on national parliaments of Council of Europe member States to endorse the Charter, and 8.2. on political groups and national delegations in the Assembly to promote it among their members; invites the European Parliament to endorse the Charter and promote it among its political 8.3. groups; 8.4. encourages civil society actors, including the media, to observe the conduct of political parties and play a proactive role in holding them accountable in case of non-compliance of their commitments under the Charter.
9.

The Assembly intends to review periodically the state of implementation of the Charter and considers that the No Hate Parliamentary Alliance should be associated with the relevant procedure, and that it should contribute to the promotion of the Charter among political parties and groups.

2.

The text of the Charter is appended to the report, Doc.

15535.

2 Resolution 2444 (2022)1 Provisional version Recent challenges to security in Europe: what role for the Council of Europe?
Parliamentary Assembly 1.

The Russian Federation’s unprovoked and unjustified war of aggression against Ukraine, waged in open defiance of international law, has done grievous harm to the international order and unsettled the European multilateral architecture.

Reacting to this serious violation of the Council of Europe Statute (ETS No.

1), the Committee of 2.


Ministers took the unprecedented decision of excluding the Russian Federation from the Organisation, in line with the unanimous position expressed by the Parliamentary Assembly in its Opinion 300 (2022).
This war of aggression represents not just a challenge for the Council of Europe, but possibly the greatest test for the Organization for Security and Cooperation in Europe (OSCE) since its creation in 1975, affecting its capacity to carry out its mandate with the consensus of all participating States.

3.
3.

The historical changes due to the surge of a large-scale military threat in Europe have led a number of Council of Europe member States to abandon their neutrality, increase their military expenditure, and seek membership of the North Atlantic Treaty Organization (NATO).

In parallel, NATO plans to adopt a new Strategic Concept at its Madrid Summit in June 2022, the first in 12 years.
Furthermore, the European Union has found a new impetus to develop its Common Security and Defence Policy, with European Union leaders reaffirming their commitment to increase the European Union’s capacity in this area at the European Council meeting on 10-11 March 2022.

4.

Everyone’s eyes are cast on the Russian Federation’s aggression against Ukraine, but in Europe there are a number of other long-term open or frozen conflicts and various situations of tension.
Alongside these, new security threats have emerged in the past two decades.

Some threats are transnational, such as terrorism and violent extremism.

Some rely on technology such as misinformation and disinformation, hacking of digital infrastructures, or interference with electoral processes.

Migrants, energy and food are being weaponised in new forms of hybrid war.

Some challenges are environmental and man-made, such as climate change.
Some, such as the Covid-19 pandemic, can have a global impact on the economy, democratic governance and the exercise of fundamental freedoms.

5.

In this new security context fraught with risks, Council of Europe member States should renew their commitment to the values of democracy, human rights and the rule of law.
They should reiterate their support for the Council of Europe as the cornerstone European organisation to develop a shared space for these values to thrive, in the pursuit of peace based upon justice and international co-operation.

While Europe is experiencing a period of uncertainty, it should reaffirm its unity around the values which are, and should continue to be, the foundation for the multilateral architecture.
The political support for the next phases of European enlargement represents a strategic way of reinforcing the core values of the Council of Europe related to democratic security.

Assembly debate on 21 June 2022 (19th and 20th sittings) (see Doc.

15541, report of the Committee on Political 1.

Affairs and Democracy, rapporteur: Mr Bogdan Klich).

Text adopted by the Assembly on 21 June 2022 (20th sitting).

See also Recommendation 2235 (2022).


https://pace.coe.int https://pace.coe.int Resolution 2444 (2022) 6.
Whereas defence issues are excluded from its remit, the Council of Europe should enhance the comprehensive and long-term security of its member States within the scope of its mandate and contribute to making them more resilient in countering threats and preventing conflicts, while providing a platform which is conducive to mutual trust and the development and consolidation of good neighbourly relations.

7.
7.

Security is a wider concept than defence, and rests to a great extent on compliance with democratic processes, human rights and the rule of law.

This notion of democratic security, first endorsed by Heads of State and Government of the Council of Europe at the 1993 Vienna Summit, as well as the concept of “indivisible security”, included in the OSCE Charter of Istanbul of 1999, are today as relevant as ever.

8.
8.

In this respect, the backsliding of democracy in Europe should be urgently addressed not only because of its domestic repercussions, but also because of the potential risks for democratic security on the whole continent.
Supporting the role of civil society, increasing citizens’ trust in public institutions, innovating democratic practices, finding new ways of involving citizens in decision-making processes, reinforcing adherence to the rule of law and to fundamental rights and freedoms, and safeguarding media plurality and access to information are all essential elements to strengthen the resilience of democracies.

9.
In the light of these considerations, the Assembly calls on Council of Europe member States to: 9.1. as regards democratic security: 9.1.1. security, human security and democratic resilience; invest in all aspects of a comprehensive security approach, including deep/soft 9.1.2. safeguard their societies from attacks on the good functioning of democracy, including disinformation and misinformation, and particularly from internal or external attempts to undermine, or interfere in, electoral processes; 9.1.3. build trust in public institutions; ensure adherence to the rule of law and to fundamental rights and freedoms, so as to 9.1.4. processes and safeguarding freedom of association; promote the role of civil society, finding ways of involving citizens in decision-making 9.1.5. guaranteeing an independent and pluralistic media environment; ensure that the ability to access and impart information is protected, including by 9.1.6. and disagreements through dialogue and diplomacy; prioritise good neighbourly relations with each other, and commit to resolving disputes 9.1.7. understanding at the local level, including with and among civil society; support cross-border co-operation and other efforts to defuse tensions and promote 9.1.8. countries and dent citizens’ trust in politics; tackle socio-economic inequalities, which threaten the democratic stability of our 9.2. as regards multilateralism: 9.2.1. fully subscribe to rules-based multilateralism while striving for its further strengthening; 9.2.2. effective in tackling the present challenges; review the European multilateral architecture in order to make it more responsive and 9.3. as regards the role of the Council of Europe: give fresh impetus and political support to the central role of the Council of Europe as 9.3.1. the guardian of human rights, democracy and the rule of law in Europe and a platform for political dialogue, diplomacy and multilateralism; 9.3.2. security; support the further development of Council of Europe work in the area of democratic 9.3.3.
Council of Europe; allocate the necessary financial resources to ensure the financial sustainability of the support the organisation of a fourth Summit of Heads of State and Government of the 9.3.4.
Council of Europe, which would address, inter alia, the promotion of democratic security, countering democratic backsliding and its root causes, ways to rejuvenate democracy and spur 2 citizen engagement, and the introduction, within the Council of Europe, of early warning mechanisms to timely address threats to the rule of law, democratic standards and human rights protection in its member States; 9.3.5. work on confidence-building measures to help build the foundations for long-lasting peace.
allocate the necessary resources to ensure that the Council of Europe can expand its Resolution 2444 (2022) 10.
As regards its own activities, the Assembly should: increase its focus on parliamentary diplomacy as a tool to defuse tensions, promote dialogue, 10.1. reinforce mutual understanding and enhance confidence building and conflict prevention; 10.2. contribute to the Council of Europe’s efforts at early warning, in order to address situations which risk posing a threat to the rule of law, democratic security and good neighbourly relations; in the context of the overall Council of Europe’s reflection on monitoring, consider reviewing its 10.3. procedure relating to the monitoring of obligations and commitments by member States; 10.4. place greater emphasis in its work on new security challenges and how they relate to democracy, human rights and the rule of law; 10.5. enhance co-operation on deep/soft security matters, confidence building and conflict prevention with other international parliamentary assemblies, including the European Parliament, the OSCE Parliamentary Assembly and the NATO Parliamentary Assembly; 10.6. strengthen co-operation and carry out joint activities with national parliaments on deep/soft security, confidence building and conflict prevention.
3 Resolution 2445 (2022)1 Provisional version The continuing need to restore human rights and the rule of law in the North Caucasus region Parliamentary Assembly 1.
The Parliamentary Assembly notes with regret that since Resolution 1738 (2010) “Legal remedies for human rights violations in the North Caucasus Region” and Resolution 2157 (2017) “Human rights in the North Caucasus: what follow-up to Resolution 1738 (2010)?” the situation with regard to human rights and the rule of law in the Chechen Republic, Dagestan and Ingushetia (the North Caucasus) has not improved.
In particular, the climate of impunity for serious human rights abuses committed by agents of the regional and federal authorities’ authoritarian rule, and widespread fear continue to prevail.

With the tacit acceptance of the federal authorities, the North Caucasian republican administrations have each built up a system of persecution and collective punishment to suppress any opposition at regional level and as appropriate at State level.
None of the Assembly’s recommendations listed in the above-mentioned resolutions have been properly addressed by the Russian authorities.

2.

Journalists, human rights defenders, LGBTI persons, women refusing to submit to the demands of “traditional values”, and anyone who opposes authoritarian rule risk persecution, torture, and even losing their lives for expressing their opinions or just living their lives as they wish.
Neither they nor their relatives are safe in the North Caucasus and anywhere in the Russian Federation or even abroad.

3.

With the Russian Federation being no longer a member of the Council of Europe, the modest progress civil society has achieved, is being undone.
The liquidation of human rights non-governmental organisations, such as Memorial, and the forcible closure of independent mass media, such as Novaya Gazeta, destroys the last pockets of democratic resistance to the authoritarian rulers, both in the North Caucasus and in the Russian Federation as a whole.

4.
4.

The methods of repression first used in the Chechen Republic – extrajudicial killings, abductions and enforced disappearances, torture, brutal repression of freedom of speech and assembly and sham criminal proceedings – have spread throughout the Russian Federation, and in their most brutal form, to the temporarily occupied areas of Ukraine.
The role played by the Head of the Chechen Republic, Ramzan Kadyrov, and the Chechen fighters in the siege of Mariupol is symptomatic for the brutalisation of the treatment of opponents that began in the two Chechen wars.

5.

The long-lasting scourge of missing persons and continuing disappearances continues to ravage the region.
The Russian authorities in part deny these cases, refuse to provide information to competent bodies and persist in using ineffective methods to search for missing persons despite hundreds of judgments of the European Court of Human Rights and the recommendations of the Assembly and the Committee of Ministers inviting them to emulate good practices from other countries.

6.
6.

Numerous cases of human rights violations documented in previous Assembly reports have not been resolved, nor have the authorities carried out effective investigations or provided any other remedies.

The cases of violent deaths or disappearance of personalities, mentioned in Resolution 1738 (2010), have not Assembly debate on 21 June 2022 (20th sitting) (see Doc.

15544, report of the Committee on Legal Affairs and 1.

Human Rights, rapporteur: Mr Frank Schwabe).


Text adopted by the Assembly on 21 June 2022 (20th sitting).

https://pace.coe.int https://pace.coe.int Resolution 2445 (2022) been elucidated by the authorities and the criminal justice system in the North Caucasus proves itself efficient only as a means of persecution through trumped-up criminal charges, not as a remedy to ensure accountability for human rights violations.

7.
7.

Credible reports on kidnappings, torture, ill-treatment, enforced disappearances, extra-judicial killings, and other serious human rights violations continue to flow from all North Caucasian republics.

Hundreds have been documented in judgments of the European Court of Human Rights.
The law enforcement and security agencies have continued to use exclusively repressive methods to counter extremism and radicalisation, which proved counter-productive: terrorist attacks have continued, and extremist movements have grown.

8.

The situation of women and girls, LGBTI persons and other vulnerable groups has become even worse.

The people in the North Caucasus continue to live in a closed, patriarchal society.
Both the local and the federal authorities tolerate severe repression under the pretext that it is justified by “traditional values”.

This often amounts to brutal, sometimes murderous discriminatory practices against women and girls trying to escape from violent husbands, fathers, brothers, and, especially against LGBTI persons, whose very existence the Head of the Chechen Republic publicly denied.

9.
9.

There has been no tangible progress in the implementation of the Court’s judgments concerning the North Caucasus region by the Russian Federation, and the authorities have failed to co-operate adequately with the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the CPT) and other Council of Europe monitoring bodies.

10.
10.

Even after the expulsion of the Russian Federation from the Council of Europe, the Assembly should not ignore the dismal human rights situation in the North Caucasus.

It shall persist in reminding the Russian authorities, both at federal and local levels, of their continuing international obligations to respect the fundamental rights of all persons living under their rule.

11.
11.

Therefore, the Assembly calls on the Russian Federation to: 11.1. give effect to all previous Assembly resolutions relevant to the human rights situation in the North Caucasus, in particular: 11.1.1.

Resolution 1738 (2010) “Legal remedies for human rights violations in the North Caucasus Region”, 11.1.2.

Resolution 2157 (2017) “Human rights in the North Caucasus: what follow-up to Resolution 1738 (2010)?”, 11.1.3.
Resolution 2230 (2018) “Persecution of LGBTI people in the Chechen Republic (Russian Federation)”, 11.1.4.

Resolution 2417 (2022) “Combating rising hate against LGBTI people in Europe”, 11.1.5.
Resolution 2425 (2022) “Ending enforced disappearances on the territory of the Council of Europe”; 11.2. implement all judgments and decisions of the European Court of Human Rights and co-operate with the Committee of Ministers in identifying appropriate individual and general measures to implement existing judgments and those which the Court will still hand down following the expulsion of the Russian Federation from the Council of Europe; 11.3. co-operate with the CPT, as long as the Russian Federation remains a Party to the European Convention for the Prevention of Torture and Inhuman or Degrading Treading or Punishment (ETS No.
126); 11.4. cease the persecution of human rights defenders, lawyers, journalists, independent media, non- governmental organisations, LGBTI persons, and all who oppose the authorities and express their opinions openly; 11.5. ensure respect for the rights of women and girls and their protection against domestic violence and any other form of abuse, irrespective of purported cultural traditions; implement relevant recommendations issued by United Nations bodies, to which the Russian 11.6.
Federation remains a party.

12.

The Assembly further invites all Council of Europe member and observer States to carefully consider requests for asylum from residents of the North Caucasus region, in particular members of particularly vulnerable groups such as human rights activists, journalists, LGBTI persons and women fleeing domestic 2 Resolution 2445 (2022) violence.
The competent authorities should also take into account the fact that persecuted persons from the North Caucasus region are not safe in other regions of the Russian Federation and may require protection even in countries which have granted them asylum.

13.
13.

The Assembly encourages the member States of the Council of Europe to impose strict personal sanctions including assets freezes on Ramzan Kadyrov and his entourage for their crimes in the Nord Caucasus region and war crimes committed during the war of aggression against Ukraine.

14.
14.

The Assembly calls on Interpol to be particularly vigilant when dealing with requests for Red Notices against persons from the North Caucasus region of the Russian Federation, in particular those who belong to the above-mentioned vulnerable groups.

15.
15.

The Assembly encourages the European Court of Human Rights to continue treating in due course the applications brought by victims of serious human rights violations allegedly committed by the Russian Federation until 16 September 2022, in particular those concerning the North Caucasus region, even if the Russian Government, contrary to its international obligations, refuses to co-operate.
This would at least create an authoritative record of these violations, which would facilitate their reappraisal and the rehabilitation of the victims in a future democratic Russian Federation.

For its part, the Assembly resolves to engage with civil society in the North Caucasus in order to 16. promote Council of Europe values, including democracy, human rights and the rule of law.
3 Resolution 2446 (2022)1 Provisional version Reported cases of political prisoners in the Russian Federation Parliamentary Assembly 1.

The Parliamentary Assembly is appalled by the large and growing number of political prisoners in the Russian Federation and the pattern of systematic repression against any and all opponents of the current authorities which they follow.

2.
2.

It recalls that the European Court of Human Rights has delivered multiple judgments in which it has found violations of the European Convention on Human Rights (ETS No.

5) against the Russian Federation arising from the arbitrary arrest and detention of opposition politicians, civil society activists, and ordinary citizens peacefully demonstrating.
These violations of the right to liberty and security are often combined with violations of the applicants’ 3. rights to freedom of assembly and to a fair trial.

4.

In some of these cases, the Court noted that the arbitrary arrest and detention of the applicants “had an effect of preventing or discouraging them and others from participating in protest rallies and engaging actively in opposition politics”.

5.
5.

The Assembly notes that in several judgments concerning Alexei Navalny, a prominent opposition politician and anti-corruption campaigner, the Court also found violations of Article 18 in conjunction with other Articles of the Convention, based on the authorities’ misuse of domestic law for the ulterior purpose of suppressing political pluralism.
The object of Article 18, which prohibits States from restricting the rights and freedoms enshrined in the Convention for purposes not prescribed by the Convention itself, is to prevent the misuse of power (“détournement de pouvoir”).
It is evident from the Court´s evaluation of converging contextual evidence that the Russian authorities 6. have become increasingly severe in their response to the activities of Mr Navalny and other political activists and, more generally, in their approach to public assemblies of a political nature.
These developments must also be seen in the context of the increasing repression of political opponents over the past several years, or as the Court said in its Article 18 judgments, in “the broader context of the Russian authorities’ attempts (…) to bring the opposition’s political activity under control”.

7.
7.

Furthermore, the judgments of the Court finding a violation of Article 18, and many others finding violations of the right to liberty and security, the right to a fair trial, freedom of expression or freedom of assembly, establish facts that clearly satisfy the Assembly’s definition of “political prisoner”, as set out in its Resolution 1900 (2012).

8.
8.

The Assembly further recalls that many other cases addressed in the past years by the Assembly and its rapporteurs or by the Council of Europe Commissioner for Human Rights can also be inferred to fulfil one or more of the criteria set out in the Assembly’s definition of “political prisoner”.

Assembly debate on 21 June 2022 (20th sitting) (see Doc.

15545, report of the Committee on Legal Affairs and 1.

Human Rights, rapporteur: Ms Thórhildur Sunna Ævarsdóttir).
Text adopted by the Assembly on 21 June 2022 (20th sitting).

See also Recommendation 2236 (2022).

https://pace.coe.int https://pace.coe.int Resolution 2446 (2022) 9.
The Assembly condemns the introduction of a number of restrictive laws, including the “foreign agents” law, the law on “undesirable organisations” and the law on “extremism” which have contributed to the growing and systematic repression of political opponents, journalists, human rights defenders and civil society activists in the Russian Federation.

These repressive laws have all been criticised by different Council of Europe bodies, through Law (Venice Commission).
Consequently, it should be noted that the increasing scourge of political prisoners is due to structural and systemic causes that have only been exacerbated by the recent actions of the Russian authorities.

the European Commission for Democracy including 10.

The Assembly recalls that lists of political prisoners have long been maintained by the Memorial Human Rights Centre, one of Russian Federation’s most respected non-governmental organisations.
According to the latest information from Memorial, there are 478 political prisoners in the Russian Federation, including 113 strictly political prisoners and 365 persons imprisoned on religious grounds.
Having regard to the strict criteria applied by Memorial, which are based on, but not identical to, the definition in Resolution 1900 (2012), the Assembly considers these lists to be credible and reliable and concludes that the persons featuring on them can be presumed to be political prisoners who should therefore be released.

11.
11.

The Assembly notes that among the 360 persons imprisoned on religious grounds according to Memorial, many are Jehovah’s Witnesses who have been regarded as “extremists” following the Supreme Court’s judgment of 2017 ordering the liquidation of the central body and 395 local religious organisations of Jehovah’s Witnesses.
As a consequence of this liquidation and the application of the law on “extremism”, members of Jehovah’s Witnesses have been criminally prosecuted and continue to be imprisoned in breach of their freedom of thought, conscience and religion.
The European Court of Human Rights has recently held that such liquidation, together with the criminal prosecution of individual Jehovah's Witnesses and other measures applied against them under the law on “extremism”, disclosed multiple violations of the Convention, including of the right to liberty and security.
The Court has also stated that the Russian Federation should take all necessary measures to secure the discontinuation of all pending criminal proceedings against Jehovah's Witnesses, and release of all Jehovah's Witnesses who have been deprived of their liberty.

The Assembly reiterates its deep concern over the specific situation of Crimean Tatars addressed in 12.
Resolution 2387 (2021), in which, inter alia, it called on the Russian authorities to release any person unlawfully detained or imprisoned due to the abusive application of Russian law in Crimea, including for political reasons, and to put an immediate end to any administrative or judicial harassment of Crimean Tatars.
It also recalls its Resolution 2231 (2018), in which it called on the Russian Federation to release without further delay all Ukrainians detained in the Russian Federation and in Crimea on politically motivated or fabricated charges.

The repression of Crimean Tatars and Ukrainian citizens following the Russian Federation’s illegal annexation of Crimea and its intervention in eastern Ukraine serves as a stark warning of the horrors that await the Ukrainian population.

13.
13.

The Assembly confirms its condemnation, in the strongest terms, of the Russian Federation’s war of aggression against Ukraine.

In this context, it is gravely concerned by the reports of Ukrainian mayors, local representatives, activists, volunteers, journalists, and other civilians who have been abducted or detained by Russian forces during the ongoing war, in areas temporarily under their control.
It reiterates its call on the Russian Federation to immediately release all kidnapped mayors and local representatives, activists, volunteers, journalists, and other abducted civilians, and comply strictly with its obligations under international law, including international human rights and international humanitarian law.

14.
14.

In this context, the Assembly urges the Russian Federation to fully comply with its obligations under international humanitarian law pertaining to the treatment of prisoners of war, including the defenders of Mariupol.

It is appalled by the call of Russian Parliament’s Foreign Affairs Committee Chair Leonid Slutsky to reinstate death penalty in the Russian Federation solely for the purpose of executing Ukrainian prisoners of war.
It also strongly condemns the arbitrary trials in the temporarily occupied territory of Ukraine whereby 3 Ukrainian Armed Forces soldiers of foreign origin were sentenced to death despite not being mercenaries within the meaning of international humanitarian law.
The Assembly exhorts the Russian Federation to take all measures available to comply with international law, revoke the arbitrary sentences, preserve the lives of Ukrainian prisoners of war as well as refrain from provocative political statements and generalisations.

15.
15.

The Assembly reiterates its condemnation of the measures taken by the Russian authorities since the beginning of the war of aggression against Ukraine to further curtail freedom of expression, freedom of assembly, and freedom of association, through the intensifying crackdown on civil society and independent media, the liquidation of non-governmental organisations and the mass arrests of over 16 000 peaceful anti- war demonstrators.
In this respect, it deplores the adoption of new legislation criminalising the spread of “fake information” about the Russian military with penalties of up to 15 years in prison.

This has given rise to numerous new cases of political prisoners, including that of Vladimir Kara-Murza, an opposition politician and 2 Resolution 2446 (2022) historian detained and prosecuted under the new law.
It is of particular concern to the Assembly that Mr Kara- Murza was arrested within weeks of testifying before the Committee on Legal Affairs and Human Rights regarding the situation of political prisoners in the Russian Federation.

2 393 administrative cases and 58 criminal cases initiated in less than four months under the newly adopted legislation show the systematic character of persecution against anti-war protesters.
It should also be noted that such legislation only further reinforces the criminal policies of the current Russian leadership against the sovereignty and territorial integrity of Ukraine.

16.
16.

The Assembly stresses that the continuing detention of political prisoners gives rise to violations of the European Convention of Human Rights, to which the Russian Federation is still bound until 16 September 2022, but also to breaches of other international human rights treaties to which Russian is a Party, such as the International Covenant on Civil and Political Rights.

17.
17.

Despite the expulsion of the Russian Federation from the Council of Europe, the Assembly should continue to follow the situation of political prisoners in Russian Federation and remind the Russian authorities of their continuing international human rights obligations, including the obligation to implement existing and future judgments of the Court in respect of applicants who satisfy the Assembly’s definition of “political prisoner”.

18.
The Assembly therefore calls on the Russian Federation to: 18.1. implement all judgments of the European Court of Human Rights concerning applicants who meet the definition of political prisoner set out in Resolution 1900 (2012), including by taking individual measures to ensure that the violations of the Convention have ceased and that all negative consequences have been erased, in co-operation with the Committee of Ministers; 18.2. further to the Committee of Ministers’ decisions and the interim measure granted by the European Court of Human Rights on 16 February 2021, and in accordance with Resolutions 2375 (2021) and 2423 (2022), release Mr Navalny immediately; 18.3. further to the Committee of Ministers’ decisions, ensure the release without further delay of Aleksey Pichugin, who has served more than 18 years’ imprisonment following unfair proceedings, and who has been waiting for redress since 2013; 18.4. discontinue all pending criminal proceedings against Jehovah's Witnesses and release those who have been deprived of their liberty, in accordance with the judgment of the European Court of Human Rights in the case of Taganrog LRO and Others v. Russia, of 7 June 2022; 18.5. adopt without delay effective general measures to address the structural and systemic problems identified by the European Court of Human Rights and the Committee of Ministers with regard to freedom of assembly, freedom of expression, and the right to liberty, to prevent new violations of the Convention, including by repealing or amending laws that have only exacerbated such problems, including the laws on “foreign agents”, “undesirable organisations”, “extremism” and “fake information on the Russian military”; 18.6. re-examine the cases of all persons appearing on the regularly updated lists of political prisoners, including those imprisoned on religious grounds, maintained by the Memorial Human Rights Centre, and release those found to be political prisoners in accordance with the definition set out in Resolution 1900 (2012); 18.7. pending their release or re-examination of their cases, ensure full respect of their rights, including by respecting the prohibition on torture and inhuman or degrading treatment or punishment and ensuring the right of access to requisite medical assistance in order that their health and well-being are adequately secured: 18.8. co-operate with the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), as long as the Russian Federation remains a Party to the European Convention for the Prevention of Torture and Inhuman or Degrading Treading or Punishment (ETS No.
126), and allow the monitoring of the reported political prisoners’ state of health and conditions of detention, pending their release or re-examination of their cases; implement relevant recommendations and decisions issued by other international organisations 18.9. of which the Russian Federation is a member State, such as the United Nations and the Organisation for Security and Co-operation in Europe, as well as by human rights treaty-based bodies which are competent to deal with individual communications against the Russian Federation.
3 Resolution 2446 (2022) The Assembly encourages the High Commissioner for Human Rights in the Russian Federation to 19. follow closely the situation of political prisoners and take action in accordance with her mandate.

20.
The Assembly furthermore calls on all member and observer States of the Council of Europe to: 20.1. facilitate the grant of visas and give careful consideration to requests for asylum from former political prisoners and Russian opposition politicians, civil society activists, journalists and human rights defenders who need to leave the Russian Federation in order to avoid persecution and/or arrest; refuse extradition requests for Russian nationals for offences which could be considered 20.2. politically motivated; 20.3. use their “Magnitsky laws” or other legal instruments to impose targeted sanctions against all those who, as police officers, prosecutors, judges, prison officials or other officials, have contributed to the unlawful and arbitrary deprivation of liberty of political prisoners and their ill-treatment in detention; 20.4. consider enacting such legislation, if they have not yet done so, in accordance with Resolution 2252 (2019) “Sergei Magnitsky and beyond – fighting impunity by targeted sanctions”.
21.
The Assembly invites the European Court of Human Rights to continue examining pending and future cases against the Russian Federation in respect of alleged violations of the Convention committed until 16 September 2022, in particular and as a matter of priority those brought by applicants who are detained or convicted as a direct consequence of a breach of their Convention rights, those raising structural or systemic problems in the Russian legislation and practice with regard to freedom of religion, freedom of expression, freedom of assembly and freedom of association, as well as those lodged by applicants from the illegally occupied territories of Ukraine, Georgia and the Republic of Moldova.
22.

The Assembly invites the European Union to further strengthen economic sanctions against the Russian Federation, its leaders and officials, on account of their involvement and responsibility in the persecution of political opponents and the continuing detention of political prisoners, particularly that of Alexei Navalny and Aleksey Pichugin.

23.
23.

It calls on Interpol to be particularly vigilant when dealing with requests for Red Notices from the Russian National Central Bureau that may be politically motivated, taking into account Resolution 2315 (2019) “Interpol reform and extradition proceedings: building trust by fighting abuse”.

The Assembly calls on member States to commemorate the “International Day of Political Prisoners” for 24. all persons imprisoned for political reasons every year on 30 October.
4 Resolution 2447 (2022)1 Provisional version Preventing and combating antisemitism in Europe Parliamentary Assembly 1.

The Parliamentary Assembly is deeply concerned by the rising hatred and violence against Jewish people in Europe in the past years.

It notes with regret that due to these manifestations of antisemitism a considerable number of Jewish families have left Europe, or are considering leaving Europe.

2.
2.

Antisemitism is an attack against human rights and needs to be addressed in a human rights framework.

It represents a threat to democracy and is in contradiction with the fundamental values on which the Council of Europe was built.

It is of concern for us all.

Preventing and combating antisemitism must be considered a political priority.

3.

Antisemitism online has recently dramatically increased, leading to the widening dissemination of conspiracy myths.
The Assembly regrets the emergence of conspiracy ideologies, blaming Jewish communities for the creation and propagation of the Covid-19 pandemic, amongst others.

The Russian Federation’s war of aggression against Ukraine has also brought another echo to antisemitic conspiracy ideologies in Europe.

Antisemitism is built on harmful stereotypes which make the Jewish community a scapegoat for any emerging crisis.

Addressing antisemitic conspiracy myths is an essential part of the fight against antisemitism.
Investing in history, education and the fight against Holocaust denial and distortion is of crucial importance.

The Assembly therefore welcomes the adoption by the Committee of Ministers of its Recommendation CM/Rec(2022)5 on passing on remembrance of the Holocaust and preventing crimes against humanity, on 17 March 2022.

4.
The Assembly welcomes the development of international efforts to prevent and combat antisemitism such as the adoption of national strategies on combating antisemitism and fostering Jewish life by several States, the appointment of special envoys and co-ordinators on combating antisemitism, including the appointment of a Special Representative of the Council of Europe Secretary General on antisemitic, anti Muslim and other forms of religious intolerance and hate crimes, and the adoption of an European Union Strategy on Combating Antisemitism and Fostering Jewish Life (2021-2030).
Sufficient funding for the implementation these strategies needs to be guaranteed.

Fostering Jewish life and raising awareness about Jewish culture are essential tools for preventing and combating hatred, as well as enabling people to live an openly Jewish life.

5.
5.

Referring to its Resolution 1563 (2007) “Combating anti-Semitism in Europe” and its Resolution 2106 (2016) “Renewed commitment in the fight against antisemitism in Europe”, the Assembly recognises that the overall context has changed and that there are new challenges in the fight against antisemitism.

It fully supports the work of the European Commission against Racism and Intolerance (ECRI) and welcomes the adoption in 2021 of its revised General Policy Recommendation No.
9 on preventing and combating antisemitism.

The non-legally binding working definition of antisemitism of the International Holocaust Remembrance Alliance, in the light of ECRI’s opinion, provides useful guidance in the fight against the phenomenon.

Assembly debate on 22 June 2022 (21st sitting) (see Doc.

15539, report of the Committee on Equality and Non- 1.

Discrimination, rapporteur: Ms Petra Bayr).

Text adopted by the Assembly on 22 June 2022 (21st sitting).
https://pace.coe.int https://pace.coe.int Resolution 2447 (2022) In the light of these considerations, the Assembly calls on Council of Europe member and observer 6.

States, as well as on all States whose parliaments enjoy partner for democracy status, to: adopt strategies or national action plans to prevent and combat antisemitism and to promote 6.1.
Jewish life and allocate sufficient funding for their implementation; 6.2. criminalise denying, trivialising or condoning the Holocaust, if that is not yet the case; ensure that the desecration and profanation of Jewish property and monuments are 6.3. condemned; in case of a criminal offence, ensure that a motive based on “race”, national or ethnic origin, 6.4. religion or belief is an aggravating factor; sign and ratify Protocol No.

12 to the European Convention on Human Rights (ETS No.
177), 6.5. where it is not yet the case; sign and ratify the Additional Protocol to the Convention on Cybercrime, concerning the 6.6. criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No.

189), if this has not yet been done; fully implement ECRI’s revised General Policy Recommendation No.
9 on preventing and 6.7. combating antisemitism; 6.8. apply legislation criminalising antisemitic and other forms of hate speech, make the fight against antisemitism online a priority, take specific action to sanction online hate speech, including financial fines, and call on the accountability of social media to remove antisemitic content; 6.9. appoint a special envoy or co-ordinator on combating antisemitism, where it is not yet the case; 6.10. use the non-legally binding working definition of antisemitism of the International Holocaust Remembrance Alliance, in the light of ECRI’s opinion, as a practical guideline for action to prevent and combat antisemitism, if this is not yet the case; 6.11. improve the recording and collection of official data on antisemitic incidents, train police officers, prosecutors, and judges on preventing and combating antisemitism, encourage victims and witnesses of antisemitic violence and harassment to report incidents to the authorities and support victims of antisemitic violence and harassment with specialised support services; 6.12. develop and sustain co-operation between national authorities, Jewish communities and civil society organisations to map and address issues pertaining to antisemitism; 6.13. make teaching about the Holocaust a priority in programmes at secondary level, train teachers on preventing and combating antisemitism, and support the Observatory on History Teaching in Europe; launch awareness-raising programmes on preventing and combating antisemitism, which would 6.14. contribute to deconstructing conspiracy ideologies and stereotypes and encourage interfaith and intercultural dialogue; 6.15. abolish public financial allowances of organisations promoting antisemitism; 6.16. adopt an intersectional approach in the fight against antisemitism and support research into the gender dimension of antisemitism.
7.
With a view to fostering Jewish life in Europe, the Assembly also calls on member States to: ensure the security of Jewish communities living in Europe and of Jewish religious and cultural 7.1. premises; 7.2. together with representatives of Jewish communities and experts on Jewishness, develop and support programmes aiming at sharing information about Jewish culture and traditions, such as the pathfinders’ programmes; support Jewish educational and cultural structures, such as Jewish museums, and programmes, 7.3. and promote visits and exchanges for students.
2 Resolution 2447 (2022) 8.

With regard to Holocaust remembrance, the Assembly calls on Council of Europe member and observer States, as well as on all States whose parliaments enjoy partner for democracy status to implement Recommendation CM/Rec(2022)5 of the Committee of Ministers to member States on passing on remembrance of the Holocaust and preventing crimes against humanity.

The Assembly pledges to continue organising Holocaust remembrance ceremonies during its first part-sessions.
The Assembly calls on political parties to take strong measures where there are manifestations of 9. antisemitism, or any form of hate speech, in its instances, and political leaders to clearly speak out against antisemitism and other forms of hatred.

10.
The Assembly also asks national parliaments to: 10.1. carry out awareness-raising activities aimed at preventing and combating antisemitism, in co- operation with the No Hate Parliamentary Alliance whenever possible; 10.2. organise events on Holocaust remembrance, distortion and denial and debates on combating all forms of hatred, including antisemitism; 10.3. create parliamentary groups on combating all forms of hatred, including antisemitism; 10.4. publicly and resolutely condemn expressions of antisemitism and other forms of hatred by parliamentarians.
11.

Recognising that sport is an important vector for communicating positive behaviours to a wide public, in particular to young people, the Assembly calls on sports federations and clubs to participate in the fight against antisemitism and encourages them to adopt codes of conduct condemning it, launch awareness- raising campaigns and sanction hate speech.
The Assembly expresses its support for civil society organisations working to prevent and combat 12. antisemitism and other forms of hatred and calls for an increase in their financial assistance.

3 Resolution 2448 (2022)1 Provisional version Humanitarian consequences and internal and external displacement in connection with the aggression of the Russian Federation against Ukraine Parliamentary Assembly 1.
The Parliamentary Assembly is extremely concerned about the humanitarian consequences caused by the Russian war of aggression against Ukraine, which has displaced millions of people and caused the largest population movement since the Second World War.

It is appalled by the staggering and growing numbers, with more than a quarter of the Ukrainian population having fled the bombing, atrocities and terror by mid-May 2022.
The Assembly strongly condemns the forced deportation by Russia of more than one million Ukrainians 2. from the temporarily occupied territories of Ukraine to the territory of the Russian Federation under the guise of “peaceful evacuation” and is struck by the fact that 183 000 children are among them.

3.
3.

The Assembly also recalls its Resolution 2198 (2018) “Humanitarian consequences of the war in Ukraine” in which the Assembly had already been alarmed by the humanitarian situation resulting from the ongoing Russian war against Ukraine, but now the situation has deteriorated and needs extraordinary and swift steps to address it.

Applauding the rapid reaction of the Council of Europe, which suspended the Russian Federation on 4.
25 February and excluded it on 16 March 2022, in response to Opinion 300 (2022) adopted unanimously by this Assembly, the Assembly calls on Council of Europe member States to support the Organisation’s long- term commitment to Ukraine as set out in the adjusted Action Plan for Ukraine (2018-2022), which contains a series of immediate measures to address the direct consequences of the aggression committed by the Russian Federation.

5.
5.

The Assembly commends the solidarity demonstrated by Council of Europe member States in opening their borders on 24 February and welcomes the fact that the European Union States have activated, for the first time since its adoption in 2001, Directive 2001/55/EC (the so-called Temporary Protection Directive) and incorporated it into their national law.
It calls on all national parliaments, including those of non-EU member States that have not yet done so, to put in place at least equivalent protection and to extend it to cover third- country nationals, too.

This could include the lifting of visa restrictions where necessary.
The Assembly is impressed by the admirable efforts made by Ukraine, which, in addition to defending 6. its territory and the values of freedom and democracy it holds dear, has to meet the needs of the 7 to 9 million displaced persons who have found refuge in regions hitherto relatively untouched by the war.
While hoping for a rapid cessation of hostilities, the Assembly is aware that the humanitarian 7. consequences will not be resolved in the short term, so it is essential to ensure continued, long-term and co- ordinated support from Council of Europe member States in order to guarantee that displaced persons and refugees from Ukraine receive all the assistance they need to live in dignity and face the future.

Assembly debate on 22 June 2022 (22nd sitting) (see Doc.
15547 and addendum, report of the Committee on 1.

Migration, Refugees and Displaced Persons, rapporteur: Mr Pierre-Alain Fridez).

Text adopted by the Assembly on 22 June 2022 (22nd sitting).

https://pace.coe.int https://pace.coe.int Resolution 2448 (2022) 8.
The Assembly calls on the Ukrainian and Russian authorities to revive the exchange of war prisoners and return them to their territories in accordance with the rules of the Geneva Conventions, through the International Committee of the Red Cross and international humanitarian organisations.

9.
9.

Convinced that the dignified reception of those who have fled the war in Ukraine is undeniably a duty of all Council of Europe member States, the Assembly believes it is necessary to create the conditions for the sustained long-term resilience of the Ukrainian people.

10.

At the same time, we need to start thinking now about the reconstruction of Ukraine, which will have to face many challenges, especially with regard to the environment and infrastructure.
In this context, the Assembly welcomes the pledges made at the Warsaw Donors Conference on 5 May 2022.

Concurrently the Council of Europe will promote and ensure the comprehensive system of accountability for the war of aggression against Ukraine and gross human rights breaches by institutionalising a compensation mechanism for Ukraine.

This international assistance will need to be carefully targeted and co-ordinated in order to meet all of Ukrainian society’s needs.

11.
11.

In the meantime, as long as the war continues, the Assembly stresses the need for a co-ordinated, continuous, long-term and non-discriminatory support policy involving all relevant players, international organisations, central authorities, regional and local authorities, civil society and the private sector.
Acknowledging the enormous generosity shown by Europeans towards Ukraine through the very 12. substantial humanitarian donations made since 24 February, the Assembly regrets their gradual decrease and urges constant and sustained efforts, while stressing that this humanitarian aid must be subject to monitoring and quality control.

To this end, it encourages the European Union, the relevant United Nations agencies and the Ukrainian authorities responsible to set up a mechanism to carry out these tasks.

13.
13.

The Assembly calls on the European Union to urgently provide clear legal clarification on the rights of temporary protection holders who, having stayed in the European Union for more than 90 days within any 180 day period, and then returned to Ukraine, wish to re-enter the territory of the European Union.

14.

The Assembly encourages the member States to develop humanitarian crisis-management action plans in order to avoid the improvisation seen in the early days.
Those States with no tradition of taking in migrants should reflect on their recent experience in order to envisage a paradigm shift.

15.

The Assembly considers that an integrated approach to the assessment of Ukraine’s humanitarian needs is indispensable.

In this context, the support provided by international organisations, in particular the Office of the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM), is essential.

16.
16.

The Assembly points out that infrastructure issues (roads, transport, water drainage, waste management, etc.)

need to be examined at the same time as the assessment of housing needs.
It welcomes the recent initiative of 120 architects from all over Ukraine who met in Irpin in the Kyiv region to draw up a development strategy for the reconstruction of the city and recommends the creation of a network of non- governmental organisations that, under the umbrella of the Council’s Conference of International Non- Governmental Organisations, will bring together architects and engineers from Council of Europe member States who could provide support to their Ukrainian colleagues.

17.
17.

Recognising the primary responsibility of national authorities for taking in refugees, the Assembly is impressed by the key role played by civil society in providing a dignified humanitarian response to the plight of the Ukrainian people and realises that this support is essential for addressing the many challenges faced by host States.
It regrets, however, that this role does not always receive due recognition and calls on national authorities to treat non-governmental organisations, Ukrainian diaspora associations, volunteers and other players as full partners.

Those whose competences and involvement are well established should be eligible for national and international funding.

18.
The Assembly is deeply concerned about the plight of certain vulnerable groups: 18.1. it encourages the member States of the Council of Europe, including their national parliaments, to embrace the activities, norms and standards developed in connection with the Council of Europe Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe (2021-2025) in order to implement all necessary measures to address the vulnerability affecting certain individuals; 2 Resolution 2448 (2022) 18.2. it reiterates the compelling need to identify those in vulnerable situations at an early stage and to comply with the norms and standards of the Council of Europe as developed in connection with the Council of Europe Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe (2021-2025); 18.3. in order to prevent human trafficking, it recommends the establishment of a transnational tracking system that would help border police to identify potential victims more easily.
In general, it is still necessary to intensify measures to prevent and combat trafficking and the abuse and exploitation of vulnerable people, especially women and children, drawing on the guidance note from the Group of Experts on Action against Trafficking in Human Beings (GRETA); recalling that unaccompanied and missing children (whether they have left Ukraine or are still on 18.4. its territory) are at a higher risk of sexual exploitation and abuse, the Assembly welcomes the Statement adopted on 10 March 2022 by the Committee of the Parties to the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse ( CETS No.
201) (the Lanzarote Committee) on protecting children from sexual exploitation and sexual abuse resulting from the military aggression of the Russian Federation against Ukraine.
It is essential that States implement the recommendations adopted by the Lanzarote Committee in the context of its Special Report “Protecting children affected by the refugee crisis from sexual exploitation and sexual abuse” and follow the guidance to States on the prevention and protection of children from sexual exploitation and sexual abuse in the context of migration and asylum contained in the practical sheet prepared for this purpose; 18.5. welcoming Recommendation CM/Rec(2022)17 of the Committee of Ministers of the Council of Europe on protecting the rights of migrant, refugee and asylum-seeking women and girls, adopted on 20 May 2022, the Assembly calls for its effective implementation.
In this context, it calls for the implementation of gender-sensitive policies and services; 18.6. it emphasises the importance of the accountability and transparency of aid beneficiaries and the distribution of international aid, assistance and funding for the urgent needs of internally displaced persons; 18.7. the Assembly regrets that third-country nationals have not been given the same welcome as Ukrainian nationals and reiterates the obligation to protect people fleeing from Ukraine against xenophobic and racist violence and hate speech.
It strongly encourages member States to take due account of the statement on the consequences of the aggression of the Russian Federation against Ukraine adopted by the European Commission against Racism and Intolerance (ECRI) at its 88th plenary meeting (29 March – 1 April 2022) and hopes that the response by member States and the many initiatives developed during this period will also benefit other refugees in Europe and that a new approach will be taken to them.
It stresses the need to ensure equal opportunities in access to education for all pupils and students whose education was interrupted by the outbreak of hostilities in Ukraine.

It also recommends that the possibility be introduced of taking examinations remotely, particularly for students from third countries, or the option of returning to Ukraine to study once that is possible; 18.8. the situation of Roma remains a matter of concern.
It has highlighted the difficulties which remain concerning the documentation of Roma in Ukraine and the need to remedy them once conditions so permit.

The Assembly stresses the need for safe and regular routes to safety for everyone, regardless of their nationality, ethnicity or religion – including stateless people and undocumented Roma.
It refers to the Statement by the Commissioner for Human Rights of the Council of Europe, who urged all member States to raise awareness of the vulnerabilities and difficulties faced by Roma fleeing the war and to increase their efforts to address them, in particular by ensuring that humanitarian assistance is provided to everyone, without any discrimination.
The Assembly suggests that when preparing their monitoring reports on the situation in Ukraine and the other countries concerned, the relevant Council of Europe bodies should take stock of the situation and propose concrete solutions, and recommends the mobilisation of the Council of Europe’s Roma and Travellers Team to ensure that Roma fleeing the fighting are given proper long-term protection including a path for permanent residence or citizenship and, indeed, enabled to participate in integration programmes without being stigmatised; the Assembly reiterates the need to ensure the rights of everyone, without discrimination, and in 18.9. this connection calls on all member States to consider the situation of LGBTI persons who are still in Ukraine or are fleeing the war, in order to ensure that their vulnerability and needs are fully taken into account in the humanitarian assistance provided to them; 3 Resolution 2448 (2022) 18.10. the Assembly notes that the situation of children requires specific measures, based on the principle of the best interests of the child.
With regard to unaccompanied and separated children, it refers to Resolution 2449 (2022) “Protection and alternative care for unaccompanied and separated migrant and refugee children”, to the recommendation of the Committee of Ministers Rec(2019)11 on “Effective guardianship for unaccompanied and separated children in the context of migration” and to the Guide on Family-Based Care for Unaccompanied and Separated Children adopted by the Steering Committee for Human Rights (CDDH) in December 2021.
It also recalls the measures proposed under strategic objective 6 (“Children's rights in crisis and emergency situations”) of the new Council of Europe Strategy for the Rights of the Child (2022-2027), in particular with regard to the protection of migrant children and children in armed conflicts.

19.

Understandably, people who have fled Ukraine face a dilemma of wishing to return as quickly as possible on the one hand and needing to integrate on the other.
The Assembly recognises the desire of displaced persons for their safe, voluntary and dignified return, aware as they are of the unstable security situation.
It believes it is essential for people who have fled abroad to escape the war to find their place in the host society during their stay: 19.1. therefore, as soon as possible and at the latest after completing their school year based on the Ukrainian curriculum, at the beginning of the 2022 school year children should be encouraged to attend the schools of the country in which they are living.

The summer holidays could provide an opportunity to prepare them for the start of school in their host country.
The language education and linguistic integration tools for children developed by the Council of Europe should be used systematically.

On their return to Ukraine, the learning acquired should be recognised by the Ukrainian school system.
Access to pre-school facilities is also very important for many women arriving with young children, for whom the lack of this type of childcare would make their integration and access to the labour market even more difficult; 19.2. the Assembly is also aware that access to employment in host countries remains a major challenge for refugees from Ukraine, in particular with regard to the recognition of their qualifications.
It welcomes the efforts already undertaken to strengthen the abilities of recognition professionals in order to facilitate the efficient, professional and fair processing of Ukrainian qualifications and is pleased that the European Qualifications Passport for Refugees can assist refugees and host governments in the coming weeks and months.
Already 16 European countries have joined this Council of Europe project and the Assembly encourages others to do so in order to assess the qualifications of Ukrainian people who have been forced to flee the war, even in the absence of full documentation; 19.3. local authorities in cooperation with Ukrainian diaspora organisations and other civil society representatives should support the opening of Ukrainian Houses, integration centres for Ukrainian displaced people to better facilitate their socialisation and psychological assistance, as well as their linguistic preparation for employment; national authorities should facilitate the resolution of the housing problems of Ukrainian displaced persons, including through programmes to partially subsidise rental costs; 19.4. an assessment of the needs, both material and psychological, of those who go back to Ukraine should be carried out by the relevant bodies and international support programmes to ensure these people do not face hardship on their return; 19.5. special educational online programmes should be financed for Ukrainian children to sustain their Ukrainian education.
20.

The Assembly is concerned about the mining of Ukraine's territory by Russia in the context of creating conditions for the safe return of displaced persons and calls for intensified efforts to assist Ukraine in accelerating the demining process of its own territories.

21.

The Assembly welcomes the active role played by the Council of Europe Development Bank (CEB) in assisting those fleeing the war in Ukraine through grants from its Migrants and Refugees Fund and through loans.
Recognising that the arrival of thousands of refugees from Ukraine has posed an undeniable challenge to its neighbouring countries, particularly in terms of public services, such as schools, hospitals and transport, which were already insufficient before the war, it considers that the current situation of rapidly increasing needs should be turned into an opportunity and serve as an impetus to strengthen failing and/or insufficient public services, particularly through the CEB’s involvement.
4 Resolution 2448 (2022) 22.

In this context, the Assembly calls on Council of Europe member States to further strengthen the CEB’s resources with a view to improving its ability to address urgent needs through targeted grants and increasing its capacity to finance long-term investments in social infrastructure in countries hosting large numbers of Ukrainian refugees, and it urges Ukraine to join the CEB as quickly as possible.

23.
23.

Recognising the key role of local and regional authorities in addressing the dire humanitarian consequences faced by citizens and aware that needs are best assessed at their source, the Assembly applauds the establishment of the Cities4Cities platform supported by the Congress of Local and Regional Authorities as a co-ordination point for responding to the demands and needs of Ukrainian cities and regions in a synchronised manner.
It calls on this initiative to be transformed into a fully-fledged European twinning platform to enable the establishment of detailed twinning arrangements, with the aim of mobilising solidarity and ensuring that the humanitarian aid provided corresponds to actual requirements and is channelled to where it is needed.
In addition, the Assembly invites the Congress of Local and Regional Authorities to consider ways of helping local authorities to manage the humanitarian consequences for local communities, in co-ordination with other relevant players.

24.

Member States that do not share a border with Ukraine need to do more to co-ordinate and support the tremendous efforts being made in the neighbouring countries.
The Assembly calls on central, regional and local authorities to facilitate the intra- and international transport of displaced persons, in particular by providing additional means of transport as well as related services, such as information/guidance, the organisation of social housing, the enrolment of children in schools, etc.
It also advocates the creation of a European unified platform for the provision of information and the purchase of train tickets, a distant descendant of the InterRail Card, which was created at the initiative of the Council of Europe.

25.
Lastly, the Assembly, aware of the very important role played by the private sector in mitigating the damage caused by the humanitarian crisis resulting from the Russian aggression against Ukraine and of the role the Assembly itself will be called upon to play in the country’s reconstruction, encourages Council of Europe member States, in terms of information society services and systems, to exploit the possibilities provided by the partnership between the Council of Europe and the private sector in order to maintain and promote the implementation and/or reconstruction of digital infrastructure and related services, including a secure and open internet that respects human rights both online and offline.
5 Resolution 2449 (2022)1 Provisional version Protection and alternative care for unaccompanied and separated migrant and refugee children Parliamentary Assembly 1.

The Parliamentary Assembly is alarmed by the rapidly growing number of unaccompanied and separated migrant and refugee children in Europe.

These children have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so.
However, Article 8 of the European Convention on Human Rights (ETS No.

5) constitutes a positive obligation of member States to protect private and family life, especially of unaccompanied and separated migrant and refugee children who are particularly vulnerable and require higher protection.

2.

The main reasons for the substantial number of children ending up in Europe alone, often without any identification, means of subsistence or support are poverty, armed conflicts, and the climate crisis.
In recent years, most unaccompanied children came from Afghanistan, Syria, and Bangladesh.

The Assembly stresses the need for sustained efforts to eradicate poverty and deprivation across the world; to invest massively in peace building, reconciliation and peaceful conflict resolution; and to prioritise tackling climate change and ensuring decent living standards for all, rather than economic growth and profit-maximising for the few.

3.
3.

The ongoing Russian Federation’s aggression against Ukraine has the drastic consequence of a massive displacement of migrant and refugee children, many of them unaccompanied and separated.

As such, they are extremely vulnerable to exploitation and abuse, and fall easily prey to smugglers and traffickers.
It is of utmost importance and urgency that the competent authorities of Council of Europe member States, including members of parliaments, are fully aware of the legal obligations stemming from international and European treaties related to the protection of unaccompanied and separated children, including alternative care, to ensure flawless protection of these children and to ensure their best interest in all aspects.

4.
4.

The Assembly recalls in particular the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, which all member States are party to.

The United Nations Committee on the Rights of the Child has issued useful General Comments to guide member States in its efficient implementation.

The Council of Europe Convention on Protection of Children against sexual exportation and abuse (CETS No.
201, “the Lanzarote Convention”) and the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No.

197), also both ratified by all member States, together with the revised European Social Charter (ETS No.

163) and several non-binding texts provide a comprehensive set of standards and guidance to build a safety net to ensure the necessary protection which these children are entitled to.

5.
The Assembly also recalls its Resolution 1810 (2011) “Unaccompanied children in Europe: issues of arrival, stay and return”, Resolution 2020 (2014) “The alternatives to detention of children”, Recommendation 2190 (2020) “Effective guardianship for unaccompanied and separated migrant children”, and Resolution 2324 (2020) “Missing refugee and migrant children in Europe”, as well as the findings of its Parliamentary Campaign to End Immigration Detention of Children (2016-2019), in which the Assembly encouraged member Assembly debate on 22 June 2022 (22nd sitting) (see Doc.
15548, report of the Committee on Migration, Refugees 1. and Displaced Persons, rapporteur: Ms Mariia Mezentseva; and Doc.

15554, opinion of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Ms Sibel Arslan).

Text adopted by the Assembly on 22 June 2022 (22nd sitting).
https://pace.coe.int https://pace.coe.int Resolution 2449 (2022) States to adopt alternatives to detention that meet the best interest of the child and allow children to remain with their family members and/or guardians in non-custodial, community-based contexts while their migration status is being decided upon.

6.

The Assembly underlines that all member States should adopt a common approach whereby unaccompanied and separated migrant and refugee children are, first and foremost, considered as children.
This entails ensuring that their best interest is the primary consideration, irrespective of their migration status in the country concerned.
In this context, member States must ensure that unaccompanied and separated migrant and refugee children benefit from: all due child protection safeguards, including adequate and immediate identification and 6.1. registration of their identity and legal, family and social situation; 6.2. a robust and gender sensitive assessment of their immediate protection, support and care needs; particular attention should be paid to victims of violence, abuse and human trafficking as well as to children with special needs including medical and psychological needs; the immediate appointment of a guardian, who will act to protect the child’s best interest and link 6.3. the child to required services, while searching for the child’s parents and family members; an exhaustive assessment and determination of their best interest by their guardians, child 6.4. protection services or competent courts where necessary; 6.5. access to education; governments must provide for the integration of unaccompanied migrant minors in the field of education, ensure their learning process and facilitate their link with school and with other children of their age; 6.6. child-sensitive age-assessment procedures, which should only be carried out if there are serious doubts about a person’s age, and which should always be carried out in the best interests of the child, and be subject to independent monitoring; the development of a single model of age assessment in Europe, based on the presumption that the person is a minor; systematic application of the margin of error in favour of the person concerned, so that the lowest age in the margin determined by the assessment is recorded as the person’s age; and access to effective remedies.
Furthermore, the Assembly underlines that member States are legally responsible for unaccompanied 7. and separated migrant and refugee children within their territory in accordance with Article 8 of the European Convention on Human Rights and, therefore, should offer solid child protection systems, which include strong co-ordination between the competent child protection and migration bodies as well as with other authorities and relevant civil society.
Appropriate and sustainable budgeting and investment in human and other resources can ensure adequate and gender sensitive protection and care.

8.

The Assembly considers that the Council of Europe should facilitate the creation of a European platform for the exchange of knowledge, practical know-how and best practices between its member States in the successful implementation of alternative care for unaccompanied and separated migrant and refugee children.

9.
9.

The Assembly invites member States to respond adequately to the needs of unaccompanied and separated migrant and refugee children by providing them with assistance that preserves family unity and keeps them with relatives or other caregivers.

For this end, the member States should adopt alternative care solutions, as interim measures, until the time when children can be reunited with their family members.
Therefore, member States are invited to: create safe, legal and accessible routes for children to reunite with their families in Europe, 9.1. which spare them from long and dangerous travelling alone; 9.2. adopt a legislative framework, if not already in place, allowing the development of proactive targeted measures, which address specific needs of unaccompanied and separated migrant and refugee children; ensure that family reunification requests of unaccompanied and separated migrant and refugee 9.3. children are considered as a priority matter respecting the best interest of the child; 9.4. integrate asylum reception and migration systems in childcare and protection systems ensuring that unaccompanied and separated migrant and refugee children have access to the same protection and care as all other children; provide necessary funding and designate a public authority responsible for this integration; conduct a timely assessment of specific needs of unaccompanied and separated migrant and 9.5. refugee children aiming at providing the best care adapted to the case of each child; 2 Resolution 2449 (2022) take into account all specific aspects of the new environment of migrant and refugee children 9.6.
(language, different culture and living conditions) when proposing a care solution for the children; ensure that the views of migrant and refugee children in need of alternative care are considered 9.7. when identifying care arrangements that are in their best interest; 9.8. build public support for child-friendly policies in the field of migration, by raising awareness of the plight of unaccompanied and separated migrant and refugee children, making full use of the wealth of witness accounts and advocacy; 9.9. ensure that the public authority responsible for the State system of alternative care for unaccompanied and separated children guarantees different care options and employs a sufficient number of well-trained specialists in providing different types of care.
It should also monitor different alternative care solutions on a regular basis; 9.10. pay special attention to the recruitment of foster families, ensuring their intercultural awareness, pedagogical and nurturing experience, as well as capacity to create a space for a child.

They should also have good awareness of the asylum process and be able to support a child at its different stages, including psychological support.

10.
10.

The Assembly reaffirms that when such family reintegration is not possible, member States should develop and implement a range of suitable quality alternative care that responds to the specific and individual needs of unaccompanied and separated migrant and refugee children.
Recalling the United Nations Guidelines for the Alternative Care of Children, the Assembly calls on member States to provide the following alternative care models: 10.1. kinship care, whereby children live with an adult member of their extended family; foster care, whereby children are formally placed in the domestic care of suitable adults acting 10.2. as foster parents; 10.3. emergency and transit shelters, in exceptional circumstances while the situation that caused the family separation is assessed and addressed.
If minors are placed in emergency and transit shelters, they should not be placed together with adults.

Furthermore, member States should develop other family-based care with supervised and independent 11. living arrangements, small-group care and, as a last resort, suitable residential care, ensuring that the principle of non-detention is safeguarded in any of these modalities.
The UN Guidelines for the Alternative Care of Children should be applied when determining the necessity and suitability of arrangements for the care of unaccompanied and separated migrant and refugee children, in particular Part IX.

12.
12.

Finally, member States shall also provide services, programmes and measures aimed at supporting unaccompanied and separated migrant and refugee children to transition out of care and continuing emotional and practical support aimed at strengthening their autonomy; this entails appropriate preparation and planning prior to leaving care, regardless of whether the young person is staying in or leaving the country, as well as enhanced opportunities for integration in the host country.

13.
The Assembly urges, as regards specifically the current emergency situation affecting Ukrainian children, that there is an ongoing need for member States to strengthen a co-ordinated approach at European level amongst countries of first arrival, transit countries and host countries to ensure that children are promptly identified, registered and do not go missing, that they benefit from all protection safeguards and that they are placed, when determined as necessary, in suitable quality alternative care arrangements.
The security of all children, including those awaiting family reunification and in temporary care, should 14. be prioritised.

Adoption should not be considered in any emergency setting.

3 Resolution 2450 (2022)1 Provisional version Justice and security for women in peace reconciliation Parliamentary Assembly 1.
The vital role of women in building and safeguarding peaceful, democratic societies has never been as evident as it is now, in the wake of a series of crises affecting global stability and amplifying the strengths and weaknesses of our societies.

2.

The Covid-19 pandemic showed that the majority of primary carers within the family unit and within the community are women, that women have the capacities to resist, adapt and innovate, heal and communicate – and that they must also be seen as leaders.
Women heads of State, for instance, were among those who handled national public health measures during the pandemic the most successfully, through collaborative and consultative approaches.

The #MeToo movement spearheaded the denunciation of the hegemony of patriarchal attitudes.
These 3. attitudes complicate the recognition of women’s capabilities for leadership wherever old inequalities have embedded prerogatives and sanctioned the misuse of power, and where acceptance though force of habit, and fear of retribution, have stopped all but a small number of women from daring to speak out.

4.

The return of the Taliban to Afghanistan has shown the fragility of progress in women’s rights and exposed the vulnerabilities of women and girls under fundamentalist regimes.
The ongoing war in Ukraine is demonstrating once again that while women and girls are among the first casualties of war, notably as victims of conflict-related sexual violence, among the most systematic and cruel acts of warfare, women are also at the political, military and humanitarian forefront.

It is therefore unrealistic, and even surreal to see that women are absent from the negotiating table during peace talks.
This state of affairs is nothing new, as can be seen by looking at the peace negotiations in the countries of the former Yugoslavia.

United Nations statistics show that between 1992 and 2019, women were on average 13 % of negotiators, 6 % of mediators, and 6 % of signatories in major peace processes worldwide.

About 7 out of every 10 peace processes did not include any women mediators or women signatories.

Change must come if the processes themselves are to have lasting positive effects.
In the light of the above, the Parliamentary Assembly considers that it is time to put justice and security 5. for women at the top of the list of priorities for global action, and for women to be empowered to act in all stages of conflict resolution and peace building, in line with the United Nations Security Council Resolution 1325 (2000) on women, peace and security.
The Ukrainian women parliamentarians have shown during the ongoing war that they are capable of capturing the world’s attention to the unfolding drama and of acting tirelessly to put an end to the conflict, while reflecting on how legislation and policies can contribute to peace and reconciliation after the war.

6.
6.

The Assembly recalls its Resolution 2351 (2020) “The gender dimension of foreign policy” and Resolution 1385 (2004) “Conflict prevention and resolution: the role of women”, reiterating with the latter text that “as the main civilian victims of conflicts, they are often powerless to prevent them, excluded from the negotiations when it comes to their resolution and confined to a marginal role in the post-conflict reconstruction and reconciliation efforts”.
The Assembly draws attention to the Council of Europe’s Gender Assembly debate on 22 June 2022 (22nd sitting) (see Doc.

15525, report of the Committee on Equality and Non- 1.

Discrimination, rapporteur: Ms Yevheniia Kravchuk; and Doc.

15538, opinion of the Committee on Political Affairs and Democracy, rapporteur: Ms Boriana Åberg).

Text adopted by the Assembly on 22 June 2022 (22nd sitting).
https://pace.coe.int https://pace.coe.int Resolution 2450 (2022) Equality Strategy (2018-2023), of which two main objectives are to ensure the equal access of women to justice and to achieve a balanced participation of women and men in political and public decision-making.
It also recalls Recommendation CM/Rec(2010)10 of the Committee of Ministers to member States on the role of women and men in conflict prevention and resolution and in peace building, and calls for work to begin on a new recommendation focusing on women’s role.

With respect to women’s role in peace and security policy and action, the Assembly calls on Council of 7.
Europe member States and national parliaments to: 7.1. employ all means, including by introducing feminist foreign policies, to implement the four pillars of the United Nations Women, Peace, and Security (WPS) agenda, namely participation, protection, prevention and relief and recovery.
To this end, member States should promote and implement the provisions of the United Nations Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW); 7.2. make further efforts to implement UN Security Council Resolution 1325, which provides a framework for WPS by acknowledging the disproportionate and unique impact of armed conflict on women and girls, calling for the adoption of a gender perspective to consider the special needs of women and girls during conflict, repatriation and resettlement, rehabilitation, reintegration, transitional justice, policy making and post-conflict reconstruction, and by calling on States to engage women in all stages of peace building and State governance in general; 7.3. design, implement, monitor and revise National Action Plans under Resolution 1325, modelled on those which have already shown positive results, and which ensure the participation of national authorities and civil society organisations in the development, implementation and monitoring (such as the Netherlands National Action Plan Supervisory Board).
In particular, the integration of gender mainstreaming in implementation processes in all areas must be a priority objective.

8.

Women form part of every country’s military forces.

For instance in Ukraine they make up 17% of the army, and as such participate fully in the defence of the country.
With respect to women’s role in the armed forces, recalling Resolution 2120 (2016) “Women in the armed forces: promoting equality, putting an end to gender-based violence”, the Assembly urges member States to: recognise that women, far from being solely the victims of war, are in the front line both of 8.1. national defence and of humanitarian action, and as such must be given equal rights coupled with gender-specific means to uphold these rights; 8.2. take measures to promote the recruitment of women to the armed forces and ensure that women in the armed forces are given the same opportunities and incentives as their male counterparts to participate in strategic planning and decision making at the highest levels; 8.3. provide for military training that includes awareness of gender-sensitivity and gender specificity, including with respect to physical contact during combat, military accommodation conditions and the provision of medical and psychological support; ensure that women are protected against violence within the armed forces, by measures of 8.4. prevention, awareness-raising and sanctions for perpetrators; address women’s needs in post-conflict situations of disarmament, demobilisation and 8.5. reintegration; include teaching on the gender dimension in all stages of military training and make sure that 8.6. both women and men teach in military academies.
9.

Transitional justice is a precondition for rebuilding peaceful societies and attaining justice and closure for victims.
Therefore, the Assembly welcomes the decision by the Prosecutor of the International Criminal Court to investigate the crimes committed by the Russian Federation in its war of aggression waged against Ukraine, as well as the establishment of a special investigation commission by the United Nations Human Rights Council, following the unprecedented collective call for action by States Parties.

10.
With respect to the investigation and prosecution of crimes committed during armed conflict, the Assembly calls on member States to: ratify the Rome Statute of the International Criminal Court if they have not already done so, in 10.1. order to allow for international prosecution of crimes against humanity, war crimes and aggression; 2 Resolution 2450 (2022) 10.2. empower witnesses, survivors and affected communities to actively contribute to investigations, leaving no bystanders in the efforts to establish the truth and pursue those who may be responsible for international crimes; 10.3. facilitate gender-specific collection of testimonies from persons having suffered sexual violence during conflict taking care to avoid re-traumatisation by providing expert support and guarantees of confidentiality.
States must ensure that appropriate medical and psychological support is given before and during the collection of testimonies; 10.4. support the independence and action of Ombudspersons in Europe, especially those who are women, and sustain their ability to investigate human rights abuses; 10.5. provide training for women as mediators to be involved in peace missions, conflict resolution and peace support operations.

11.
11.

Women’s civil society organisations are at the heart of national and international frameworks to accompany women who suffer the consequences of conflict – migrants, refugees and asylum-seekers as well as internally displaced persons, victims of gender-based violence, and to support women who are survivors of violence due to war in their own countries, for instance in the former Yugoslavia.
The Assembly therefore calls on member States to: 11.1. directly allocate funds to women’s civil society organisations advocating for peace and reconciliation, and those dealing with the serious and lasting physical and psychological consequences of conflict for women; 11.2. promote inclusive dialogue and participation of minorities in decision-making and political processes, including in peace negotiations and transitional justice processes, and provide capacity building support.

12.
12.

Stressing that quality education, notably with regard to citizenship, conflict transformation and human rights, is essential for developing peaceful societies, the Assembly calls on Council of Europe member States to include democratic citizenship and peace education into the formal school curriculum from an early age.

13.
13.

Finally, the Assembly calls on all member States to ratify, if they have not already done so, the Convention on preventing and combating violence against women and domestic violence (CETS No.

210, “the Istanbul Convention”), which provides for the protection against and prevention of violence against women, prohibits rape and applies to all women, including migrants, refugees and asylum-seekers, in peacetime as well as during conflict.
3 Resolution 2451 (2022)1 Provisional version The honouring of membership obligations to the Council of Europe by Malta Parliamentary Assembly 1.

Malta became the 18th member State of the Council of Europe in 1965.

Recently it has been in the focus of attention of the international community, including the Parliamentary Assembly as a result of the assassination of anti-corruption journalist Daphne Caruana Galizia, and the authority’s response to it.
The Assembly reiterates its position taken in Resolution 2293 (2019) “Daphne Caruana Galizia’s assassination and the rule of law in Malta and beyond: ensuring that the whole truth emerges”.

It welcomes the establishment, on its recommendation, of an independent public inquiry commission.
It notes with concern the findings by this commission published on 29 July 2021 of malfunctioning democratic institutions in the country, and in particular its conclusion that there is a culture of impunity and institutional omerta in Malta.

The Assembly calls upon the Maltese authorities to continue their work and efforts to fully address the concerns and recommendations expressed in the report by the independent public inquiry commission.

2.
2.

The Assembly’s report on Daphne Caruana Galizia’s assassination, as well as the opinion of the European Commission for Democracy through Law (Venice Commission) on the constitutional arrangements for the separation of powers and independence of the judiciary, laid bare a systemic malfunctioning of democratic and rule of law institutions, and were a watershed moment for the country.
The Assembly therefore very much welcomes the reforms initiated by the authorities to address the shortcomings and recommendations made in these texts, especially with regard to the independence of the judiciary and appointment procedures for official positions.

While these reforms constitute marked progress, they only partially address the concerns and shortcomings that were noted.
In the view of the Assembly, a comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed.

This all the more important in the context of the deeply rooted political and social polarisation in Malta, which permeates nearly all aspects of the Maltese society and endangers the functioning of its democratic institutions.

3.
3.

The Assembly therefore welcomes the establishment, by the President of Malta, of a Constitutional Convention to formulate a reform of Malta’s constitutional framework, which will help assure that these reforms have wide support and acceptance in the Maltese society.

The Assembly encourages the authorities to ensure a broad and comprehensive consultation process, and to provide the Constitutional Convention with a clear mandate and strict timeframe to complete its work.
Malta’s Parliament consists of part-time members of parliament.

This undermines its capacity for 4. legislative initiative as well as its capacity to provide proper parliamentary oversight over the executive.

In addition, the need for members of parliament to have secondary employment increases the vulnerability of the parliament to corruption and conflicts of interest.

The Assembly therefore recommends a far-reaching reform Assembly debate on 23 June 2022 (23rd sitting) (see Doc.
15546, report of the Committee on the Honouring of 1.

Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), co-rapporteurs: Mr Bernard Fournier and Mr George Loucaides).

Text adopted by the Assembly on 23 June 2022 (23rd sitting).

https://pace.coe.int https://pace.coe.int Resolution 2451 (2022) of the Maltese Parliament with the aim of establishing a full-time parliament that can provide proper parliamentary oversight and regain legislative initiative.
In addition, the Assembly invites the Maltese Parliament to: considerably limit and circumscribe the possibility for, and types of, secondary employment by 4.1. members of parliament; define and delimit by law the list of allowed secondary functions, including in Officially Appointed 4.2.
Bodies, for members of parliament; abolish the constitutional requirement that stipulates that ministers must be members of 4.3. parliament; introduce public financing for political parties with a view to reduce their dependency on private 4.4. donations which have an inherent risk for conflicts of interest and corruption.

The Assembly welcomes the reforms that have been implemented with regard to the appointment 5. process of judges and magistrates.
These reforms have strengthened the system of checks and balances over this appointment process and reduced its vulnerability to politicisation.

This is a step forward with regard to strengthening the judiciary.

In this respect it particularly welcomes the strengthening of the role of the President in the appointment process while reducing the extensive and discretionary powers of the Prime Minister.
Given the increased powers of the President, his or her direct election by the Maltese citizens should be explored.

6.

The reform of the judicial appointment process, and the reform of the prosecution service, separating the function of State advocate from that of the Attorney General and removing the Attorney General from the Commission for the Administration of Justice are important steps to strengthen the independence and impartiality of the judiciary.
Another welcome development in that respect has been moving the responsibility for prosecuting most crimes from the police to the Attorney General.

At the same time, the Assembly encourages the authorities to implement further reforms as recommended by the Venice Commission and the Independent Public Inquiry Commission.

It reiterates that strengthening parliamentary oversight over the executive is essential in this respect.
In addition, the Assembly recommends that the parliament adopts the required legislation that ensures that acts that have been declared unconstitutional by the Constitutional Court immediately lose their legal force.

7.

Despite welcome reforms, the Prime Minister maintains considerable control over the civil service, which undermines the latter’s independence from political forces.
A key concern in this respect is the excessively high number of political appointees, also known as persons of trust, in Malta’s civil service, which are appointed bypassing the legal civil service appointments procedures.

The high number of political appointees, and lack of legal regulations governing these positions, increases the vulnerability of Malta’s civil service to conflicts of interest and cronyism.
Recent reforms have not sufficiently addressed this issue and the Assembly therefore urges the authorities to implement additional reforms with a view to legally limiting the appointment of persons of trust to a small number of clearly defined and regulated positions.

8.

The Assembly welcomes the recent reforms that have strengthened the position and independence of the Ombudsperson, who performs an important institutional oversight function over the authorities.
However, it regrets the lack of enforcement of the right of information of the Ombudsperson, and the limited follow up given by the parliament and executive to its reports, which weaken the efficient functioning of this important institution.

9.

A key concern for the Assembly is the continuing vulnerability of Malta’s public sector to corruption.
Despite the high perception of corruption there has been little visible response and a coherent overall strategy to prevent corruption in public institutions is lacking.

This has created a culture of impunity.

Overcoming this culture of impunity and institutional omerta is one of the key challenges facing the Maltese society and its democratic institutions and should be addressed as a matter of utmost priority.
In this respect, the Assembly: regrets the structural weaknesses that have limited the results and effectiveness of the 9.1.

Permanent Commission Against Corruption; 9.2. welcomes the establishment of the Commissioner for Standards in Public Life and the effective functioning of his Office.
The Assembly recommends the authorities to strengthen the powers and the resources given to the Commissioner for Standards in Public Life and to consider the further streamlining of anti-corruption institutions to avoid overlap and interference between them; 2 Resolution 2451 (2022) 9.3. recommends that the authorities further strengthen the Whistle-blowers Act to ensure that whistle-blowers that divulge their knowledge to the media are sufficiently protected, and to change the requirement that external whistle-blowers have to report to the Cabinet of Ministers Office to be granted immunity from prosecution, which can act as a barrier for civil servants to come forward and report fraud and corruption; deplores the structural lack of implementation and enforcement of the Freedom of Information 9.4.
Act that renders this law ineffective.

This needs to be addressed as a matter of urgency.

In this respect, it is important to underscore that a culture of transparency and openness cannot be achieved by legislation alone but also needs commensurate change of behaviour and attitude; is concerned about the vulnerability to corruption and money laundering of Malta’s “citizenship 9.5. by investment programme” and calls on Malta to abolish this programme.

10.
10.

The Assembly is deeply concerned about the polarised media environment and the challenges faced by the media, including direct threats to journalists, that negatively affect press freedom in Malta.

It therefore welcomes the recent establishment of a Committee of Experts on Media with a view to strengthening media freedom in Malta.
The abuse of anti-defamation legislation and Strategic Lawsuits Against Public Participation (SLAPPs) to silence journalists, is an issue of increasing concern that needs to be addressed as a matter of urgency.

11.

The Assembly is concerned that, despite considerable progress, gender inequality and stereotypes remain deeply rooted in the Maltese society.

Despite improvements in the legislation, representation of women in politics and government is still low.
The Assembly, however, welcomes the amendments to the Constitution to put in place a gender-corrective mechanism, and its application following the general elections in March that has resulted in 12 additional seats for women.

The Assembly therefore welcomes the new Equality Law that is before the parliament and encourages the parliament to adopt it without delay.
The Assembly notes that Malta is one of the very few Council of Europe member States to prohibit abortion entirely, including in cases of rape or danger to the life of the mother.

Reproductive rights and health are a key aspect of women rights that need to be improved in Malta as a matter of priority.

12.

The Assembly recognises that Malta is a Mediterranean frontline State with regard to irregular migrants and asylum seekers, whose numbers are very high in comparison to Malta’s small population.
The Assembly calls upon other European States to show commensurate solidarity with Malta in this respect.

At the same time, it urges the Maltese authorities to ensure that its responsibilities and human rights obligations with regard to irregular migrants and asylum seekers are fully honoured, and to step up efforts in this regard.

13.
13.

Malta faces important challenges to the functioning of its democratic and rule of law institutions, which, if left unaddressed, could affect the level of democratic consolidation in the country.

The Assembly welcomes the efforts of the Maltese authorities in this respect, but further reforms, in particular with regard to its institutional checks and balances and the fight against corruption are still needed.
It invites its Monitoring Committee to continue following the developments in the country and report back to the Assembly if the developments so warrant.

3 Resolution 2452 (2022)1 Provisional version Ensuring accountability for the downing of flight MH17 Parliamentary Assembly 1.

The Parliamentary Assembly recalls the downing over eastern Ukraine, on 17 July 2014, of Malaysia Airlines flight MH17, which was en route from Amsterdam to Kuala Lumpur.
All 298 people on board the plane, among them 198 Dutch nationals died.

2.

On 21 July 2014, the United Nations Security Council unanimously adopted Resolution S/RES/2166 (2014) demanding that those responsible be held to account and urging all States to co-operate in establishing accountability.

3.

The air safety investigation under Annex 13 of the Convention on International Civil Aviation (Chicago Convention) was delegated to the Dutch Safety Board (OVV).
The OVV concluded that the crash of flight MH17 was caused by the detonation of a model 9N314M warhead of a 9M38-series missile fired from a Buk surface-to air missile system.

4.

The criminal investigation carried out in parallel with the air safety investigation by a Joint Investigation Team (JIT) composed of investigators from Australia, Belgium, Malaysia, the Netherlands and Ukraine is still ongoing.
Its results so far have prompted the Dutch public prosecution service to indict four suspects, three Russians and one Ukrainian, requesting life sentences for all of them.

Their trial before the Hague District Court started in March 2020 and is expected to be concluded by the end of 2022.

The suspects, who belong to military units controlled by the Russian Federation, are accused of being responsible for obtaining the missile described by the OVV from the Russian Federation and firing it at flight MH17.
5.

Interstate cases lodged by the Netherlands and Ukraine and individual applications by 380 family members of the crash victims against the Russian Federation are pending before the European Court of Human Rights.

Ukraine also launched applications pertaining to the downing of flight MH17 before the International Civil Aviation Organisation (ICAO) and the International Court of Justice (ICJ).

6.
6.

The Assembly has no doubts that the Dutch criminal courts, the European Court of Human Rights, the ICAO and the ICJ will decide in due course and in total independence on the possible criminal responsibility of the accused and on the possible State responsibility of the Russian Federation under the European Convention on Human Rights (ETS No.

5) and other international conventions.

7.


Based on the evidence made available to the rapporteur by the Ukrainian and Dutch authorities, the Assembly considers as the most convincing scenario by far that flight MH17 was shot down by a Buk missile made available to the military units controlled by the Russian Federation by the Russian military.

8.
8.

The Assembly is appalled by the failure of the Russian authorities to co-operate in good faith with the air safety investigation by the OVV and the criminal investigation by the JIT.

Instead of providing reliable information to the competent investigative bodies, the Russian authorities spread disinformation, including successive contradictory versions of the events designed to create confusion.
As demonstrated by open- source intelligence published in numerous reports, the Russian authorities even went so far as to submit manipulated radar, satellite and other data in order to obfuscate the truth.

In particular, the versions according to which a Ukrainian SU25 or MiG29 fighter jet had shot down flight MH17 have been thoroughly disproved, Assembly debate on 23 June 2022 (23rd sitting) (see Doc.

15543, report of the Committee on Legal Affairs and 1.

Human Rights, rapporteur: Mr Titus Corlăţean).


Text adopted by the Assembly on 23 June 2022 (23rd sitting).

https://pace.coe.int https://pace.coe.int Resolution 2452 (2022) as has been the version that a Ukrainian Buk missile fired from the government-controlled territory was to be blamed.

The Assembly calls on the Russian Federation to provide all satellite and radar data to the OVV and the JIT.

9.
9.

Disinformation by the Russian authorities and State-controlled media and the disrespectful treatment of the bodily remains of the crash victims by the military units controlled by Russian Federation who were in control of the crash site have strongly aggravated and prolonged the suffering of the crash victims’ relatives and friends.
They desperately need to know the truth of what happened to their loved ones, and how and why, and they need a measure of accountability of the perpetrators in order to find closure.

10.
10.

The Assembly therefore calls on the Russian Federation to co-operate henceforth in good faith with the JIT by providing it with all the information requested and rectifying the falsified or otherwise misleading data already provided, and to formally apologise to the crash victims’ relatives and friends for the pain and suffering caused by earlier disinformation.
It commends the Dutch authorities for their important contribution to the international investigations and 11. for their manifold support for the victims’ families and friends, providing them with as much information as possible without endangering the ongoing investigations and making psychological, legal and financial assistance available to them.
The Assembly also commends Australia, Belgium, Malaysia and, in particular, Ukraine for their strong 12. support of the international air safety and criminal investigations led by the Netherlands; it thanks the Dutch and Ukrainian authorities for their excellent co-operation with its own inquiry.
It calls on the United States of America and the North Atlantic Treaty Organization (NATO) to provide 13. the JIT with any additional radar and satellite imagery, communication intercepts and any other data that may assist the JIT with holding to account all those responsible for the downing of flight MH17, including those who fired the missile in question, those who ordered the firing and those responsible for bringing it to Ukraine.
The Assembly encourages all relevant national and international authorities to provide an update of 14. their procedures on overflight of conflict zones, in response to the OVV’s recommendations.

15.
15.

The Assembly finally expresses its deep-felt condolences to the victims’ relatives and friends and its admiration for the constructive and dignified role they and their associations have played in national and international public opinion, pushing for no more than the recognition of the whole truth and a measure of accountability of those responsible for this tragedy.
In view of the intense and continuing suffering of the crash victims’ next of kin, it invites the European Court of Human Rights to consider granting priority to their applications.

2 Resolution 2453 (2022)1 Provisional version Review of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic Parliamentary Assembly 1.

On 8 April 2014, the Parliamentary Assembly, in adopting Resolution 1984 (2014), granted partner for democracy status to the Parliament of the Kyrgyz Republic.
The latter thus became the third parliament, and the first in central Asia, to be granted this status introduced by the Assembly in 2009 to develop institutional co-operation with the parliaments of States neighbouring the Council of Europe.

2.

When making its official request, the Parliament of the Kyrgyz Republic declared that it shared the values upheld by the Council of Europe and entered into a number of political commitments in accordance with Rule 64.2 of the Assembly’s Rules of Procedure.
These commitments are set out in paragraph 4 of Resolution 1984 (2014).

3.

In paragraph 15 of the aforementioned resolution, the Assembly also considered that a number of specific measures were of key importance for strengthening democracy, the rule of law and respect for human rights and fundamental freedoms in Kyrgyzstan.

It underlined that progress in taking forward reforms was the prime aim of the partnership for democracy and should constitute the benchmark for assessing its efficiency.

4.
4.

Eight years after granting this status, the Assembly notes the controversial, to say the least, evolution of the political and institutional situation in the country and concludes that its partnership with the Parliament of the Republic of Kyrgyzstan has produced mixed results.

5.
5.

It regrets in particular that parliament has been unable to capitalise on the opportunities offered by the partnership in order to take democratic reforms forward in the country, bring it closer to the European common legal area and contribute to European political dialogue.

6.

The Assembly likewise regrets the fact that since being granted partner for democracy status, the Kyrgyz Republic has not acceded to any Council of Europe conventions or partial agreements, despite having pledged to do so.

7.
7.

The Assembly also notes that the political crisis in Kyrgyzstan, which occurred after the October 2020 elections, laid bare the weaknesses and failings of the country’s democratic institutions.

The constitutional reform launched in the wake of this crisis brought about a radical shift in the country’s institutional balance, gave the new president wider powers, altered the structure of parliament and curtailed its powers.

8.
8.

In this context, the Assembly laments the fact that the authorities of Kyrgyzstan have not taken account of the recommendations made by the European Commission for Democracy through Law (Venice Commission) in its urgent amicus curiae brief on the postponement of the elections due to the constitutional reform (11 December 2020) and its Opinion on the draft Constitution of the Kyrgyz Republic (19 March 2021).

Assembly debate on 23 June 2022 (24th sitting) (see Doc.
15526, report of the Committee on Political Affairs and 1.

Democracy, rapporteur: Mr Jacques Maire; and Doc.

15553, opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Serhii Kalchenko).

Text adopted by the Assembly on 23 June 2022 (24th sitting).

https://pace.coe.int https://pace.coe.int Resolution 2453 (2022) 9.
The Assembly also takes note of the result of the November 2021 parliamentary elections, observed by an ad hoc Committee of the Bureau of the Assembly, and of the formation of a new parliament in December 2021.

It regrets that the changes made to the electoral legislation and system just a few days prior to the start of the campaign deprived a large proportion of the population, in particular women and young people, of the right to be elected to parliament.
The Assembly continues to closely monitor the constitutional, institutional, political and legal reforms 10. carried out in Kyrgyzstan with a view to modernising and stabilising the country's political institutions.

The Assembly notes the readiness of the recently elected Kyrgyz authorities, and more specifically parliament, to co-operate, including in relation to reforms and institutions, with concrete results, as observed by the international community present in the country.
With regard to the legislative stocktaking process launched in April 2021 by the government with the aim of bringing the laws into line with the new Constitution, the Assembly calls on parliament to ensure that it does not undermine Kyrgyzstan's international commitments to uphold human rights and fundamental freedoms.
In this connection, the Assembly is concerned about recent reports from representatives of Kyrgyz civil 11. society and international governmental and non-governmental organisations about violations of human rights and fundamental freedoms.
These violations relate, in particular, to gender issues, the practice of torture and ill-treatment, particularly in detention or police custody, impunity for such acts, poor conditions of detention, enforced disappearances, issues concerning access to an independent and impartial tribunal, the right to a fair trial and fundamental legal safeguards for persons in pretrial detention.

The Assembly is also concerned about violations of the right to freedom of expression and assembly.
In this respect, the Assembly notes in particular the deterioration in the situation of journalists, human rights defenders, and lawyers, as evidenced by several recent cases.

The Assembly notes the interest in and desire to continue with the partnership for democracy 12. expressed by representatives of parliament, the government and civil society.
It also notes the international context in which Kyrgyzstan is situated, and its willingness to defend the 13. sovereignty of Ukraine, not to associate itself with Russian aggression, and to advocate a strictly peaceful settlement of disputes between these two countries.

In conclusion, the Assembly resolves to continue with the partnership with the Parliament of the Kyrgyz 14.
Republic in order to support the country’s authorities along the path to democracy while at the same time maintaining a rigorous dialogue with them and reassessing the partnership in depth in two years’ time based on an analysis of the tangible progress made.

The prolonged absence of Kyrgyz parliamentarians at the sessions, or of concrete results notably on the effective ratification of conventions or protocols, could lead to the partnership being terminated.

15.
15.

The Assembly therefore reiterates its appeal to the newly elected Parliament of the Kyrgyz Republic to step up its co-operation with the Assembly, reaffirm its commitment to the aims of partner for democracy status and take full advantage of the opportunities offered by this status in order to ensure compliance with the political commitments, as set out in Resolution 1984 (2014).

In this context, it welcomes the recent appointment of the new partner delegation.

16.
The Assembly urges the Parliament of the Kyrgyz Republic to: 16.1. tirelessly pursue efforts to fulfil the political commitments made in connection with the partnership for democracy (Rule 64.2 of the Assembly’s Rules of Procedure and paragraph 4 of Resolution 1984 (2014)) and the recommendations set out in paragraph 15 of the aforementioned resolution; 16.2. ensure, as part of the legislative stocktaking process, that fundamental rights and freedoms in the country are upheld, in accordance with the relevant international instruments to which Kyrgyzstan is a party; 16.3. intervene with the authorities of Kyrgyzstan in order to encourage them to sign and ratify the relevant Council of Europe conventions and partial agreements open to non-member States, and more specifically those relating to human rights, the rule of law and democracy, in accordance with the commitment expressed by the Speaker of the Parliament of the Kyrgyz Republic in the letter of application for partner for democracy status, as mentioned in paragraph 17 of Resolution 1984 (2014); 16.4. participate fully in the work of the Assembly and its committees; inform the Assembly regularly of the progress made in implementing the Council of Europe’s 16.5. principles.
2 17.
The Assembly strongly encourages the Kyrgyz authorities to: Resolution 2453 (2022) 17.1. step up the implementation of the recommendations made in paragraph 15 of Resolution 1984 (2014) of the Assembly and develop a plan of implementation for the following two years, drawing in particular on the Council of Europe’s expertise; 17.2. boost co-operation with the Venice Commission in order to bring the country’s laws closer to international standards and to implement the previous recommendations, in particular with regard to elections, and those included in the Joint Opinion (No.
1021/2021) on the Draft Constitution of the Kyrgyz Republic; 17.3. adhere to the United Nations International Convention for the Protection of all Persons from Enforced Disappearance; 17.4. stop pressure on the media and NGOs, whether in the form of threats, intimidation, fines, tax inspections, searches, arbitrary arrests, or false accusations; 17.5. guarantee and promote the right to freedom of association and peaceful assembly and ensure that civil society organisations can work freely and contribute to public debate; 17.6. guarantee and promote freedom of expression and media independence and pluralism and protect the media from political pressure; 17.7. strengthen their efforts to promote women’s participation in politics and public affairs, combat all forms of gender-based discrimination, ensure effective equality between women and men and combat violence against women.
3 Resolution 2454 (2022)1 Provisional version The control of online communication: a threat to media pluralism, freedom of information and human dignity Parliamentary Assembly 1.

The Parliamentary Assembly holds that communication policies must be open, transparent and pluralistic, and it must build on unhindered access to information of public interest and the responsibility of those disseminating information to society.
It notes that online communication has become an essential part of people’s daily lives and is concerned that a handful of internet intermediaries are de facto controlling online information flows.

This concentration in the hands of a few private corporations gives them huge economic and technological power, as well as the possibility to influence almost every aspect of people’s private and social lives.
There are questions on the capacity and willingness of an economic-technological oligopoly to ensure 2. diversity of information sources and pluralism of ideas and opinions online; on the expediency of entrusting artificial intelligence with the task of monitoring online pluralism; and on the real capacity of legal frameworks and democratic institutions in place to prevent the concentration of economic-technological-informational power from being converted into non-democratic political power.
Indeed, as electoral communication shifts to the digital sphere, whoever controls online communication during election campaigns may become a formidable political force.

Voters may be seriously encumbered in their decisions by misleading, manipulative and false information.
Main risk factors in this context are: the lack of transparency of new forms of online advertising, which 3. can too easily escape the restrictions applicable to advertising on traditional media, such as those intended to protect children, public morals or other social values; the fact that journalists, whose behaviour is guided by sound editorial practices and ethical obligations, are no longer the ones playing the gatekeeper role; and the growing amount of disinformation available online, in particular when it is strategically disseminated with the intent to influence election results.
4.

In contrast, a virtuous model of interrelation between users and intermediaries was constituted by Wikileaks.

Therefore, it is unacceptable that States tend to punish this horizontal and democratic information communication model instead of encouraging it with a view to gradually implementing a comprehensive legal declassification mechanism.

5.

From an economic point of view, network effects and economies of scale create a strong tendency towards market concentration.
In the context of oligopolistic competition driven by technology, inefficiencies and market failures may come from the use of market power to discourage the entrance of new competitors, from the creation of barriers to switching services or from information asymmetries.

Therefore, to address the dominance of a few internet intermediaries in the digital marketplace, member States should use anti-trust legislation.
This may enable citizens to have greater choice when it comes to choosing, to the extent possible, platforms that are likely to better protect their privacy and dignity.

Assembly debate on 23 June 2022 (24th sitting) (see Doc.

15537, report of the Committee on Culture, Science, 1.

Education and Media, rapporteur: Mr Frédéric Reiss).

Text adopted by the Assembly on 23 June 2022 (24th sitting).

https://pace.coe.int https://pace.coe.int Resolution 2454 (2022) 6.
A few innovative remedies to mitigate the power of internet intermediaries include giving users, where possible, the option of accessing, consulting and receiving services from third-party providers of their choice, which would rank and/or deliver content following a classification previously made by the user him/herself and could alert him/her in case of violent, shocking or other dangerous content.

7.
7.

Beyond the business model, crucial issues for internet intermediaries and for the public are the quality and variety of information, and plurality of sources available online.

Internet intermediaries are increasingly using algorithmic systems, which are helpful to search the internet, automatically create and distribute content, identify potentially illegal content, verify information published online and moderate the communication online.
However, algorithmic systems can be abused or used dishonestly to shape information, knowledge, the formation of individual and collective opinions and even emotions and actions.

Coupled with economic and technological power of big platforms, this risk becomes particularly serious.

8.

With the emergence of internet intermediaries, harmful content is spreading at a very high speed on the web.
Internet intermediaries should be particularly mindful of their duty of care where they produce or manage the content available on their platforms, or where they play a curatorial or editorial role, while avoiding taking down third-party content, except for clearly illegal content.

9.

The use of artificial intelligence and automated filters for content moderation is neither reliable nor effective.
Big platforms already have a long record of mistaken or harmful content moderation decisions in areas such as terrorist or extremist content.

Solutions to policy challenges such as hate speech, terrorist propaganda and disinformation are often multifactorial; therefore, mandating automated moderation by law is an inappropriate and incomplete solution.
It is important to acknowledge and properly articulate the role and necessary presence of human decision makers, as well as the participation of users in the establishment and assessment of content moderation policies.

10.

Today there is a trend towards the regulation of social media platforms.
Whilst increased democratic oversight is necessary, regulation enacted in practice often entails overbroad power and the discretion of government authorities over information flows, which endanger freedom of expression.

Lawmakers should aim at reinforcing transparency and focus on companies’ due processes and operations, rather than on the content itself.

Moreover, legislation should deal with “illegal content” and avoid using broader notions such as “harmful content”.

11.
11.

If lawmakers choose to impose very heavy regulations on all internet intermediaries, including new smaller companies, this might consolidate the position of big actors which are already in the market.

In such a case, new actors would have little chance of entering the market.

Therefore, there is a need for a gradual approach, to accommodate different types of regulations on different types of platforms.

12.
The Parliamentary Assembly recalls that, in its Recommendation CM/Rec(2018)2 on the roles and responsibilities of internet intermediaries, the Committee of Ministers of the Council of Europe indicates that any legislation should clearly define the powers granted to public authorities as they relate to internet intermediaries; and Recommendation CM/Rec(2020)1 on the human rights impacts of algorithmic systems confirms that the rule of law standards must be maintained in the context of algorithmic systems.
13.

Internet intermediaries must ensure a certain degree of transparency of the algorithmic systems they use, because this may have an impact on our freedom of expression.

At the same time, in their capacity as private companies, they should enjoy, without prejudice for effective transparency and for human rights, their legitimate right to commercial secrecy.
Member States must strike a balance between the freedom of private economic undertakings, with the right to develop their own commercial strategies, including the use of algorithmic systems, and the right of the public to communicate freely online, with access to a wide range of information sources.
They should also recognise that content removal is not in itself a solution for societal harms, as more rigorous content moderation may displace the problem of online hate speech to less popular platforms rather than address its causes.

Internet intermediaries have the responsibility to ensure the protection of users’ rights, including 14. freedom of expression.
Therefore, member States should ensure internet intermediaries’ accountability for the algorithmic systems they develop and use in the automated production and distribution of information, as well as for their lines of funding and policies they implement for creating information flows and dealing with illegal content.
In particular, internet intermediaries should assume specific responsibilities based on international 15. standards and national legislation regarding users’ protection against manipulation, disinformation, harassment, hate speech and any expression which infringes privacy and human dignity.

The functioning of 2 Resolution 2454 (2022) internet intermediaries and technological developments behind their operation must be guided by high ethical principles.
It is from both a legal and ethical perspective that internet intermediaries must assume their responsibility to ensure a free and pluralistic flow of information online which is respectful of human rights.

16.

When they deal with information, Internet intermediaries have to act in accordance with the principles set out in Resolution 2382 (2021) “Media freedom, public trust and the people's right to know”.
The right to free and pluralist information is enhanced by adherence to the professional rules and ethics of the journalist, who with cross-checking subjects the sources to scrutiny.

This was scrupulously respected by Assange and member States must act in line with Resolution 2300 (2019) “Improving the protection of whistle-blowers all over Europe”.
Each member State must recognise, and ensure respect of, the right of journalists to protect their sources, and develop an appropriate normative, judicial and institutional framework to protect whistleblowers and whistleblowing facilitators.

It is unfair that this right was not taken into account in the extradition judgment brought against him.
In accordance with Resolution 2317 (2020) “Threats to media freedom and journalists' security in Europe”, the detention and criminal prosecution of Mr Julian Assange constitute a dangerous precedent for journalists.

As the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment declared on 1 November 2019, Mr Assange's extradition to the United States must be barred and he must be promptly released.

17.
Consequently, the Assembly calls on Council of Europe member States to: 17.1. bring their legislation and practice into line with Recommendation CM/Rec(2020)1 on the human rights impacts of algorithmic systems, and Recommendation CM/Rec(2018)2 on the roles and responsibilities of internet intermediaries; 17.2. consider whether the concentration of economic and technological power in the hands of a few internet intermediaries can be properly dealt with via general and already existing competition regulations and tools; 17.3. use anti-trust legislation to force monopolies to divest a part of their assets and reduce their dominance in the digital markets; 17.4. develop a gradual regulatory approach to accommodate different types of regulations to different types of internet intermediaries, with the aim to avoid pushing new actors outside the market or enabling them to enter the market; 17.5. address the issue of anticompetitive conduct in digital markets by strengthening the enforcement of regulations on merging and abuse of monopolistic positions; 17.6. guarantee that any legislation imposing duties and restrictions on internet intermediaries with an impact on users’ freedom of expression be exclusively aimed at dealing with “illegal content” thus avoiding broader notions such as “harmful content”; 17.7. ensure that mere automated content moderation is not allowed by the legislation; in this connection, encourage internet intermediaries, via legal and policy measures, to: 17.7.1. allow users to choose means of direct and efficient communication which do not solely rely on automated tools; 17.7.2. ensure that where automated means are used, the technology is sufficiently reliable to limit the rate of errors where content is wrongly considered as illegal; 17.8. guarantee that legally mandated content moderation provides for the necessary presence of human decision makers, and incorporates sufficient safeguards so that freedom of expression is not hampered; 17.9. encourage, via legal and policy measures, the
 participation of users in the establishment and assessment of content moderation policies; 17.10. ensure that regulation enacted to ensure transparency of automated content moderation systems is based on a clear definition of information that is necessary and useful to disclose and of public interest that legitimises the disclosure; 17.11. support the elaboration and respect of a general framework of internet intermediaries’ ethics, including the principles of transparency, justice, non-maleficence, responsibility, privacy, rights and freedoms of users; 3 Resolution 2454 (2022) 17.12. encourage internet intermediaries, via legal and policy measures, to counteract hate speech online by issuing warning messages to persons who spread hate speech online or by inviting users to review messages before sending them; encourage internet intermediaries to add such guidelines to the codes of conduct dealing with hate speech; 17.13. consider adapting election legislation and policies tuned to the new digital environment by reviewing provisions on electoral communication; in this respect, reinforce accountability of internet intermediaries in terms of transparency and access to data, promote quality journalism, empower voters towards a critical evaluation of electoral communication and develop media literacy.
4 Resolution 2455 (2022)1 Provisional version Fighting vaccine-preventable diseases through quality services and anti-vaccine myth-busting Parliamentary Assembly 1.

While the world’s attention has shifted away from combating the Covid-19 pandemic to dealing with the consequences of the Russian Federation’s war of aggression in Ukraine, serious outbreaks of preventable illnesses are on the rise, in Europe, and across the world.
Measles cases alone increased globally by 79% in the first two months of 2022, compared to the same 2. period in 2021, with most cases occurring in unvaccinated or under-vaccinated individuals.

Measles is a highly contagious viral disease.

It remains an important cause of death among young children, despite the availability of a safe and effective vaccine.
Other diseases that may attain epidemic proportions despite the availability of safe and effective vaccines include poliomyelitis, tuberculosis, diphtheria, and chickenpox.

The Covid-19 pandemic continues to cause death, disability, and chronic disease on a large scale.

In Europe this is mainly due to insufficient vaccine uptake and the often premature relaxation of tried-and-tested public health measures.
Vaccination remains the safest and most effective method of protection against many infectious 3. diseases.

According to the World Health Organization (WHO), it prevents 2 to 3 million deaths a year.

It is estimated that an improvement in the global coverage of vaccinations could save a further 1.5 million lives.

The current resurgence of vaccine-preventable diseases is largely due to gaps in immunisation.
According to WHO, suboptimal vaccine uptake is currently one of the most critical issues in public health.

4.

The Parliamentary Assembly recalls its Resolution 2338 (2020) “The impact of the Covid-19 pandemic on human rights and the rule of law”, in which it stated that “[t]he positive obligations under the European Convention on Human Rights (ETS No.
5, the Convention) require States to take measures to protect the life and health of their populations” and the Convention on Human Rights and Biomedicine (ETS No 164, Oviedo Convention), which requires that member States “take measures to provide equitable access to health care of appropriate quality, taking into account health needs and available resources”.
Furthermore, the Assembly notes the Council of Europe Committee on Bioethics Statement entitled “Covid-19 and vaccines: ensuring equitable access to vaccination during the current and future pandemics” and the Committee’s work on “Ensuring equitable access to vaccine, treatment and equipment in a context of scarcity”, which provide valuable guidance and advice for Council of Europe member States.
The Assembly is convinced that addressing suboptimal vaccination coverage is a matter of human rights protection and should be a priority for Council of Europe member States.

5.
5.

The Assembly stresses the importance of ensuring quality standards in vaccination and welcomes the work of the European Directorate for the Quality of Medicines & HealthCare (EDQM) of the Council of Europe, which co-ordinates the independent batch release testing through the Official Control Authority Batch Release process, as part of an activity co-funded by the European Commission and the EDQM.
The EDQM functions in the framework of the International Convention on the Elaboration of a European Pharmacopoeia Assembly debate on 24 June 2022 (25th sitting) (see Doc.

15542, report of the Committee on Social Affairs, Health 1. and Sustainable Development, rapporteur: Ms Carmen Leyte).

Text adopted by the Assembly on 24 June 2022 (25th sitting).

https://pace.coe.int https://pace.coe.int Resolution 2455 (2022) Convention (ETS No.
50), signed by the European Union and by 39 countries, including all European Union member States, committed to achieving harmonisation of high quality standards for safe medicines throughout the European continent.

6.

To protect public health effectively, immunisation levels need to be increased and sustained as a matter of priority.
Vaccinations largely prevent sickness and death associated with infectious diseases both for the individual vaccinated and for society as a whole, by means of developing what is called “herd immunity”.

Vaccinations also bring wider health, social, political, and economic benefits, including poverty reduction and achieving greater gender equality, as well as savings in healthcare costs, lost wages, and lost productivity due to illness and death.
Vaccinations allow people to live longer, healthier lives and reduce the long-term burden of disability.

Expanding access to immunisation is crucial to achieving the UN Sustainable Development Goals.

7.

Strategies to comprehensively address inadequate immunisation coverage should address the root causes of this problem.

Reasons for suboptimal vaccine uptake are context specific.
They vary broadly and include social, economic, and cultural barriers, lack of access, availability, inadequate quality of services, and attitudes to vaccination.

Covid-19 pandemic-related disruptions further increased inequities in access to vaccines, while the displacement of millions of people due to conflicts and crises leads to disruptions in vaccination services.
According to WHO and the United Nations International Children's Emergency Fund (UNICEF), in 2020, 23 million children missed out on basic childhood vaccines through routine health services, the highest number since 2009 and 3.7 million more than in 2019.

Emergency measures are required to address vaccination gaps resulting from the Covid-19 pandemic.
The Assembly is convinced that promoting peace, tackling poverty, and building robust and sustainable 8. public health services people can trust are essential preconditions for improving vaccination coverage.

As the Covid-19 pandemic demonstrated, such public health services need to be supported across the globe, as outbreaks of contagious diseases can spread quickly across countries and regions, with potential for further mutations of pathogens.
The Assembly recognises that vaccines and vaccination are a global public good and inequity in access to vaccines anywhere in the world is a threat to us all.

9.

Healthcare workers, pharmacists, and community outreach workers play a crucial role in successful vaccination and are the most trusted source of information on this subject, across countries and different population groups.

They need to be at the centre of vaccination strategies and must be involved in relevant decision-making processes.

10.
10.

The Assembly notes with concern that public debate on vaccines has become highly polarised and politicised in recent years.

Unfounded concerns about Covid-19 vaccination, which had to be swiftly developed and was made mandatory in some cases, had a spill-over effect on other types of vaccination (and “anti-vaxxers” activism prior to the pandemic has created fertile ground for Covid-19 vaccine hesitancy).
The Assembly’s Resolution 2361 (2021) “Covid-19 vaccines: ethical, legal and practical considerations” and Resolution 2383 (2021) “Covid passes or certificates: protection of fundamental rights and legal implications” provide useful guidance on the human rights compliant deployment of vaccines against Covid-19.

11.

It is important to acknowledge that trust in governments in general and in public health systems specifically are important factors when people make decisions about vaccination.
In this context, the Assembly notes with alarm that the European Region has a higher-than-average percentage of negative opinions on vaccine importance, safety, and effectiveness.

In fact, 7 of 10 countries with the worst opinion on vaccine safety belong to our region.

Furthermore, vaccine hesitancy seems to be more present among younger generations.
Older generations tend to have more confidence in vaccines, as they have witnessed the consequences of outbreaks of contagious diseases and the way in which they have been combated through vaccination.

12.

The Assembly calls on Council of Europe member States to take urgent action, and to acknowledge public responsibility for lowering barriers to vaccine uptake, in full respect of the principles of human rights, democracy and the rule of law.
It welcomes the Tailoring Immunisation Programmes approach developed by the WHO Regional Office for Europe, as a useful model that can be emulated in different national and subnational contexts.
This approach, grounded in scientific evidence and country experience, aims to identify populations with suboptimal vaccination uptake, as well as to systematically identify barriers to and drivers of vaccination in those population groups; and to design context-specific interventions to address barriers and leverage drivers of vaccination – with the aim of increasing vaccination uptake.
The rapid response approach designed to ascertain the qualitative contexts of population perception on vaccination uptake developed within the context of the Covid-19 pandemic allows for rapid up-to-date and relevant data collection and decision making.

2 13.

The Assembly calls on Council of Europe member States to give high priority to the prevention of the resurgence of contagious diseases.
It recommends that member States develop comprehensive, forward- looking, pro-active and human-rights compliant vaccination strategies, by ensuring that: 13.1. with respect to access, availability, and quality of services: Resolution 2455 (2022) 13.1.1. investment in building robust and sustainable immunisation systems and national immunisation schedules is adequate and considers the lessons learned from past epidemics and pandemics and emerging challenges; 13.1.2. quality vaccination services are available and accessible to all people within the State’s jurisdiction; and that this includes provision of adequate vaccine supplies, free vaccination for all, and better follow up from the health care system; when supply is inadequate, the principle of equitable access to vaccines should be ensured; 13.1.3. the rights of individuals are respected, the risk of harm is minimised, positive outcomes for persons concerned are ensured; effective systems for monitoring potential adverse effects of vaccines and independent compensation programmes are in place; 13.1.4. mandatory vaccination is only considered as a last resort, when this is necessary in order to fulfil a legitimate aim, is provided for by law, and is proportionate; its introduction is subject to public debate, parliamentary scrutiny and judicial oversight; and less constraining measures are given preference when feasible; 13.1.5. the principle of the best interests of the child is respected in all matters concerning children and vaccination; relevant legislation is reviewed to allow children to be vaccinated in their best interest in situations where one or both parents are against such vaccination, including by ensuring that the right of the children to be heard on matters concerning their own health is duly taken into account, in accordance with their age and maturity; the work of development agencies is supported, with a view to extending the benefits of 13.1.6. vaccination to people in countries that experience shortages; vaccination is promoted as an
 international public good and the sharing of know-how is facilitated, including by lifting restrictions arising from patents and intellectual property rights when appropriate; 13.2. with respect to public attitudes to vaccination: 13.2.1. barriers to and drivers of vaccination are analysed on a regular basis, and the needs of specific groups of population are duly researched and understood; targeted evidence-based interventions are designed and implemented; subnational entities and local communities are engaged in developing and implementing tailored strategies to support vaccine uptake; co‑operation with non-governmental organisations and/or other local efforts is supported to reach out to marginalised groups and overcome social and cultural barriers to vaccine uptake; 13.2.2. available and accessible, and is up-to-date; reliable and transparent information on vaccination, including contra-indications, is 13.2.3. misinformation is addressed through relevant policies, regulations and other measures, including through good use of information and communication technologies; digital behaviour is monitored, researched and considered in public policy-making and communication strategies on vaccination; 13.2.4. open and transparent dialogue and communication on the safety and quality control of vaccines, and benefits of vaccination are supported; resilience and health literacy are improved, in co-operation with the education sector and media, including social media platforms; user- friendly awareness materials are developed for various target audiences; such materials address barriers and drivers related to a particular group; the language used is accessible and appropriate; 13.2.5. anti-vaccination attitudes are tackled through systematic, targeted counter-narratives, that are context-specific, based on science, address doubts and concerns raised, and highlight individual and collective responsibility for one’s own health, one’s children’s health, as well as other people’s
 health, including that of vulnerable groups who cannot get vaccinated for health reasons but who benefit from “herd” immunity, when a sufficient proportion of the population is vaccinated; 3 Resolution 2455 (2022) 13.2.6. media codes of ethics are strengthened with emphasis on social responsibility for countering disinformation on vaccination, and for enabling maximum visibility for quality information on vaccination from trustworthy sources; internet intermediaries are encouraged to support anti-vaccine myth-busting and to raise awareness of potential risks of false information for public health protection; training on vaccine safety, 13.2.7. all health-care workers benefit characteristics, and technical components, and are equipped with communication tools and materials for promoting vaccine awareness; dedicated staff and space for communication on vaccination is envisaged, to allow for flexibility and ease of access to relevant information; from embedded 13.2.8. healthcare workers have sufficient time to spend with parents and other patients, to discuss with them any concerns that they might have with respect to vaccination; this implies that their working conditions, including working time, workload, and remuneration, are adequate; 13.2.9. politicisation of vaccine policies is avoided, and non-partisan continuity in public health policies is promoted, based on the advice and guidance from WHO, other relevant international and national scientific bodies, public health authorities and institutes; 13.2.10. the World / European Immunization Week celebrated in the last week of April is supported to highlight the collective action needed and to promote the use of vaccines to protect people of all ages against disease; 13.2.11. full use is made of WHO toolkits and the resources developed by the European Centre for Disease Prevention and Control.
14.

The Assembly expresses its support for the work of the European Commission and European Parliament on promoting a joint European approach on vaccination and encourages stronger co-operation with European countries which are not members of the European Union, in particular with the support of Council of Europe structures, such as the EDQM and the Steering Committee for Human Rights in the fields of Biomedicine and Health (CDBIO).

15.
15.

The Assembly welcomes WHO’s strategy and vision for the European Immunisation Agenda 2030, which aims to extend the benefits of vaccines to everyone, everywhere, and undertakes to support its implementation through parliamentary co-operation.
4 t Parliamentary Assembly Assemblee parlementaire ")~ ~~/././.// =- ~ ' ""l'fl/F.mmil11.1"m~:m:::::================== ' - CONSEIL DE l'EUROPE AS/Cult (2022) OJ 05 9 June 2022 AAC OJ05_22 Committee on Culture, Science, Education and Media Draft agenda of the meeting to be held in Strasbourg, Palais de I' Europe, on: Tuesday 21 June 2022 from 2 pm to 3.30 pm (Room 2) Thursday 23 June 2022 from 8.30 am to 10 am (Room 2) Thursday 23 June 2022 from 1 pm to 2 pm (Room 1) only in person and in English Journalism in times of war Debate with representatives of the Platform's partners to strengthen the protection of journalism and the safety of journalists Tuesday 21 June 2022 from 2 pm to 3.30 pm (Room 2) 1.
Draft agenda [AS/Cult (2022) OJ 05) Adoption of the draft agenda 2.
Minutes [AS/Cult (2022) PV 03) Approval of the minutes of the meeting held in a hybrid manner during the 2nd part-session of 2022 Postponement of the approval of the minutes of the meeting held in Rome on 9 and 10 May 2022 This draft agenda, addressed to members of the committee and their alternates, is the convocation to the meeting Copy to Secretaries of national delegations, of observer and partner for democracy delegations and of political groups Meeting documents will be published on the Parliamentary Assembly extranet website (restricted area for national delegations): http://assembly.coe .inUextra net.
AS/Cult (2022) OJ 05 3.

4.

The Cultural Routes: a platform for intercultural dialogue Rapporteur: Mr. Andries Gryffroy, Belgium, NR [AS/Cult (2022) 10] Consideration of an introductory memorandum.
Track and trace applications: ethical, cultural and educational challenges (open to the public) Rapporteur: Mr Duncan Baker, United Kingdom, ECIDA [AS/Cult (2022) 12] Consideration of a preliminary draft report and exchange of views with the participation of Mr Jean Philippe Walter (Switzerland), Council of Europe Data Protection Commissioner Thursdav 23 June 2022 from 8.30 am to 10 am (Room 2) 5.
The control of online communication: a threat to media pluralism, freedom of information and human dignity Rapporteur: Mr Frederic Reiss, France, EPPICD [Doc.

15537] Debate in the Assembly: Thursday 23 June afternoon (to be confirmed) Deadline for amendments: Wednesday 22 June at 4 pm (to be confirmed) Consideration of amendments to the draft resolution 6.
Promoting online education and research across national borders (open to the public) Rapporteur: Lord Alexander Dundee, United Kingdom, ECIDA Exchange of views with the participation of Sir ian Livingstone, author and entrepreneur, United Kingdom 7.

Declaration of the committee [AS/Cult (2022) 13] Consideration in view of the adoption of a declaration of the committee concerning the monument of Hagia Sophia in Istanbul, TOrkiye 8.

Committee work programme' [AS/Cult (2022) 01; AS/CuiUinf (2022) 01] 8.1.
References to the committee and appointment of rapporteurs Guaranteeing media freedom and the safety of journalists: an obligation of member States (Doc.

15512) 8.2.

Reports on recent meetings 8.3.

Approval of rapporteurs' fact-finding visits 8.4.

Appointment of representatives for forthcoming events 8.5.

Requests or information from rapporteurs 8.6.


Draft motions for a resolution and a recommendation Countering the erasure of cultural identity in times of war and peace, presented by Ms Yevheniia Kravchuk (Ukraine, ALDE) 8.7.

Sub-committees 1 This point can be treated at any time.

2 AS/Cult (2022) OJ 05 9.

Composition of the sub-committees2 [AS/Cult (2022) 02] Approval of changes in the composition of sub-committees 10.

Communications from the Chairperson of the committee2 11.
Replies from the Committee of Ministers and follow-up by the committee2 12.

Other business 13.

Next meetings 41" part-session 2022 (10-14 October 2022) 5-6 December 2022, Paris (to be confirmed) 2 This point can be treated at any time.

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'EUROPE Committee on Political Affairs and Democracy Revised draft agenda 2 of the meetings to be held in Strasbourg on: Tuesday, 21 JuFie 2922, S:39 19:991 F&&Al 9 -CANCELLED Tuesday, 21 June 2022, 14:00 -15:30, room 9 Thursday, 23 June 2022, 14:00-15:30, room 6 Please also note the meetings of the Sub-Committees on Thursday 23 June 2022: 8:30-9:15- Sub-committee on External Relations (see separate agenda) 9:15-10:00- Sub-Committee on Democracy (see separate agenda) Tuesday, 21 June 2022, 14:00-15:30, room 9 5.
Political situation in Tunisia Rapporteur: Mr Claude Kern, France, ALOE [Doc.

15384, Opinion of the Venice Commission, Statement by the President of the Assembly 01 04 2022] • • Statement by the Rapporteur Hearing with the participation of Ms Claire Bazy-Malaurie, President of the European Commission for Democracy through Law (Venice Commission) 6.

Recent challenges to security in Europe: what role for the Council of Europe?

Rapporteur: Mr Bogdan Klich, Poland, EPPICD [Doc.


15541 , amendments] Consideration of amendments Deadline for amendments: Monday 20 June, 16:00 Debate in the Assembly: Tuesday 21 June 2022, morning sitting 7.
Call for an inclusive national political process in Belarus Rapporteur: Mr Kimmo Kiljunen, Finland, SOC Statement by the Rapporteur This draft agenda, addressed to the full members of the Committee and their alternates, is the convocation to the meeting Copy to Secretaries of delegations and political groups Meeting documents are published on the Parliamentary Assembly extra net website (restricted area for national delegations): http://assembly.coe.int/extranet.

AS/Pol (2022) OJ 10rev2 8.


Call for candidatures1 [Doc.

15533, Terms of reference of the Platform , Concept note] • • • Rapporteur on A fourth Summit for a renewed , improved and reinforced Council of Europe In respect of the Committee, a member of the Parliamentary Platform for the rights of LGBTI people in Europe Participation in the World Forum for Democracy (Strasbourg, 7-9 November 2022) 9.
Replies by the Committee of Ministers [Recommendation 2200 (2021 ), Reply by the Committee of Ministers] [Recommendation 2208 (2021 ), Reply by the Committee of Ministers] Consideration of the Committee of Ministers replies to: • • Assembly Recommendation 2200 (2021) on Urgent need for electoral reform in Belarus Assembly Recommendation 2208 (2021) on Transparency and regulation of donations to political parties and electoral campaigns from foreign donors Thursday.
23 June 2022, 14.00 - 15:30, room 6 10. Review of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic Rapporteur: Mr Jacques Maire, France, ALOE [Doc.

15526, amendments] Consideration of amendments Deadline for amendments: Wednesday 22 June, 16:00 Debate in the Assembly: Thursday 23 June 2022, afternoon sitting 11.
The impact of Brexit on human rights on the island of Ireland Rapporteur: Mr George Katrougalos, Greece, UEL [AS/Pol (2022) 19, AS/Pol/lnf (2022) 07] Consideration of a preliminary draft report 12.

Appointments 12.1.

Rapporteurs for report [AS/Pol (2022) WP 05, Doc.

15479.

Doc.
15479.

Doc.

155331 Appointment of Rapporteurs for the following reports: • • • Political consequences of the Russian Federation's aggression against Ukraine (Bureau decision of 29 April 2022) The role of the Council of Europe in preventing human suffering resulting from international armed conflicts: different stages of conflict prevention and best practices to be employed A fourth Summit for a renewed, improved and reinforced Council of Europe 12.2.
Parliamentary Platform for the rights of LGBTI people in Europe [Terms of reference of the Platform] Appointment of a member in respect of the Committee 1 To be appointed on Thursday afternoon.

2 12.3.

World Forum for Democracy (Strasbourg, 7-9 November 2022) Appointment of members to the ad hoc Committee of the Bureau to participate in the Forum AS/Pol (2022) OJ 1 Orev2 13.

Other business 14.
Other business 14.

Next meetings 12 September (afternoon) and 13 September (all day) 2022, Paris During the October part-session (10-14 October 2022), Strasbourg November 2022, meeting to be confirmed 13 December 2022, Paris 3 t Parliamentary Assembly Assemblee parlementaire ~~.///,/ =- .... iiii!lJ/~Ifilltl ___________________ _ :..:>..., ....... ~ CONSEIL DE !
:EUROPE AS/Pol (2022) OJ 10 13 June 2022 Apoj10_22 Committee on Political Affairs and Democracy Draft agenda of the meetings to be held in Strasbourg on: Monday, 20 June 2022, 14:00-15:00, room 9 Tuesday, 21 June 2022, 8:30 -10:00, room 9 Tuesday, 21 June 2022, 14:00-15:30, room 9 Thursday, 23 June 2022, 14:00-15:30, room 6 Please also note the meetings of the Sub-Committees on Thursday 23 June 2022 from 8:30 to 10:00 Monday, 20 June 2022, 14:00 -15:00, room 9 1.
Agenda [AS/Pol (2022) OJ 1 0] Adoption of the agenda 2.

Draft minutes [ASP/Pol (2022) PV 07, AS/Pol (2022) PV 08, AS/Pol (2022) PV 09] Approval of the minutes of the meetings held on 21 April 2022, during the Apri l part-session 2022, and in Chania, Crete (Greece) on 16-17 May 2022 3.

The impact of Brexit on human rights on the island of Ireland Rapporteur: Mr George Katrougalos, Greece, UEL [AS/Pol (2022) XX, AS/Pol/lnf (2022) 07] Consideration of a preliminary draft report 4.
Call for an inclusive national political process in Belarus Rapporteur: Mr Kimmo Ki/junen, Finland, SOC Statement by the Rapporteur Tuesday, 21 June 2022, 8:30-10:00, room 9 5.

Recent challenges to security in Europe: what role for the Council of Europe?
Rapporteur: Mr Bogdan Klich, Poland, EPPICD [Doc.1 5541, amendments] Consideration of amendments Deadline for amendments: Monday 20 June, 16:00 Debate in the Assembly: Tuesday 21 June 2022, morning sitting This draft agenda, addressed to the full members of the Committee and their alternates, is the convocation to the meeting Copy to Secretaries of delegations and political groups Meeting documents are published on the Parliamentary Assembly extranet website (restricted area for national delegations): http:l/assembly .coe.lnt/extranet.
AS/Pol (2022) OJ 10 6.
Strengthening the role of the Council of Europe as a cornerstone of the European political architecture Rapporteur: Ms Laima Liucija Andrikiene, Lithuania, EPPICD [AS/Pol (2022) 11 rev, CM/Dei/Dec(2022)132/2; CM/Dei/Dec(2022)132/3al • • Statement by the Rapporteur Hearing with the participation of: Professor Dainius Zalimas, Dean at the Faculty of Law, Vytautas Magnus University, member of the European Commission for Democracy through Law (Venice Commission) and former President of the Constitutional Court of the Republic of Lithuania 7.
Open discussion on current issues1 Exchange of views Tuesday, 21 June 2022, 14:00 -15:30, room 9 8.

Political situation in Tunisia Rapporteur: Mr Claude Kern, France, ALOE [Doc.

15384, Opinion of the Venice Commission) • • Statement by the Rapporteur Hearing with the participation of Ms Claire Bazy-Malaurie, President of the European Commission for Democracy through Law (Venice Commission) 9.
Council for Democratic Elections (Venice Commission) (tbc) Statement by Mr Michael Georg Link on his participation in the meeting held on 16 June 2022 10.

Call for candidatures2 [Doc.


15533; Terms of reference of the Platform , Concept note) • • • Rapporteur on A fourth Summit for a renewed, improved and reinforced Council of Europe In respect of the Committee, a member of the Parliamentary Platform for the rights of LGBTI people in Europe Participation in the World Forum for Democracy (Strasbourg, 7-9 November 2022) 11.
Replies by the Committee of Ministers [Recommendation 2200 (2021 ); Reply by the Committee of Ministers) [Recommendation 2208 (2021 ); Reply by the Committee of Ministers) Consideration of the Committee of Ministers replies to: • • Assembly Recommendation 2200 (2021) on Urgent need for electoral reform in Belarus Assembly Recommendation 2208 (2021) on Transparency and regulation of donations to political parties and electoral campaigns from foreign donors 1This item may also be taken on Tuesday or Thursday afternoon if time allows.
2 To be appointed on Thursday afternoon.

2 Thursday, 23 June 2022, 14.00-15:30, room 9 12. Review of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic AS/Pol (2022) OJ 10 Rapporteur: Mr Jacques Maire, France, ALOE [Doc.

15526, amendments] Consideration of amendments Deadline for amendments: Wednesday 22 June, 16:00 Debate in the Assembly: Thursday 23 June 2022, afternoon sitting 13.
Supporting a European perspective for the Western Balkans Rapporteur: Mr George Papandreou, Greece, SOC [AS/Pol (2022) XX] • • Consideration of a preliminary draft report Hearing with the participation of experts 14.

Appointments 14.1 .

Rapporteurs for report [AS/Pol (2022) WP 05; Doc.

15479; Doc.
15479; Doc.

15533] Appointment of Rapporteurs for the following reports: • • Political consequences of the Russian Federation's aggression against Ukraine (Bureau decision of 29 April 2022) The role of the Council of Europe in preventing human suffering resulting from international armed conflicts: different stages of conflict prevention and best practices to be employed • A fourth Summit for a renewed, improved and reinforced Council of Europe 14.2.
Parliamentary Platform for the rights of LGBTI people in Europe [Terms of reference of the Platform] Appointment of a member in respect of the Committee 14.3.

World Forum for Democracy (Strasbourg, 7-9 November 2022) Appointment of members to the ad hoc Committee of the Bureau to participate in the Forum 15.

Other business 16.
Other business 16.

Next meetings 13 September 2022 (all day) and 14 September (morning), Paris During the October part-session (1 0-14 October 2022), Strasbourg November 2022, meeting to be confirmed 13 December 2022, Paris 3 t Parliamentary Assembly Assemblee parlementaire ---~ ~ -.

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:EUROPE AS/Soc (2022) OJ 05rev 20 June 2022 Asocoj05rev _2022 Committee on Social Affairs, Health and Sustainable Development Revised draft agenda for the meetings to be held on Tuesday, 21 June 2022, 8.30-10 am (room 8) Thursday, 23 June 2022, 8.30 -10 am (room 9) Thursday, 23 June 2022, 2- 2.30 pm (room 9) Strasbourg (Palais de I'Europe) [lnf.ermal meeting of the Network of Contast Parliamentarians fer a healthy en¥ironment room 1, Monday, 20 June 2022, 1 2 pm Sub-Committee on Children room 3, Wednesday, 22 June 2022, 2 - 3.30 pm Sub-Committee on the Europe Prize room 9, Thursday, 23 June 2022, 2.30 - 3.30 pm] Tuesdav.
21 June 2022, 8.30- 10 am 1.

2.

3.

4.

5.
Agenda [AS/Soc (2022) OJ 05rev] Adoption of the revised draft agenda Minutes [AS/Soc (2022) PV 04] v' Approval of the draft minutes of the meeting held in Paris on 18 May 2022 Protection and alternative care for unaccompanied and separated migrant and refugee children Rapporteur: Ms Sibel Arslan, Switzerland, SOC [Doc 15548, AS/Soc (2022) 29] Consideration and approval of a draft opinion Securing safe medical supply chains Rapporteur: Ms Jennifer De Temmerman, France, ALOE [AS/Soc (2022) 30] Consideration of a draft report and adoption of a draft resolution and a draft recommendation Public health emergency: the need for a holistic approach to multilateralism and health care Rapporteur: Ms Selin Sayek Bake, Tiirkiye, SOC [AS/Soc (2022) 26] Consideration of an introductory memorandum This draft agenda, addressed to members of the Committee and their alternates, is the convocation to the meeting.
Copy to Secretaries of Delegations and of Political Groups Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national delegations): hltp://assembly.coe.inVextranet.

_________ F-67075S~ourg_Cedex I assembly@coe.int I Tel:+33388412000 ________ ~ AS/Soc (2022) OJ 05rev 6.

6.

1.
6.

1.

Committee's work programme and priorities [AS/Soc (2022) 01 rev4, AS/Soc (2022) 02rev4, AS/Soc (2022) 03] Consideration of draft motions for a resolution/recommendation with a view to adoption by the Committee for tabling [AS/Soc (2022) 28, AS/Soc (2022) 32] ./ Addressing the social and economic effects of sanctions ./ Child protection in competitive sports 6.2.
Appointment of rapporteurs [Doc 15483, Doc 15484] For report: ./ Detention of the "socially maladjusted" ./ Children in the world of work: eradicating harmful child labour 6.

3.

Appointment of rapporteurs - call for candidates [Doc 15513, Doc 15515, Doc 15517] For report: ./ Safeguarding future rights for future generations ./ Analysis and guidelines for a sustainable and socially fair energy transition ./ Strengthening palliative care for children 6.4.

6.5.
6.5.

Appointment of the General Rapporteur on local and regional authorities Appointment of the Committee 's member of the Parliamentary Platform for the rights of LGBTI people in Europe 6.6 .
Appointment of Committee representatives to external events (subject to the availability of funds) ./ WTO 2022 Public Forum, 27-30 September, Geneva, Switzerland (participation limited to 3 days) ./ ./ 51h meeting of the Drafting Group on Human Rights and Environment (CDDH-ENV), 13-14 September, Strasbourg United Nations Climate Change conference - COP27, 7-18 November, Sharm El Sheikh, Egypt (participation limited to 3 days and subject to Bureau authorisation), including the Parliamentary Meeting organised by the IPU, 13 November 6.
7.

World Forum for Democracy, Strasbourg, 7-9 November 2022 [Information Document] Information on the Forum and appointment of members of the Bureau 's ad hoc Committee to participate in the Forum 2 AS/Soc (2022) OJ 05rev Thursday, 23 June 2022, 8.30-10 am 7.
Transboundary environmental impact of armed conflicts Rapporteur: Mr John Howell, United Kingdom, ECIDA [AS/Soc (2022) 09rev] ./ Consideration of a revised introductory memorandum ./ Exchange of views with the participation of: o Ms Karen Hulme, Chair of the Specialist Group on Armed Conflict and the Environment of the IUCN World Commission on Environmental Law, professor of law at the University of Essex o Ms Marja Lehto, Member of the UN International Law Commission and Special Rapporteur on the Protection of the Environment in Relation to Armed Conflicts* o Ms Helen Obregon Gieseken, Legal Advisor at the Legal Division of the International Committee of the Red Cross (ICRC) and a co-author of its updated Gu idelines on the Protection of the Natural Environment in Armed Conflict* •participation modalities to be determined 8.
Committee's work programme and priorities [AS/Soc (2022) 01 rev4, AS/Soc (2022) 02rev4, AS/Soc (2022) 03] 8.

1.

Reports from Committee representatives to external events ./ 201 h Meeting of the Steering Committee for Human Rights in the fields of Biomedicine and Health (CDBIO), 31 May-3 June, Strasbourg/hybrid: Ms Reina de Bruijn-Wezeman (Netherlands, ALOE) and Mr Jean-Pierre Grin (Switzerland, ALOE) 8.2.
Minutes [AS/Soc (2022) PV 04add] ./ Approval and declassification of the draft minutes of the public hearing on "Health and social protection of undocumented workers" held in Paris on 18 May 2022 9.

Sub-Committee on the Europe Prize Statement by the Sub-Committee Chairperson on the meeting held on 9 June 2022 10.

Sub-Committee on Children Statement by the Sub-Committee Chairperson on the meeting held on 22 June 2022 11 .
Network of Contact Parliamentarians for a healthy environment Statement by Mr Rik Daems (Belgium, ALOE), Chairperson of the Network, on the meeting held in in Paris on 19 May 2022 12.

Changes in Sub-Committees [Lists of the Sub-Committees] 13.

Other business ./ National developments ./ Nominations for the Vaclav Havel Human Rights Prize 3 AS/Soc (2022) OJ 05rev Thursday.

23 June 2022.

2- 2.30 pm 14.


Fighting vaccine-preventable diseases through quality services and anti-vaccine myth-busting Rapporteur: Ms Carmen Leyte, Spain, EPPICD [Doc 15542, amendments] <:/ __ , Consideration of possible amendments 15.
Date and place of next meetings Plenary committee Thursday 22 September 2022, Paris (Council of Europe Office) OR Thursday 22 and Friday 23 September 2022, izmir (TOrkiye) (to be confirmed, subject to Bureau authorisation and subject to the availability of funds) Autumn part-session 2022 of the Assembly, 10-14 October 2022, Strasbourg Friday, 2 December 2022, Paris (Council of Europe Office) (place to be confirmed) Network of Contact Parliamentarians for a healthy environment Friday 23 September 2022, izmir (Tiirkiye) (to be confirmed, subject to Bureau authorisation and subject to the availability of funds) October part-session 2022 of the Assembly, 10-14 October 2022, Strasbourg (date to be confirmed) Sub-Committee on the Europe Prize 2020 Europe Prize presentation ceremony, Amilly (France), 2 July 2022 2022 Europe Prize presentation ceremony, lzmir (TOrkiye) (date to be confirmed) 4 t Parliamentary Assembly Assemblee parlementaire ;..:>..,---~ ~--4//,..// ~ ...........:1iit~mm _ _ __ ___ ____ _ ___ _ _ CONSEIL DE t:EUROPE AS/Ega (2022) OJ 05 rev 15 June 2022 Committee on Equality and Non-Discrimination Draft agenda (revised) of the meetings to be held, in Strasbourg, Palais de I' Europe, on Monday 20 June 2022, from 2 to 3pm (room 6) Tuesday 21 June 2022, from 2 to 3.30pm (room 6) Wednesday 22 June 2022, from 2 to 3.30pm (room 6) (CEST) All items will be taken in the order in which they appear on the agenda, with the exception of those for which a precise time is indicated.
On the occasion of the launch of the Parliamentary Platform for the rights of LGBTI people in Europe, a side event will be held on Monday, 20 June 2022 from 1 to 2 pm (room 5).

Monday 20 June 2022, from 2 to 3pm (room 6) 1.

Agenda [AS/Ega (2022) OJ 05 rev] Adoption of the draft agenda.

2.

Minutes [AS/Ega (2022) PV 03; AS/Ega (2022) PV 04] Approval of the draft minutes of the meetings of the committee held on 26-27 April 2022 in a hybrid manner and on 12 May 2022 in Stockholm.

3.
3.

Statement by the Chairperson of the Committee This draft agenda, addressed to full members of the Committee and their alternates, is the convocation to the meeting Copy to secretaries of delegations and political groups Meeting documents are published on PA CE extra net website (restricted area for PACE Members) when they become available: http://assemblv.coe.int/extranet AS/Ega (2022) OJ 05 rev 4.
The role of political parties in fostering diversity and inclusion: a new Charter for a non-racist society Rapporteur: Mr Momodou Malcolm Jal/ow (Sweden, UEL) [Doc.

15535; Doc.

15536; amendments] Consideration of possible amendments to the draft resolution.
Deadline for tabling amendments: Monday, 20 June, 12pm Debate in the Assembly will take place on Monday 21 June afternoon Raising awareness of and countering lslamophobia in Europe Rapporteur: Mr Momodou Malcolm Jal/ow (Sweden, UEL) [AS/Ega (2022) 27] Consideration of a preliminary draft report.

Promoting inclusive participation in parliamentary and political life Rapporteur: Ms Maryna Bardina (Ukraine, ALOE) [AS/Ega (2022) 28; AS/Ega/lnf (2022) 09] Consideration of an information memorandum.

5.

6.

7.
5.

6.

7.

Launch of the Parliamentary Platform for the rights of LGBTI people in Europe [AS/Ega/Platform (2022) OJ 01; AS/Ega/Platform (2022) 01 ; list of members] Communication by the General Rapporteur on the rights of LGBTI people.

8.

9.

Closing the digital divide: promoting equal access to digital technologies Rapporteur: Ms Edite Estrela (Portugal, SOC) [AS/Ega (2022) 13] Consideration of an information memorandum.
Finding solutions for marital captivity Rapporteur: Ms Margreet De Boer (Netherlands, SOC) [AS/Ega (2022) 23] Communication by the rapporteur.

Tuesday 21 June 2022, from 2 to 3.30pm (room 6) 10.

Preventing and combating antisemitism in Europe Rapporteur: Ms Petra Bayr (Austria, SOC) [Doc.

15539; amendments] Consideration of possible amendments to the draft resolution.

Deadline for tabling amendments: Tuesday, 21 June, 10.30am Debate in the Assembly will take place on Wednesday 22 June morning 11.
Work programme [AS/Ega/lnf (2022) 01 rev 4; AS/Ega/lnf (2022) 19] i.

Consideration of the work programme 2 AS/Ega {2022) OJ 05 rev ii.

Appointment of a rapporte ur for report: - Preventing and combating violence against women with disabilities , motion for a resolution tabled by the Committee on Equality and Non-Discrimination (Doc.

15531 ].1 iii.
15531 ].1 iii.

Consideration of draft motions for a resolution with a view to adoption by the Committee for tabling on: - Preventing and combating violence and discrimination against LBO women in Europe - [AS/Ega (2022) 29] Institutional racism of law enforcement authorities against Rom a and Travellers [AS/Ega (2022) 33] - Women in the economy: employment, entrepreneurship and gender budgeting [AS/Ega (2022) 34] 12.
World Forum for Democracy (Strasbourg, 7-9 November 2022) [Concept note] Appointment of members to the Ad Hoc Committee of the Bureau of the Assembly to participate in the World Forum for Democracy, which will take place in Strasbourg from 7 to 9 November 2022 and which will be dedicated to the theme "Democracy: A New Hope?"

(at no cost to the Assembly).

13.

The Istanbul Convention: progress and challenges Rapporteur: Ms Zita Gurmai (Hungary, SOC) [AS/Ega/lnf (2022) 21] Communication by the rapporteur.
[at 2.30pm] 14.

The fight for a level playing field - ending discrimination against women in the world of sport [open to the public] Rapporteur: Ms Edite Estrela (Portugal, SOC) [AS/Ega (2022) 31] Consideration of an information memorandum.
Hearing with the participation of: - Ms Irena Guidikova, Head of the Department Children's Rights and Sport Values, Directorate General of Democracy of the Council of Europe (DGII); - Ms Sarah Townsend, Co-President, European Gay & Lesbian Sport Federation (EGLSF); - Ms Nag in Ravand, Football coach, ambassador of the Danish Football Federation; Sports and social inclusion activist.

Wednesday 22 June 2022, from 2 to 3.30pm (room 6) 15.
Justice and security for women in peace reconciliation Rapporteur: Ms Yevheniia Kravchuk (Ukraine, ALOE) [Doc.

15525; Doc.

15538; amendments] Consideration of possible amendments to the draft resolution.

Deadline for tabling amendments: Tuesday, 21 June, 4pm Joint debate in the Assembly will take place on Wednesday 22 June afternoon 1 Subject to ratification by the Assembly.

3 AS/Ega (2022) OJ 05 rev 16.


Sexual violence and conflict Rapporteur: Ms Petra Bayr (Austria, SOC) [AS/Ega (2022) 32] Consideration of an introductory memorandum.

17.

Sexual and reproductive health and rights Rapporteur: Ms Petra Sfirmen (Netherlands, ALOE) [AS/Ega (2022) 30] Consideration of an information memorandum.

[at 2.30pm] 18.
Developing mechanisms and concrete means to detect crimes of sexual violence of armed conflict and support the rehabilitation of survivors [open to the public] Joint hearing with the Parliamentary Network Women Free from Violence, with the participation of: Ms Dunja Mijatovic, Council of Europe Commissioner for Human Rights; Ms Kateryna Pavlichenko, Deputy Minister of Interior of Ukraine (online); Ms Adrijana Hanusic Becirovic, Senior Legal Adviser, TRIAL International, Sarajevo, Bosnia and Herzegovina.
19.
Reporting back Mr Fourat Ben Chikha (Belgium, SOC) for his participation in an exchange of views with ECRI's working group on a new general policy recommendation to combat discrimination and intolerance against LGBTI persons, held on 9 May 2022 by videoco.nference; Ms Zita Gurmai (Hungary, SOC) for her participation in the event on The role of national parliaments in preventing and combating violence against women and domestic violence, organised by the European Union and Council of Europe Partnership for Good Governance II (PGGII), held on 19 May 2022 in Baku and by videoconference; Mr Christophe Lacroix (Belgium, SOC), for his participation in the Seminar on Early intervention on intersex children- Promoting the rights of the child, organised by the Steering Committee for Human Rights in the fields of Biomedicine and Health (CDBIO), held on 31 May 2022 in a hybrid format.
20.

Other business 21.

Next meetings Paris, 16 September 2022; Strasbourg, during the fourth part-session 2022 of the Assembly (1 0 to 14 October 2022); Paris, 1 December 2022.

4 t Parliamentary Assembly Assemblee parlementaire ---~ ~~.

)/././/// ~ c< 'iBI!1J1Amiil!li1J:·aJ!••tll¥11ihll!
- - - - - - - - - - - - - - - - - - - • CONSEIL DE t.:EUROPE AS/Mig (2022) OJ 06 7 June 2022 amoj06_2022 Committee on Migration, Refugees and Displaced Persons Draft agenda of the meeting to be held in Strasbourg (in-person) on: • Tuesday, 21 June 2022, from 8:30am to 10:00 am (room ... ) • Wednesday, 22 June 2022, from 2:00pm to 3:30 pm (room ... ) • Thursday, 23 June 2022, from 2:00pm to 3:30pm (room ... ) Sub-Committee on Migrant Smuggling and Trafficking in Human Beings, from 2:00 pm to 2:45 pm Sub-Committee on Refugee and Migrant Children and Young People, from 2:45 pm to 3:00 pm See separate draft agendas.
Tuesday, 21 June 2022 {!1:30am to 10:00 amj 1.

Agenda [AS/Mig (2022) 06] 2.

3.

4.

5.
Adoption of the agenda Minutes [AS/M ig (2022) PV 05] Approval of the minutes of the meeting held in Paris, on 3 June Statement by the Chairperson of the Committee Safe third countries for asylum seekers Rapporteur: Ms Stephanie Krisper, Austria, ALOE [AS/Mig (2022) 03] Consideration of a draft report and adoption of a draft resolution and a draft recommendation Pushbacks on land and sea: illegal measures of migration management Rapporteur: Mr Pierre-A/ain Fridez, Switzerland, SOC [AS/Mig (2022) 07) Consideration of a draft report and adoption of a draft resolution This draft agenda, addressed to full members of the Committee and their alternates, is the convocation to the meeting Copy to secretaries of delegations and political groups Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe .inVextranet.
F- 67075 Strasbourg Cedex I a§!llig@coe.int I Tel: +33 3 88 41 2000 AS/Mig (2022) OJ 06 6.

7.
Humanitarian consequences and internal and external migration In connection with the aggression of the Russian Federation against Ukraine Rapporteur: Mr Pierre-Aiain Fridez, Switzerland, SOC [Doc ... ] Consideration of possible amendments tabled to the draft resolution Deadline for tabling amendments: Tuesday, 21 June, 16:00 Debate in the Assembly will take place on Wednesday 22 June 2022 afternoon Protection and alternative care for unaccompanied and separated migrant and refugee children Rapporteur: Ms Mariia Mezentseva, Ukraine, EPPICD [Doc ... ] [Doc.
*** -opinion] Consideration of possible amendments tabled to the draft resolution Deadline for tabling amendments: Tuesday, 21 June, 16:00 Debate in the Assembly will take place on Wednesday 22 June 2022 afternoon 8.

New UK legislation threatens the 1951 Refugee Convention [As/Mig/lnf (2022) ... ] Consideration and approval of a draft declaration on behalf of the Committee 9.

Open discussion on current issues 10.


Work programme [AS/Mig/WP (2022) 06] • Appointment of Rapporteurs Missing migrants, refugees and asylum seekers- a call to clarify their fate [Doc.

15488, Motion for a resolution, referred to the Committee on 25 April] 11.

Composition of the Sub-Committees [List] Possible changes in the composition of the Sub-Committees 12.

Other business 13.
Other business 13.

Next meetings • • • Athens, Sunday-Monday 18-19 September 2022 Strasbourg, During 4th part session, from 10 to 14 October 2022 Paris, Wednesday 7 December 2022 2 t Parliamentary Assembly Assemblee parlementaire -...:>"">~ ==::--,.~.//././/./ ~~~~.mm~~~================================== CONSEI L DE !
:EUROPE AS/Jur (2022) OJ 06 10 June 2022 ajoj06 2022 Committee on Legal Affairs and Human Rights Draft Agenda 1 for the meetings to be held in Strasbourg (Palais de I' Europe) on: -Monday 20 June 2022 at 2.00-3.00pm (Room 8) -Tuesday 21 June 2022 at 2.00-3.30pm (Room 8) -Thursday 23 June 2022 at 8.30-10am (Room 8) -Thursday 23 June 2022 at 2.00-3.30pm (Room 8) Monday 20 June 2022, 2.00pm- 3.00 pm (Room 8) 1.

Agenda [AS/Jur (2022) OJ 06] Adoption of the agenda 2.
Minutes [AS/Jur (2022) PV 03, 04, 05] Approval of the minutes of the meeting held during the April part-session 2022 in Strasbourg (hybrid), 29 April 2022 in Strasbourg (hybrid) and on 23 May 2022 in Paris 3. Review of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic Rapporteur for opinion: Mr Serhii Kalchenko, Ukraine, ECIDA Rapporteur for the Committee on Political Affairs and Democracy: Mr Jacques Maire, France, ALOE [AS/Jur (2022) ... Doc .... ] Consideration of a report tabled by the Committee on Political Affairs and Democracy Consideration and approval of the Committee's opinion 1 Committee documents are published on the PACE extranet website (restricted area for PACE Members) when they become available: http://assembly.coe.int/extranet.
PACE IT Unit staff (it.unit@coe.int) remains at your disposal for any technical assistance.

This draft agenda contains hyperlinks to some Assembly documents.

This draft agenda, addressed to members of the Committee and their alternates, is the convocation to the meeting Copy to Secretaries of national delegations, of observer and partner for democracy delegations and of political groups F- 67075 Strasbourg Cedex 1 assembly@coe.int 1 Tel:+ 33 3 68 41 2000 1 Fax: +33 3 88 41 2702 AS!Jur (2022) OJ 06 4.
References transmitted to the committee (Appointment procedure document Rapporteur table Doc.

15390 Appointment of a Rapporteur for opinion: Child abuse in Europe: addressing, compensation and prevention Rapporteur for the Committee on Social Affairs, Health and Sustainable, Development: Mr Pierre Aiain Fridez (Switzerland, SOC) 5.

World Forum for Democracy [Concept note] Proposal of members to the ad hoc committee of the Bureau attending the World Forum on Democracy on 7-9 November 2022 in Strasbourg 6.
Participation of members in conferences, meetings, seminars etc Reports by the following representatives: • Conference on freedom of political speech, 28-29 April 2022 , Lausanne, Switzerland: participation of the Rapporteur for follow-up to Assembly Resolution 2381 (2021 ), Mr Boriss Cilevics, Latvia, SOC, • Colloquy on "International Law, Europe and Switzerland", 20 May 2022, Neuchatel, Switzerland: Mr Damien Cottier (Switzerland , ALOE) • 91 st plenary meeting of GRECO, 13-17 June 2022: Mr Titus Corlatean (Romania, SOC) • Plenary of the Financial Action Task Force 14-17 June 2022, Hybrid Meeting, Berlin ; participation of the Committee representative for Moneyval, Ms Sunna Aevarsdottir (Iceland, SOC), • 73rd meeting of the Council for Democratic Elections (of the Venice Commission), 16 June 2022: Mr. Davor lvo Stier (Croatia, EPP/CD • 131st plenary session of the European Commission for Democracy through Law (Venice Commission), 17-18 June 2022 : Mr. Constantinos Efstathiou (Cyprus, SOC) 7.
Hearings during the next meetings Tuesday 21 June 2022, 2.00pm- 3.30pm (Room 8) 8.

The continuing need to restore human rights and the rule of law in the North Caucasus region Rapporteur: Mr Frank Schwabe, Germany, SOC [Doc.

15544 +amendments] Consideration of amendments to the draft resolution 9.

Reported cases of political prisoners in the Russian Federation Rapporteur: Ms Thorhildur Sunna 1Evarsd6ttir, Iceland, SOC [Doc.
15545 + amendments] Consideration of amendments to the draft resolution and a draft recommendation 10.

Should politicians be prosecuted for statements made in the exercise of their mandate?

: follow-up to Resolution 2381 (2021) Rapporteur for follow-up: Mr Boriss Cilevics, Latvia, SOC [AS/Jur (2022) .

.

. )

Draft statement] Adoption of a follow-up report Adoption of a statement by the Committee 2 AS!Jur (2022) OJ 05 Thursday 23 June 2022, 8.30am- 10am (Room 8) 11.
Ensuring accountability for the downing of flight MH 17 Rapporteur: Mr Titus Cortatean, Romania, SOC [Doc.

15543 + amendments] Consideration of amendments to the draft resolution 12.
Addressing the issue of Daesh foreign fighters and their families returning from Syria and other countries to the member States of the Council of Europe Rapporteur: Mr Pieter Omtzigt, the Netherlands, EPP!CD (Rapporteur for opinion for Committee on Social Affairs, Health and Sustainable Development : Mr Stefan Schennach (Austria, SOC) (AS/Jur (2022) ... ] Consideration of a draft report and adoption of a draft resolution and a draft recommendation 13.
Misuse of the Schengen system by Council of Europe member States as a politically-motivated sanction Rapporteur: Mr Ziya Altunyaldiz, TOrkiye, Nl [AS/Jur (2022) ... ] Consideration of a draft report and adoption of a draft resolution and a draft recommendation Thursday 23 June 2022, 2pm- 3.30pm (Room 8) Hearing: 14.

The impact of the Covid-19 restrictions for civi l society space and activities Rapporteur: Ms Alexandra Louis, France, ALOE [AS/Jur (2022) ... ] Hearing with the participation of: zz zz 15.
Continuation of the following adoptions from the morning session if necessary: Addressing the issue of Daesh foreign fighters and their families returning from Syria a) and other countries to the member States of the Council of Europe Rapporteur: Mr Pieter Omtzigt, the Netherlands, EPPICD (Rapporteur for opinion for Committee on Social Affairs, Health and Sustainable Development : Mr Stefan Schennach (Austria, SOC) Consideration of a draft report and adoption of a draft resolution and a draft recommendation Misuse of the Schengen system by Council of Europe member States as a politically- b) motivated sanction Rapporteur: Mr Ziya Altunyaldiz, Republic of TOrkiye, Nl [AS/Jur (2022) ... ] Consideration of a draft report and adoption of a draft resolution and a draft recommendation 3 AS/Jur (2022) OJ 06 16.
Other business 17.

Next meetings Plenary Committee 5 and 6 September in Bern and Neuchatel during the Assembly's 4th part-session of 2022 (1 0-14 October 2022) 14 November 2022, t.b.c.

12 December 2022, t.b.c.
~ , I 4 ~ Parliamentary Assembly ttfL~ Assemblee parlementaire ~~ - ~ .-.dil.mmfl~!l!ilml"'lil•l"!·lllitilllll!lllllllllllillllllllllliillUIIIIIIIIIIIIIIilllllilll-llllllllllllllllllllllllilllllilllllilllllilllllilllllilllllillllllll SECRETARIAT AS/Cult (2022) CB 05 28 June 2022 To the members of the Committee on Culture, Science, Education and Media Synopsis of the meeting held in Strasbourg on 21 and 23 June 2022 The Committee on Culture, Science, Education and Media, meeting in Strasbourg on Tuesday 21 June 2022 from 2 pm to 3.30 pm and Thursday 23 June 2022 from 8.30 am to 10 am, with Lord Alexander Dundee (United Kingdom, EC/DA) and Ms Laura Castel (Spain/UEL) in the chair, Tuesday 21 June 2022 from 2 pm to 3.30 pm, as regards: The Cultural Routes: a platform for Intercultural dialogue (Rapporteur: Mr Andries Gryffroy, Belgium, NR): considered an introductory memorandum; Track and trace applications: ethical, cultural and educational challenges (Rapporteur: Mr Duncan Baker, United Kingdom, ECIDA): considered a preliminary draft report and held an exchange of views with the participation of Mr Jean-Philippe Walter (Switzerland), Council of Europe Data Protection Commissioner; Committee work programme: Draft motions for a resolution and a recommendation: took note of a draft motion for a resolution on "Countering the erasure of cultural identity in war and peace" presented by Ms Yevheniia Kravchuk (Ukraine, ALDE), and expressed its support for this initiative; Reports on recent meetings: heard from Lord George Foulkes (United Kingdom, SOC) about some exchanges he recently had with FIFA senior officials, as a follow up to his report on "Football governance: business and values"; Requests or information from the rapporteurs: heard the respective declarations of absence of conflict of interest from: • Mr Pavia Sushko (Ukraine, EC/DA) rapporteur on "Online education and special education needs of children with disabilities and learning difficulties" (online); • Mr Stefan Schennach, (Austria, SOC) rapporteur on "Countering SLAPPs: an imperative for the democratic society"; • Mr Stefan Schennach (Austria, SOC), Representative to the Committee of the Parties of the Convention on Offences relating to Cultural Property; Composition of the sub-committees: approved the following changes: Sub-committee on Education, Youth and Sport: • Mr Mikko Kinnunen (Finland, ALDE) becomes a full member, replacing Ms Hilkka Kemppi; • Ms Jeane!
van der Laan (Netherlands, ALDE) becomes a full member; (, AS/Cult (2022) CB 05 Sub-committee on Media and Information Society: • Mr Mikko Kinnunen (Finland, ALOE) becomes an alternate of Ms lnka Hopsu; Communications from the Chairperson of the committee: was informed by the Chairperson about: • • the proposal he had addressed to the President of the Assembly concerning the establishment of an ad hoc committee of the Bureau which could attend the Council of Europe Conference of Ministers responsible for Sport in Antalya on 26-27 October 2022; a letter he had received from Mr Ahmet Yildiz, Chairperson of the Turkish Delegation to PACE highlighting the completion of the restauration work on the Western Theatre of the ancient city of Laodicea; Thursday 23 June 2022 from 8.30 am to 10 am, as regards: The control of online communication: a threat to media pluralism, freedom of information and human dignity (Rapporteur: Mr Frederic Reiss, France, EPPICO): considered three amendments to the draft resolution, and adopted unanimously and tabled three written sub-amendments, following proposals by the Rapporteur and agreed on by the movers of the amendments; Promoting online education and research across national borders (Rapporteur: Lord Alexander Dundee, United Kingdom, EC/OA): held an exchange of views with the participation of Sir lan Livingstone, author and entrepreneur, United Kingdom; Declaration of the committee: decided to postpone the vote on the draft declaration "Ensuring effective protection of Hagia Sophia" (Istanbul, TGrkiye), and took note of the proposal by Mr Constantlnos Efstathiou to invite UNESCO representatives for an exchange of views; Committee work programme: References to the committee and appointment of rapporteurs: appointed Mr Mogens Jensen (Denmark, SOC) rapporteur on "Guaranteeing media freedom and the safety of journalists: an obligation of member States", subject to his declaration of absence of conflict of interest; Appointment of representatives for forthcoming events: • appointed, at no
 costs for the Assembly: Mr Constantinos Efstathiou, Chairperson of the Sub-committee on culture, diversity and heritage, to participate in the Annual Forum of the Cultural Routes on 5-7 October 2022 in Chania, Greece; • appointed, subject to the availability of funds: Ms Foteini Pipili, PACE institutional representative to Europa Nostra, to participate in the annual event of Europa Nostra "European Cultural Heritage Summit 2022" on 25-27 September 2022, in Prague; Mr Roberto Rampi, rapporteur on "The role of sites of remembrance: places of commemoration and education for democratic citizenship", to participate in the first annual Forum on History Education on the theme "Sites of memories - learning spaces for Democracy" on 2-4 November 2022, in Belgrade; Sub-committees Sub-committee on Media and Information Society: took note that the Sub-committee will be invited by the Selmas of Lithuania to attend ·the conference on "Public Service Media for Democracy", which is organised jointly by the Council of Europe and the European Broadcasting Union (EBU) in Vilnius on 22 November 2022, and to meet on 21 November 2022, alongside the conference; entrusted the chairperson to request the authorisation of the PACE Bureau upon reception of the formal invitation; Sub-committee on Culture, Diversity and Heritage: heard from Ms Foteini Pipill that she wished to invite the sub-committee to meet in Greece In 2023, on the theme of "cultural heritage and water''.
2 AS/Cult (2022) CB 05 World Forum for Democracy (Strasbourg, 7-9 November 2022): took note of the programme of the next World Forum for Democracy, which will be held in Strasbourg on 7-9 November 2022, and proposed as members of the ad hoc Committee of the Bureau of the Assembly: Mr Constantinos Efstathiou (Cyprus, SOC), Ms Linda Hofstad Helleland, (EPP/CD) Norway, Mr Rafael Huseynov (Azerbaijan, ALDE) and Mr Roberto Rampi (Italy, SOC); Next meetings: decided on the forthcoming meetings of the committee as follows: 4th part-session 2022 (1 0-14 October 2022), 5-6 December 2022, Paris (tbc); Roberto Fasino, Dana Karanjac, Silvia Arzilli cc: Secretary General of the Assembly Directors and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 3 t Parliamentary Assembly Assemblee parlementaire ~~ 5;::;.
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!iil11Jil ____________________ CONSEIL DE tEUROPE SECRETARIAT AS/Pol (2022) CB 10 24 June 2022 To the members of the Committee on Political Affairs and Democracy Synopsis of the meetings held in Strasbourg on 20-23 June 2022 The Committee on Political Affairs and Democracy, meeting in Strasbourg on 20-23 June 2022, first with Mr Zsolt Nemeth (Hungary, EC/DA), Chairperson, and then with Mr George Katrougalos (Greece, UEL), Chairperson of the Sub-Committee on the Middle East and the Arab World, in the Chair: • on Monday 20 June 2022 from 14:00 to 15:00, as regards: Supporting a European perspective for the Western Balkans (Rapporteur: Mr George Papandreou, Greece, SOC): considered a preliminary draft report; Assessing the functioning of the partnership for democracy (Rapporteur: Ms Ria Oomen-Ruijten, Netherlands, EPP/CD): decided to request an extension of the validity of the reference until 30 September 2023; • on Tuesday 21 June 2022 from 14:00 to 15:30, as regards: Political situation in Tunisia (Rapporteur: Mr Claude Kern, France, ALDE): heard a statement by the Rapporteur and held a hearing with the participation of Ms Claire Bazy-Malaurie, President of the European Commission for Democracy through Law (Venice Commission); Recent challenges to security in Europe: what role for the Council of Europe?
(Rapporteur: Mr Bogdan Klich, Poland, EPPICD): took position on the 3 amendments which had been tabled to the draft Resolution; Call for an inclusive national political process in Belarus (Rapporteur: Mr Kimma Kiljunen, Finland, SOC): heard a statement by the Rapporteur and agreed with his proposal to change the title of the report to Call for a national political reform process in Belarus; Call for candidatures: called for candidates: o • o for a Rapporteur on A fourth Summit for a renewed, improved and reinforced Council of Europe; for a member in respect of the Committee of the Parliamentary Platform for the rights of LGBTI people in Europe; for membership in the ad hoc Committee of the Bureau to participate in the World Forum for Democracy (Strasbourg, 7-9 November 2022); Replies by the Committee of Ministers: took note of the replies from the Committee of Ministers to: o o Recommendation 2200 (2021) on Urgent need for electoral reform in Belarus; Recommendation 2208 (2021) on Transparency and regulation of donations to political parties and electoral campaigns from foreign donors; This document is available on the Parliamentary Assembly Extranet website (restricted area for PACE Members) IT'E;lJgl!
!lJI~~i!I@:§:~lim~l~ill\~~:;;~;;:~~;;;~~~~~~l!~lmROf\B~~l~i&K~~~ ~ AS/Pol (2022) CB 10 • on Thursday 23 June 2022 from 14:00 to 15:30, as regards: Review of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic (Rapporteur: Mr Jacques Maire, France, ALOE): took position on the 9 amendments which had been tabled to the draft Resolution and decided to table one sub-amendment; heard a statement by Mr Bakyt Tentishev, member of the Jogorku Kenesh of the Kyrgyz Republic; and took note that Mr George Katrougalos, Chairperson of the Sub-Committee on the Middle East and the Arab World, would replace the Chairperson of the Committee during the plenary debate; The impact of Brexit on human rights on the island of Ireland (Rapporteur: Mr George Katrougalos, Greece, UEL): considered a preliminary draft report and authorised the Rapporteur to carry out a fact finding visit to Brussels in the framework of the preparation of his report (subject to the availability of funds); ll li ' I Appointments: • appointed by acclamation: Mr Emanuelis Zingeris (Lithuania, EPP/CD), as Rapporteur on Political consequences of the Russian Federation's aggression against Ukraine, subject to hearing from him a declaration on any relevant interests; Ms Lesia Vasylenko (Ukraine, ALOE), as Rapporteur on The role of the Council of Europe in preventing human suffering resulting from international armed conflicts: different stages of conflict prevention and best practices to be employed and heard from her a declaration of absence of conflict of interest; Ms Fiona O'Loughlin (Ireland, ALOE), as Rapporteur on A fourth Summit for a renewed, improved and reinforced Council of Europe and heard from her a declaration of absence of conflict of interest; • • postponed the appointment of a member of the Parliamentary Platform for the rights of LGBTI people in Europe in respect of the Committee and invited members to put forward their candidatures; appointed Mr Mehmet Mehdi Eker (TOrkiye, NR), Ms Emine Nur GOnay (TOrkiye, NR), Mr
 George Katrougalos (Greece, UEL), and Mr George Papandreou (Greece, SOC) to sit on the ad hoc Committee of the Bureau to participate in the World Forum for Democracy (Strasbourg, 7-9 November 2022); Next meetings: took note of its next meetings as follows: 12 September (afternoon) and 13 September 2022 (all day), Paris During the October part-session (10-14 October 2022), Strasbourg November 2022, meeting to be confirmed 13 December 2022, Paris 2 AS/Pol (2022) CB 10 ******************* The Sub-Committee on External Relations of the Committee on Political Affairs and Democracy, meeting in Strasbourg on Thursday 23 June 2022 with Mr Antonio Gutierrez Limones (Spain, SOC), Chairperson, as regards: Council of Europe external relations and contribution to the international order and global governance, and to SDGs: State of play and perspectives, Stocktaking of Chairmanship of the Executive committee of the North South Centre: heard a statement by Ambassador Manuel Montobbio, Permanent Representative of Spain, in his dual capacity as Chairperson of the Rapporteur Group on External Relations of the Committee of Ministers (GR-EXT) and outgoing Chairperson, in respect of Spain, of the Executive Committee of North-South Centre (4 September 2018-17 June 2022), and held an exchange of views; Strengthening relations between the Council of Europe and Latin America: heard a statement by its Chairperson, also in his capacity as Rapporteur on the matter, and held an exchange of views with the participation of Mr Ector Jaime Ramirez, member of the Observer delegation of Mexico to the Parliamentary Assembly; Future work: considered the possibility of holding a meeting at the UN Headquarters, New York, in Autumn 2022 (in accordance with Assembly Order 500 (1994) and subject to the authorisation by the Bureau); Date and place of the next meeting: left it to its Chairperson to convene the next meeting.
******************* The Sub-Committee on Democracy of the Committee on Political Affairs and Democracy, meeting in Strasbourg on Thursday 23 June 2022 with Mr George Papandreou (Greece, SOC) in the Chair, as regards: Election of the Vice-Chairperson: elected, by acclamation, Ms lngjerd Schou (Norway, EPP/CD); Digital technologies and democracy: held an exchange of views with Professor Jeremy Pitt, Artificial Intelligence, Self-Organising Systems, Imperial College London, and Ms Claudia Luciani, Director of Human Dignity, Equality and Governance of the Directorate General of Democracy of the Council of Europe; Date and place of the next meeting: left it to its Chairperson to convene the next meeting.
Sonia Sirtori, Agnes Kertesz, Pavel Chevtchenko, Ay~egOI Elveri~.

Elia Boggia cc.
Secretary General of the Assembly Directors and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of obseiVer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 3 t Parliamentary Assembly Assemblee parlementaire ~~ ~--~mma.
.................................... ... AS/Soc (2022) CB 05 24 June 2022 To the members of the Committee on Social Affairs, Health and Sustainable Development Synopsis of the meetings held in Strasbourg on 20-23 June 2022 The Committee on Social Affairs, Health and Sustainable Development, meeting in Strasbourg, on Tuesday, 21 June 2022, with Ms Selin Sayek Bake (TOrkiye, SOC), Chairperson, and Mr Alain Milan (France, EPP/CD), first Vice-President, in the Chair, as regards: Protection and alternative care for unaccompanied and separated migrant and refugee children (Rapporteur for opinion: Ms Sibel Arslan, Switzerland, SOC): considered and unanimously approved a draft opinion, including 5 amendments to the draft resolution; Securing safe medical supply chains (Rapporteur: Ms Jennifer De Temmerman, France, SOC): considered a draft report and unanimously adopted a draft resolution and a draft recommendation, as amended, with a view to presenting the report for debate during the November meeting of the Standing Committee of the Assembly; Public health emergency: the need for a holistic approach to multilateralism and health care (Rapporteur: Ms Selin Sayek Bake, TOrkiye, SOC): considered an introductory memorandum and authorised the rapporteur to carry out a fact-finding visit to WTO and WHO in Geneva (subject to the availability of funds); Committee's work programme and priorities: considered and unanimously approved draft motions for resolutions on "Addressing the social and economic effects of sanctions" and "Child protection in competitive sports", for tabling on behalf of the Committee; appointed rapporteurs for report as follows: ./ Detention of the "socially maladjusted" - Mr Stefan Schennach (Austria, SOC) ./ Children in the world of work: eradicating harmful child labour - Ms Susana Sumelzo (Spain, SOC) and heard from Mr Schennach a declaration of absence of conflict of interest; issued a call for rapporteurs for report (to be appointed at a subsequent meeting) as follows: ./ Safeguarding future rights for
 future generations - noted the candidature of Ms Sibel Arslan, (Switzerland, SOC) ./ Analysis and guidelines for a sustainable and socially fair energy transition -noted the candidature of Mr Anton G6mez-Reino (Spain, UEL) ./ Strengthening palliative care for children - noted the candidature of Ms Romilda Baldacchino Zarb (Malta, SOC) during the meeting, and the candidatures of Ms Diana Stoica (Romania, ALOE) and Ms Zdravka Busic (Croatia, EPP/CD) received afterwards appointed Mr Arman Gevorgyan (Armenia, EPP/CD) as General Rapporteur on local and regional authorities and heard from him a declaration of absence of conflict of interest; appointed Ms Lisa Marie Ness Klungland (Norway, ALOE) as the Committee's member of the Parliamentary Platform for the rights of LGBTI people in Europe; AS/Soc (2022) CB 05 appointed Committee representatives to external events as follows (subject to the availability of funds): v' WTO 2022 Public Forum, 27-30 September 2022, Geneva, Switzerland (participation limited to 3 days) - Mr Geralnt Davies (United Kingdom, SOC) '<' 5th meeting of the Drafting Group on Human Rights and Environment (CDDH-ENV), 13-14 September 2022, Strasbourg- Mr Simon Moutquin (Belgium, SOC) v' United Nations Climate Change conference- COP27, 7-18 November 2022, Sharm El Sheikh, Egypt (participation limited to 3 days and subject to Bureau authorisation*), including the Parliamentary Meeting organised by the IPU, 13 November- Mr Rik Daems (Belgium, ALDE) and (at no cost to the Assembly) Ms Sibel Arslan (Switzerland, SOC), Mr Jean-Pierre Grin (Switzerland, ALDE), Ms Emine Nur Gunay (Turkiye, NR), and Ms Agnes Mulder (Netherlands, EPP/CD) World Forum for Democracy, Strasbourg, 7-9 November 2022: proposed Ms Selin Sayek Boke (TOrkiye, SOC), Ms Emine Nur GUnay (Turkiye, NR), and Mr Armen Gevorgyan (Armenia, EPP/CD) for appointment as members of the ad hoc Committee of the Bureau to participate in the Forum; • Thursday, 23 June 2022, at 8.30 am, with Ms Selin Sayek
 Boke (Turkiye, SOC), Chairperson, in the Chair, as regards: Transboundary environmental impact of armed conflicts (Rapporteur: Mr John Howell, United Kingdom, EC/DA): considered a revised introductory memorandum, decided to change the title to "Environmental impact of armed conflicts" and held an exchange of views with: v' Ms Helen Obregon Gieseken, Legal Advisor at the Legal Division of the International Committee of the Red Cross (ICRC) and a co-author of its updated Guidelines on the Protection of the Natural Environment in Armed Conftict v' Ms Marja Lehto, Member of the UN International Law Commission and Special Rapporteur on the Protection of the Environment in Relation to Armed Conflicts v' Ms Karen Hulme, Chair of the Specialist Group on Armed Conflict and the Environment of the IUCN World Commission on Environmental Law, professor of law at the University of Essex Committee's work programme and priorities: heard back from the Committee representatives to external events as follows: v' 20'h meeting of the Steering Committee for Human Rights in the fields of Biomedicine and Health (CDBIO), 31 May-3 June, Strasbourg/hybrid: Ms Reina de Bruijn-Wezeman (Netherlands, ALDE) and Mr Jean-Pierre Grin (Switzerland, ALOE) Network of Contact Parliamentarians for a healthy environment: heard a statement from Mr Rik Daems (Belgium, ALDE), Network Chairperson, on the meetings held in Paris on 19 May and informally in Strasbourg on 20 June; • Thursday, 23 June 2022, at 2 pm, with Ms Selin Sayek Boke (TOrkiye, SOC), Chairperson, in the Chair, as regards: Sub-Committee on the Europe Prize: heard a statement from Ms Carmen Leyte (Spain, EPP/CD), Sub Committee Chairperson, on the meeting of the Sub-Committee held on 9 June, on the occasion of the General Assembly of the Association of Towns Awarded the Europe Prize; Sub-Committee on Children: heard a statement from Ms Sevinj Fataliyeva (Azerbaijan, EC/DA), Sub Committee Vice-Chairperson, on the meeting held the day before;
 Changes in Sub-Committees: approved the following changes: Sub-Committee on the Europe Prize v' Ms Catarina Rocha Ferreira (Portugal, EPP/CD) became a full member Sub-Committee on Children v' Ms Catarina Rocha Ferreira (Portugal, EPP/CD) became a full member * Bureau authorisation was given on 24 June 2022 2 AS/Soc (2022) CB 05 Sub-Committee on European Social Charter " Mr Pedro Cegonho (Portugal, SOC) became a full member with Ms Jamila Madeira (Portugal, SOC) as his alternate Sub-Committee on Public Health and Sustainable Development " Mr Pedro Cegonho (Portugal, SOC) became a full member with Ms Jamila Madeira (Portugal, SOC) as his alternate Vaclav Havel Human Rights Prize: took note of the call for nominations for the 2022 Vaclav Havel Prize; Fighting vaccine-preventable diseases through quality services and anti-vaccine myth-busting (Rapporteur: Ms Carmen Leyte, Spain, EPP!CD): took note that no amendments had been tabled; Date and place of next meetings: welcomed the invitation to hold a meeting of the Plenary Committee and the Network of Contact Parliamentarians for a healthy environment in lzmir, TOrkiye, on 22-23 September 2022 (subject to Bureau authorisation') Plenary committee Thursday 22 and Friday 23 September 2022 (morning), lzmir (TOrkiye) October part-session 2022 of the Assembly, 10-14 October 2022, Strasbourg Friday, 2 December 2022, Paris (Council of Europe Office) (place to be confirmed) Network of Contact Parliamentarians for a healthy environment Friday 23 September 2022 (afternoon), lzmir (TOrkiye) October part-session 2022 of the Assembly, 10-14 October 2022, Strasbourg (date to be confirmed) Sub-Committee on Public Health and Sustainable Development October part-session 2022 of the Assembly, 10-14 October 2022, Strasbourg (date to be confirmed) Bureau authorisation was given on 24 June 2022 **** The Network of Contact Parliamentarians for a healthy environment, meeting informally on Monday, 20 June 2022, with Mr Rik Daems (Belgium, ALDE), Network
 Chairperson, in the Chair, held an exchange of views on its work programme.
**** The Sub-Committee on Children, meeting in Strasbourg on Wednesday, 22 June 2022, with Ms Sevinj Fataliyeva (Azerbaijan, EC/DA), Vice-Chairperson, in the Chair, as regards: Participation of children in the work of the Parliamentary Assembly: first results and prospects: held a public hearing with the participation of: " For6ige, Youth Development Organisation, Ireland " Youth Council of the City of Strasbourg, France " The Burntwood School, London, UK- UNICEF Rights Respecting School " Baroness Doreen E. Massey, former Rapporteur on "The right to be heard: child participation: a foundation for democratic societies" " Mr Joe O'Reilly, Rapporteur on "Right of the child to protection while using the internet" " Mr Simon Moutquin, Rapporteur on "Taking into consideration the impact of the fight against the Covid-19 pandemic on the mental health of minors and young adults" Date and place of the next meeting: to be confirmed **** 3 .. AS/Soc (2022) CB 05 The Sub-Committee on the Europe Prize, meeting in Strasbourg on Thursday, 23 June 2022, with Ms Carmen Leyte (Spain, EPP/CD), Sub-Committee Chairperson, in the Chair: held the presentation ceremony of the 2022 European Diplomas, awarded to four towns: Longwy (France), Zeii-Mosel (Germany), Bornova (TOrkiye) and Edirne (TOrkiye); Date and place of the next meetings: Saturday, 2 July 2022, Amilly (France), 2020 Europe Prize presentation ceremony Saturday, 24 September 2022, lzmir (TOrkiye), 2022 Europe Prize presentation ceremony Tanja Kleinsorge, Aisle Ramanauskaite, Yulia Pererva, Guillaume Parent, Anita Gholami, Prisca Barthel cc: Secretary General of the Assembly Director and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the
 Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 4 Assemblee parlementaire t Parliamentary Assembly ~~~--------------------~~~~ SECRETARIAT AS/Ega (2022) CB 05 24 June 2022 To the members of the Committee on Equality and Non-Discrimination Synopsis of the meeting held in Strasbourg on 20-22 June 2022 The Committee on Equality and Non-Discrimination, meeting in Strasbourg on 20-22 June 2022, • Monday 20 June, from 2 to 3pm, with Mr Fourat Ben Chikha (Belgium, SOC), 3'" Vice-Chairperson, in the Chair, as regards: The role of political parties in fostering diversity and inclusion: a new Charter for a non -racist society (Rapporteur: Mr Momodou Malcolm Jallow, Sweden, UEL): took position on one amendment to the draft resolution and asked its Chairperson to propose that the amendment unanimously approved be declared as adopted by the Assembly under Rule 34.11 of the Assembly's Rules of Procedure; Raising awareness of and countering lslamophobia In Europe (Rapporteur: Mr Momodou Malcolm Jallow, Sweden, UEL): considered a preliminary draft report; Promoting inclusive participation in parliamentary and political life (Rapporteur: Ms Maryna Bardina, Ukraine, ALDE): considered an information memorandum; Launch of the Parliamentary Platform for the rights of LGBTI people in Europe: heard a communication by the General Rapporteur on the rights of LGBTI people, Christophe Lacroix (Belgium, SOC) on the launch event held on 20 June 2022; Closing the digital divide: promoting equal access to digital technologies (Rapporteur: Ms Edite Estrela, Portugal, SOC): heard a communication by the Rapporteur; • Tuesday 21 June, from 2 to 3.30pm, with Mr Momodou Malcolm Jallow (Sweden, UEL), 2"' Vice Chairperson, in the Chair as regards: Raising awareness of and countering lslamophobia in Europe (Rapporteur: Mr Momodou Malcolm Jal/ow, Sweden, UEL): decided to change the title of the report as follows: Raising awareness of and
 countering lslamophobia, or anti-Muslim racism, in Europe; Preventing and combating antisemitism in Europe (Rapporteur: Ms Petra Bayr, Austria, SOC): took position on one amendment to the draft resolution; Work programme: took note of the work programme; Appointment of a rapporteur: appointed Ms Beatrice Fresko-Rolfo (Monaco, ALDE) as rapporteur for report on Preventing and combating violence against women with disabilities, subject to hearing from her a declaration of absence of conflict of interest at the next meeting; This document is available on the Parliamentary Assembly Extranei website (restricted area for PACE Members) http.l/assernbfv.coe.intlextranet AS/Ega (2022) CB 05 Motions for a resolution: adopted the following motions for a resolution for tabling in the name of the Committee: - Preventing and combating violence and discrimination against LBQ women in Europe; Institutional racism of law enforcement authorities against Rom a and Travellers; - - Women in the economy: employment, entrepreneurship and gender budgeting; World Forum for Democracy (Strasbourg, 7-9 November 2022): appointed Mr Jean-Pierre Grin (Switzerland, ALDE) and Ms Zita Gurmai (Hungary, SOC) as members to the Ad Hoc Committee of the Bureau of the Assembly to participate in the World Forum for Democracy (at no cost to the Assembly); The Istanbul Convention: progress and challenges (Rapporleur: Ms Zita Gurmai, Hungary, SOC): heard a communication by the rapporteur on her fact-finding visit to TOrkiye on 6-7 June 2022; The fight for a level playing field - ending discrimination against women in the world of sport (Rapporleur: Ms Edite Estrela, Porlugal, SOC): considered an information memorandum and held a hearing with the participation of: Ms Irena Guidikova, Head of the Department Children's Rights and Sport Values, Directorate General of Democracy of the Council of Europe (DGII); - Ms Sarah Townsend, Co-President, European Gay & Lesbian Sport Federation (EGLSF); - Ms Nag in Ravand,
 Football coach, ambassador of the Danish Football Federation, sports and social inclusion activist; • Wednesday 22 June, from 2 to 3.30pm, with Mr Fourat Ben Chikha (Belgium, SOC), 3"' Vice Chairperson, in the Chair as regards: Justice and security for women in peace reconciliation (Rapporleur: Ms Yevheniia Kravchuk, Ukraine, ALOE): took position on 5 amendments to the draft resolution, approved an oral amendment, and asked its Chairperson to propose that the amendments unanimously approved be declared as adopted by the Assembly under Rule 34.11 of the Assembly's Rules of Procedure; Finding solutions for marital captivity (Rapporleur: Ms Margreet De Boer, Netherlands, SOC): heard a communication by the rapporteur; Sexual violence and conflict (Rapporleur: Ms Petra Bayr, Austria, SOC): considered an introductory memorandum; Sexual and reproductive health and rights (Rapporleur: Ms Petra Stienen, Netherlands, ALOE): considered an information memorandum and authorised the rapporteur to conduct a fact-finding visit to Spain (subject to the availability of funds); The role of men and boys in stopping gender-based violence (Rapporleur: Ms Petra Stienen, ALOE, Netherlands): authorised the rapporteur to conduct a fact-finding visit to Spain (subject to the availability of funds); Developing mechanisms and concrete means to detect crimes of sexual violence of armed conflict and support the rehabilitation of survivors: held a joint hearing with the Parliamentary Network Women Free from Violence, with the participation of: Ms Dunja Mijatovic, Council of Europe Commissioner for Human Rights; Ms Kateryna Pavlichenko, Deputy Minister of Interior of Ukraine (online); - Ms Adrijana Hanusic Becirovic, Senior Legal Adviser, TRIAL International, Sarajevo, Bosnia and Herzegovina; Next meetings: confirmed Its next meetings as follows: Paris, 16 September 2022; Strasbourg, during the fourth part-session 2022 of the Assembly (1 0 to 14 October 2022); Paris, 1 December 2022.
Penelope Denu, Sarah Burton, Giorgio Loddo, Elodie Fischer, Selene Falk AS/Ega (2022) CB 05 Copy to: Secretary General of the Parliamentary Assembly Directors and all staff of the Secretariat of the Parliamentary Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of obseiVer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 3 t Parliamentary Assembly Assembl.ee parlementaire ~~ - =;;;., ....
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!llllll_llllll_llllll __ llllll_llllllllllllllllllllllll_____ CONSEIL DE rEUROPE SECRETARIAT AS/Mig (2022) CB 06 27 June 2022 To the members of the Committee on Migration, Refugees and Displaced Persons Synopsis of the meetings held in Strasbourg on 20-23 June 2022 The Sub-Committee on Migrant Smuggling and Trafficking in Human Beings, meeting in Strasbourg with Ms Diana Stoica (Romania, ALOE), Chairperson, in the Chair: • on Monday 20 June 2022 from 2:00 pm to 2:45 pm, as regards: the World Refugee Day 2022: held an exchange of views with the participation of Ms Diane Schmitt, Anti-Trafficking Coordinator, European Commission and Ms Leyla Kayacik, Special Representative of the Secretary General of the Council of Europe on Migration and Refugees; Date and place of the next meeting: during the fourth part-session (to be confirmed) .
••• The Sub-Committee on Refugee and Migrant Children and Young People, meeting in Strasbourg, with Lord Leslie Griffits (United Kingdom, SOC), oldest member present, in the Chair: • on Monday 20 June 2022 from 2:45 pm to 3:00 pm, as regards: Election of the Bureau of the Sub-Committee: elected by acclamation, Mr lonu\-Marian Stroe (Romania, EPP/CD), Chairperson and decided to postpone the election of the Vice-Chairperson in the absence of candidates; Date and place of the next meeting: during the fourth part-session (to be confirmed) .
The Committee on Migration, Refugees and Displaced Persons, meeting in Strasbourg, with Mr Theodoros Rousopoulos (Greece, EPP/CD), Chairperson, and Mr Paul Gavan (Ireland, UEL), First Vice-Chairperson, in the Chair: • on Tuesday 21 June 2022, from 8:30 am to 10:00 am, as regards: Humanitarian consequences and internal and external migration in connection with the aggression of the Russian Federation against Ukraine (Rapporteur: Mr Pierre-Aiain Fridez, Switzerland, SOC): considered and unanimously approved addendum containing one amendment proposed by the rapporteur, tabled on behalf of the Committee; Pushbacks on land and sea: illegal measures of migration management (Rapporteur: Mr Pierre Aiain Fridez, Switzerland, SOC): considered a draft report and adopted unanimously a draft resolution, as amended; I ~ AS/Mig (2022) CB 06 ... , Safe third countries for asylum seekers (Rapporteur: Ms stephanie Krlsper, Austria, ALOE): considered a draft report and unanimously adopted a draft resolution and a draft recommendation; New UK legislation threatens the 1951 Refugee Convention: considered and approved a declaration on behalf of the Committee; World Forum for Democracy (Strasbourg, 7-9 November 2022): appointed Mr Theodoros Rousopoulos, Mr Pierre-Aiain Fridez and Mr Oleksii Goncharenko to the ad hoc committee of the Bureau of the Assembly to participate in the World Forum for Democracy, which will take place in Strasbourg from 7 to 9 November 2022 (at no cost to the Assembly).
• on Wednesday, 22 June 2022, from 2:00 pm to 3:30 pm, as regards: Humanitarian consequences and internal and external migration in connection with the aggression of the Russian Federation against Ukraine (Rapporteur: Mr Pierre-Aiain Fridez, Switzerland, SOC): took position on 13 amendments and 1 sub-amendment tabled to the draft Resolution; Protection and alternative care for unaccompanied and separated migrant and refugee children (Rapporteur: Ms Mariia Mezentseva, Ukraine, EPP/CD): took position on 7 amendments tabled to the draft Resolution; • on Thursday, 23 June 2022, from 2:00 pm to 3:30 pm, as regards: Precarious status of cross-border and seasonal workers in Europe (Rapporteur: Ms Diana Stoica, Romania, ALOE): considered a draft outline and agreed to change the title as follows: "Precarious and irregular work situations of migrants and cross-border workers"; and authorised the rapporteur to carry out a fact-finding visit to Sicily, Italy, in the framework of the preparation of her report (subject to the availability of funds); Open discussion on current issues: • Priorities of the Sub-Committee on Diaspora and Integration: heard a presentation by Mr Paulo Pisco (Portugal, SOC); Work programme: appointment of rapporteurs: following a secret vote, elected Mr Julian Pahlke (Germany, SOC) as Rapporteur on "Missing migrants, refugees and asylum seekers - a call to clarify their fate" and heard his declaration of absence of conflict of interest; Other business: authorised: • Lord Alexander Dundee (United Kingdom, EC/DA), Rapporteur on "European solidarity in the migration and asylum context" to carry out a fact-finding visit to Poland, at no cost to the Assembly, in addition to the already authorised visit to Berlin, Germany, in the framework of the preparation of his report; • Mr Domagoj Hajdukovic (Croatia, SOC), Rapporteur on "Integration of migrants and refugees: benefits for all parties involved" to carry out a fact-finding visit to Bergen, Norway, in the framework of the preparation of his report (subject to the availability of funds).
Next meetings: confirmed its next meetings as follows: • Athens, Sunday-Monday 18-19 September 2022 o • Strasbourg, During 4th part session, from 10 to 14 October 2022 Paris, Wednesday 7 December 2022 Tatiana Termacic, Rudiger Dassow, Angela Garabagiu 2 AS/Mig (2022) CB 06 cc: Secretary General of the Assembly Directors and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 3 Parliamentary Assembly Assemblee parlementaire 0%-'-~ =- ~ /././.,./_./ ===-.....-dillliiiXtlm/limiml~------------------ CONSEil DE I: EUROPE SECRETARIAT ASIJur (2021) CB 06 27 June 2022 To the members of the Committee on Legal Affairs and Human Rights Synopsis of the meeting held in in Strasbourg on 20, 21 and 23 June The Committee on Legal Affairs and Human Rights, in Strasbourg on 20, 21 and 23 June 2022: • on Monday 20 June 2022 at 2pm, with Mr Damien Cottier (Switzerland, ALOE) in the Chair, as regards: Review of the partnership for democracy in respect of the Parliament of the Kyrgyz Republic (Rapporteur for opinion: Mr Serhii Kalchenko, Ukraine, ECIDA; Rapporteur for the Committee on Political Affairs and Democracy: Mr Jacques Maire, France, ALOE): considered and unanimously approved the Committee's opinion, including nine amendments to the draft resolution; Appointment of a Rapporteur for opinion: Child abuse in Europe: addressing, compensation and prevention (Rapporteur for the Committee on Social Affairs, Health and Sustainable, Development: Mr Pierre-Aiain Fridez (Switzerland, SOC): appointed Ms Margreet De Boer (Netherlands, SOC) and heard from her a declaration of no conflict of interest; World
 Forum for Democracy: proposed the following members to the ad hoc committee of the Bureau attending the World Forum on Democracy on 7-9 November 2022 in Strasbourg: Mr Ziya Altunyaldiz, TUrkiye, NR Mr Damien Cottier Switzerland, ALOE Mr Oleksii Goncharenko', Ukraine, EC/DA Mr Davor lvo Stier, Croatia, EPP/CD Participation of members in conferences, meetings, seminars etc: heard reports by the following representatives concerning events below which they recently attended: • Conference on freedom of political speech, 28-29 April 2022, Lausanne, Switzerland: participation of the Rapporteur for follow-up to Assembly Resolution 2381 (2021 ), Mr Boriss Cilevics (Latvia, SOC); • Colloquy on "International Law, Europe and Switzerland", 20 May 2022, Neuchatel, Switzerland: Mr Damian Cottier (Switzerland, ALOE); • 91st plenary meeting of GRECO, 13-17 June 2022: Mr Titus Corlatean (Romania, SOC); 1 It was later decided that Mr Goncharenko would represent the Committee on Migration, Refugees and Displaced Persons.
r. • 73rd meeting of the Council for Democratic Elections (of the Venice Commission), 16 June 2022 : Mr Davor lvo Stier (Croatia, EPP/CD); • 131st plenary session of the European Commission for Democracy through Law (Venice Commission), 17-18 June 2022 : Mr Constantinos Efstathiou (Cyprus, SOC) .
Hearings during the next meetings: agreed to hold a hearing at the next meeting on the Emergence of lethal autonomous weapons systems (LAWS) and their necessary apprehension through European human rights law (Rapporteur: Mr Damien Cottier, Switzerland, ALDEJ2 with experts, subject to the availability of funds, and that it be open to the public.
Also agreed to open the following hearings scheduled for the same meeting to the public: Pegasus and similar spyware and secret state surveillance (Rapporteur: Mr Pieter Omtzigt, Netherlands, EPP/CD) European Convention on Human Rights and national constitutions (Rapporteur: Mr George Katrougalos, Greece, UEL}, The impact of the Covid-19 pandemic on prison population in Europe (Rapporteur: Mr Givi Mikanadze, Georgia, SOC).
Other business: - Extension of the geographical scope of the terms of reference of general rapporteurs: noted the potential need to extend the geographical scope of the terms of reference of the mandates of general rapporteurs, in particular those on the abolition of the death penalty and on the situation of human rights defenders in Council of Europe member States, following the exclusion of the Russian Federation from the Council of Europe in order to cover a European non-member State that has neither observer nor partner for democracy status and decided to return to this issue at a future meeting following coordination with other committees confronted with the same issue; - Next meetings: noted the registration deadline of 3 July 2022 for the next meeting to be held in Switzerland (Bern and Neuch~tel, 5-6 September 2022); • on Tuesday 21 June 2022 at 2pm, as regards: Other business: owing to the resignation of two rapporteurs, agreed to appoint two new rapporteurs at the next meeting in order to maintain deadlines for the reports; Reported cases of political prisoners in the Russian Federation (Rapporteur: Ms Thorhildur Sunna JEvarsd6ttir, Iceland, SOC): took position on six amendments to the draft resolution and one amendment to the draft recommendation; Should politicians be prosecuted for statements made in the exercise of their mandate?
: follow-up to Resolution 2381 (2021 ): considered the follow-up report prepared by rapporteur for follow-up, Mr Boriss Cilevics (Latvia, SOC) , and agreed to declassify it.
Took note that a dissenting opinion would be submitted by members of the Spanish delegation; The continuing need to restore human rights and the rule of law in the North Caucasus region (Rapporteur: Mr Frank Schwabe, Germany, SOC): took position on one amendment to the draft resolution; • on Thursday 23 June 2022 at 8.30am, as regards: Ensuring accountability for the downing of flight MH 17: Rapporteur: Mr Titus Corlatean, (Romania, SOC): took position on five amendments to the draft resolution ; 2 On 23 June 2022, the Committee appointed Mr Cottier to replace Mr Fabien Gouttefarde (France, ALOE), who resigned as Rapporteur.
2 Appomtmentofrapporteurs: The impact of the Covid-19 restrictions for civil society space and activities: following the resignation of Ms Alexandra Louis (France, ALOE) as rapporteur, appointed Ms Margreet De Boer (Netherlands, SOC) and heard from her a declaration of no conflict of interest; Emergence of lethal autonomous weapons systems (LAWS) and their necessary apprehension through European human rights law: following the resignation of Mr Fabien Gouttefarde (France, ALOE) as rapporteur, appointed Mr Damien Cotter (Switzerland, ALOE) and heard from him a declaration of no conflict of interest; Call for candidates for Rapporteur for opinion: Countering SLAPPs: an imperative for the democratic society (Doc.
15419): following the resignation of Ms Alexandra Louis (France, ALOE) as rapporteur, made a call for candidates for a new rapporteur; Rapporteur for the Committee on Culture, Science, Education and Media: Mr Stefan Schennach (Austria, SOC).
Called for candidates to notify their interest to the secretariat before the next meeting (candidature already noted: Mr Davor lvo Stier, Croatia, EPP/CD); Addressing the issue of Daesh foreign fighters and their families returning from Syria and other countries to the member States of the Council of Europe (Rapporteur: Mr Pieter Omtzigt, Netherlands, EPP!CD): in the absence of the rapporteur considered a draft report and unanimously adopted a draft resolution and a draft recommendation ; Misuse of the Schengen system by Council of Europe member States as a politically motivated sanction (Rapporteur: Mr Ziya Altunyaldiz, TOrkiye, NR): considered a draft report and unanimously adopted a draft resolution, and agreed to change the title of the report to "Misuse of the Schengen Information system by Council of Europe member States as a politically motivated sanction", Other business - Sub-committees: agreed to the following requests made by the Portuguese delegation: Sub-Committee on Human Rights: Ms Catarina Rocha Ferreira (EPP/CD) to replace Mr Pedro Bacelar de Vasconcelos (SOC); Sub-Committee on Artificial Intelligence and Human Rights: Ms Catarina Rocha Ferreira (EPP/CD) proposed as a new titular member.
Sub-Committee on the implementation of judgments of the European Court of Human Rights : Ms Isabel Moreira (SOC) to be added to the waiting list and to be given priority as soon as a seat becomes available; • on Thursday 23 June 2022 at 2pm, as regards: The impact of the Covid-19 restrictions for civil society space and activities (Rapporteur: Ms Margreet De Boer, Netherlands, SOC): in the absence of the rapporteur, held a hearing with the participation of: Mr Filip Pazderski, Head of the Democracy and Civil Society Programme/Analyst Institute of Public Affairs, Warsaw, Poland Mr Jeremy McBride, barrister, President of the Expert Council on NGO Law, Conference of INGOs, Council of Europe Next meetings: Plenary Committee 3 5 and 6 September in Bern and Neuchatel during the Assembly's 4th part-session of 2022 (1 0-14 October 2022) 14 November 2022, t.b.c.
12 December 2022, t.b.c.
Gunter Schirmer, Guillem Cano-Palomares, Agnieszka Szklanna, YevaSushko Copy to: Secretary General of the Assembly Directors and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 4 t Parliamentary Assembly Assembh~e parlementaire BUREAU OF THE ASSEMBLY ~~D, .
~~~==~ ASIBuriCB (2022) 10 20 June 2022 To the Members of the Assembly Synopsis of the meeting held in Strasbourg on Monday 20 June 2022 The Bureau of the Assembly, meeting on Monday, 20 June 2022, in Strasbourg, with Mr Tiny Kox, President of the Parliamentary Assembly, in the Chair, as regards: • • • Communications: took note of the communications by the President of the Assembly, the Secretary General and the Deputy Secretary General of the Council of Europe, and held an exchange of views with the Secretary General of the Council of Europe; Follow-up to the Standing Committee (31 May 2022): took note of the follow-up given to the Standing Committee; Third part-session of 2022 (Strasbourg, 20·24 June): i.
Requests for current affairs debates: took note: of the request tabled by the EC/DA group, to hold a current affairs debate on "Consequences of the blockade of the Black Sea" and decided to recommend to the Assembly not to hold this debate; of the request tabled by the SOC group, to hold a current affairs debate on "United Kingdom agreement on asylum seekers and the critical government reaction regarding the ECHR decision", decided to recommend to the Assembly to hold this debate and appointed Mr Frank Schwabe (Germany, SOC) as the first speaker of this debate; of the request tabled by the EPP/CD group, to hold a current affairs debate on "Tiirkiye's aggressive behaviour and the threat of revisionism for European stability'', decided to recommend to the Assembly to hold this debate and appointed Mr Theodoros Rousopoulos (Greece, EPP/CD) as the first speaker of this debate; ii.
Draft agenda: updated the draft agenda; iii.

Election of a judge to the European Court of Human Rights in respect of Iceland: took note of the report drawn up by the Committee on the Election of Judges to the European Court of Human Rights following interviews with candidates for the post of a judge in respect of Iceland; took also note of the interruption of this procedure following the withdrawal of two of the candidates from the list.
The Icelandic government was invited to complete this list by submitting two new candidatures; • Election observations: General elections in Bosnia and Herzegovina (2 October 2022}: subject to receiving an invitation, decided to observe these elections and to set up an ad hoc committee composed of 20 members (SOC-6 ; EPP/CD-6 ; EC/DA-4; ALDE-3 ; UEL-1 ), as well as the two co-rapporteurs of the monitoring committee, and to conduct a pre-electoral mission; AS/Bur/CB (2022) 10 ,.
• • • • References and transmissions to committees: considered and approved the references and transmissions as set out in Appendix 1, subject to ratification by the Assembly through the Progress report; Progress report of the Bureau of the Assembly and of the Standing Committee {24 April-19 June 2022), Rapporteur: Mr Aleksander Pociej (Poland,EPP/CD): approved the Progress report; Composition of the Monitoring Committee: on the basis of a proposal by the EC/DA group, appointed Lord James Wharton (United Kingdom) as a member; Dates and places of next meetings: Friday 24 June 2022, 8.30 am (part-session) Monday 12 September 2022, 9.00 am, Paris.
lsild Heurtin, Kateryna Gayevska Copy to: Secretary General of the Assembly Directors and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of obseiVer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 2 Appendix 1 - References and transmissions to committees AS/Bur/CB (2022) 10 Doc.
15513, Motion for a resolution, Safeguarding future rights for future generations: reference to the Committee on Social Affairs, Health and Sustainable Development for report Doc.

15514, Motion for a resolution, Arbitrary arrest of Russian human rights defender and freedom fighter Vladimir Kara-Murza: reference to the Committee on Legal Affairs and Human Rights for report Doc.
15515, Motion for a resolution, Analysis and guidelines for a sustainable and socially fair energy transition: reference to the Committee on Social Affairs, Health and Sustainable Development for report Doc.

15517, Motion for a resolution, Strengthening palliative care for children: reference to the Committee on Social Affairs, Health and Sustainable Development for report Doc.
15518, Motion for a resolution, Increasing members' active participation in and contribution to the work of the Parliamentary Assembly and its committees: reference to the Committee on Rules of Procedure, Immunities and Institutional Affairs for report Doc.
15519, Motion for a resolution, Humanitarian catastrophe created during the Russian army invasion of Ukraine: reference to the Committee on Legal Affairs and Human Rights to be taken into account in the framework of the report on "Legal and human rights aspects of the Russian Federation's aggression against Ukraine" Doc.

15523, Motion for a resolution, The right to freedom of information: ensuring access to historical documents: reference to the Committee on Legal Affairs and Human Rights for report Doc.
15531, Motion for a resolution, Preventing and combating violence against women with disabilities: reference to the Committee on Equality and Non-Discrimination for report 3 t Parliamentary Assembly Assemblee parlementaire ~~ ~f?/)~/ ~ ~.-.• .armnm/~W BUREAU OF THE ASSEMBLY ~~..................................... ~~~~~~ AS/Bur/CB (2022) 11 27 June 2022 To the Members of the Assembly Synopsis of the meeting held in Strasbourg on Friday 24 June 2022 The Bureau of the Assembly, meeting on Friday, 24 June 2022, in Strasbourg, with Mr Tiny Kox, President of the Parliamentary Assembly, in the Chair, as regards: • • • • • • Communication: took note of the statement by the President of the Assembly; Third part-session of 2022 (Strasbourg, 20-24 June): approved the follow-up proposals made by the Secretary General of the Assembly to texts adopted by the Assembly, as set out in Appendix 1; Fourth part-session of 2022 (Strasbourg, 10-14 October): held an exchange of views on the Fourth part-session of 2022 ; Assembly contribution to a fourth Council of Europe Summit: decided to set up an ad hoc Committee to contribute to the report on A fourth Summit foro renewed, improved and reinforced Council af Europe, being prepared by the Committee on Political Affairs and Democracy, and approved its terms of reference, as set out in Appendix 2; Enhancing intra-Institutional interaction between the Parliamentary Assembly and· the Committee of Ministers: clarifying applicable Assembly guidelines relating to written questions to the Committee of Ministers: considered the proposals in the memorandum prepared by the Secretary General of the Assembly, decided to declassify it, agreed to amend the Additional provisions relating to Assembly debates (as approved by the Bureau on 25 March 2002 and 17 December 2007), and decided to seize the Committee on Rules of Procedure, Immunities and Institutional Affairs to consider the possibility of making changes to the Rules of Procedures of the Assembly, as appropriate; 2022 World Forum for Democracy
 (Strasbourg, 7-9 November): took note of the list of members of the ad hoc committee and appointed the President of the Assembly as its chairperson (Appendix 3) ; AS/Bur/CB (2022) 11 ' .... • Election observation: i. Bosnia and Herzegovina: General elections: decided to revise the composition of the ad hoc Committee to observe these elections (21 members (SOC-6; EPP/CD-6; EC/DA-4; ALDE-3; UEL-1; NR-1 ), as well as the two co-rapporteurs of the monitoring committee), took note of the list of members of the ad hoc committee and appointed Mr Stefan Schennach (Austria, SOC) as its Chairperson (Appendix 4) References and transmissions to committees: approved the references and transmissions as set out in Appendix 5, subject to the ratification by the Assembly; Issues raised by committees: i.
Committee on Social Affairs, Health and Sustainable Development: took note of the letter by the Committee on Social Affairs, Health and Sustainable Development and approved the terms of reference of a "General Rapporteur on child participation"; ii.
Committee on Culture, Science, Education and Media: took note of the letter by the Chairperson of the Committee on Culture, Science, Education and Media and decided to set up an ad hoc committee of the Bureau to participate in the 17th Council of Europe Conference of Ministers responsible for Sports; iii.
Committee on Social Affairs, Health and Sustainable Development: authorised Mr Rik Daems (Belgium, ALOE), Chairperson of the Network of Contact Parliamentarians for a healthy environment, to represent the Assembly at the United Nations Climate Change Conference (COP27), which will take place in November 2022 in Egypt (subject to the availability of funds); Progress report of the Bureau of the Assembly and the Standing Committee (24 June - 9 October 2022): appointed Selin SAYEK BOKE (TOrkiye, SOC) as rapporteur; Meetings elsewhere than Strasbourg or Paris: authorised the Committee on Social Affairs, Health and Sustainable Development to meet in lzmir (TOrkiye), on 22-23 September 2022; Composition of the Committee on the election of judges to the European Court of Human Rights: on the basis of a proposal by the EC/DA group, appointed Mr Kamal Jafarov (Azerbaijan) and Lord Richard Keen (United-Kingdom) as members; Composition of the Monitoring Committee: on the basis of a proposal by the EPP/CD group, appointed Mr Lorinc Nacsa (Hungary) as a member; Dates and places of next meetings: Monday 12 September 2022, 9.00 am, Paris Monday 10 October 2022, 8.00 am, (part-session), Strasbourg • • • • • • • 2 AS/Bur/CB (2022) 11 ***** The Ad Hoc Committee of the Bureau on the 4th Summit of Heads of State and Government of the Council of Europe, meeting in Strasbourg on 24 June April 2022, with Mr Tiny Kox, President of the Parliamentary Assembly, in the Chair, as regards: Timetable and working methods: held a first informal exchange of views; Next meeting: left it to lhe President to propose the date and place of the next meeting.
lsild Heurtin Copy to: Secretary General of the Assembly Directors and all staff of the Secretariat of the Assembly Secretaries of National Delegations and of Political Groups of the Assembly Secretaries of observer and partner for democracy delegations Secretary General of the Congress Secretary to the Committee of Ministers Directors General Director of the Private Office of the Secretary General of the Council of Europe Director of the Office of the Commissioner for Human Rights Director of Communication Permanent Representations to the Council of Europe 3 ASIBuriCB (2022) 11 Appendix 1 -Follow-up to the 2022 third part-session (Strasbourg, 20-24 June) Current affairs debate on UK Agreement on asylum seekers and the critical government reaction regarding the ECHR decision ¢ Decided to seize the Committee on Legal Affairs and Human Rights for report on UK reform of its human rights legislation: consequences for domestic and European Human Rights protection Current affairs debate on Consequences of the blockade of the Black Sea ¢ Decided to seize the Committee on Political Affairs and Democracy on this issue to be taken into account in the preparation of its report on Political consequences of the Russian Federation's aggression against Ukraine 4 Appendix 2- Terms of reference of the ad hoc of the Bureau on the 41 State and Government of the Council of Europe h Summit of Heads of AS/Bur/C B (2022) 11 t Parliamentary Assembly Assemblee parlementaire ~ ///././ ~~ ~Jm'mll~ml!
!l!mc::=================-­ AS/Bur (2022) 39 23 June2022 Bureau of the Assembly Ad Hoc Committee of the Bureau on the 4th Summit of Heads of State and Government of the Council of Europej The Bureau of the Assembly decides, subject to ratification by the Assembly through its Progress Report, under Article 44.4.c.
otthe Rules of Procedure, to set up an ad lloc Committee of the Bureau on the 4LT1 Summit of Heads of State and Government of the Council of Europe, with the following terms of reference, composition and timetable.

1.
Tern1s of reference tbe Assembly reiterated In Recommendation 2228{2022}, its support for the organisation of a 481 Summit of Heads of State and Government of Council of Europe to reaftirn11he values of democracy, human tights and the rule of law and elaborate a new vision for the Organisation in lhe context of the European multilateral architecture, an idea launched in Resolution 2186 (2017) and Recommendation 2113 (2017) and further elaborated, inter alia, in Resolution 22n (2019), Recommendation 2153(2019); Resolution 2369(2021) and Recommendation 2199(2021 ).
At the 132"" Session of the Committee of M;nisters, held in Turin {Italy), on 20 May 2022, the Committee of Ministers "invited the Secretar)' General to set up a Higll~Level Refledion Group to consider Council of Europe's responses to new realties and challenges and to start reporting to (the Ministers' Deputies} at the earliest opportunity and no later lhan the handover meeting between the Irish and Icelandic Chainnanships· and decided "to consider the desirability of a 41r1 Summit of Heads of State and Government of the Council of Europe· .
Against this background, t he Bureau decides to set up an ad hoc Committee to contribute to the report o n "A fourth Summirlor a renewed, improved and reinforced Council of Europe", being ,prepared by the Committee on Politi<:al Affairs and Oemocracy, in particular by interacting with the Higtrlevel Reflection Group and providing the Assembly's input into the refjectJon; contributing to lhe preparation of the 4m Summit, in particular as regards its agenda and possible deliverables; As and when appropriate, lhe ad hoc Committee will ensure the Assembl'/s representation at the 4111 Summit of Heads of state and Government of the Counal of Europe.
2.
Composition In an inclusive approach, the ad hoc Committee will be composed ot the President of the Assembly; Presidents of all Assembly's Pofitical Groups or, in their absence their representative for the group concerned; the Chairpersons ofthe Assembly's general committees listed in Rule 44.1 of the Rules of Procedure or, in their absence a vice-chairperson for the committee concerned; 5 AS/Bur/CB (2022) 11 AS/Bur (2022) 39 Chairpersons of the delegations holding the current and the immediate next Presidency of the Committee of Ministers (Ireland and Iceland); the Rapporteur of the Committee on Political Affairs and Democracy on ':<\ fourth Summit for a renewed, improved and reinforced Council of Europe".
3.

Timetable The ad hoc Committee Is expected to report back to the Bureau during the October 2022 part-session of the Assembly, but its timetable will be regularly reviewed and adjusted, as necessary.

6 Appendix 3 - list of members 2022 World Forum for Democracy AS/Bur/CB (2022) 11 t Parliamentary Assembly Assemblee parlementaire ~ .., ;;.

;/./././,/ ~ ..-...r.utl/l!miil!ll'l!l!
!mDJ:::=========================-.J Bureau of the Assembly Bureau de I' Assemblee 23June 2022 Ad Hoc Committee to participate in tihe World Forum for Demo,cracy on 7-9 November 2022 in Strasbourg Commission ad hoc pour part:iciper au Forum mondial de fa democratie du 7 au 9 novembre 2022 a Strasbourg UST O:F MEMBERS / l.ISTE DES MEMBRES Chairperson t President Mr Tiny KOX - President of the Partiamentary Assembly I President de l'AssembiE!e paJ1ementaire Committee on Political Affairs and Democracy 1 Commission des queslions poliliques er de la democrarie Mr I M. Mehmet Mehdi EKER ~iirkiye, NR I Tlirkiye, Nl ) Mr I M. George PAPANOREOU (Greeoe, SOC I Grete, SOC) Mr I M. George KATROUGALOS (Greece, UEL I Greoe, GUE) Committee on Le.gal Affairs and Human Rights J Commission des ques-cions jurldiques er des droirs del'l1omme Mr I M. Oamien COTTIER (Switzerland, AlOE I SUisse, AOLE) Mr I M. Davor lvo STIER (Croatia, EPPIOD I Croatie, PPEIDC) Mr I M. aya Al TUNYALDIZ (Triirkiye, NR/Tfirkiye, Nl) Cotnmittee on the HonourJng of Obligations and Commitments lly Member States of the Council of Erlllrope (Monitoring Committee) I Commissiofl pour 1e respecr des ohiigarions ez engagemems des Emrs membres du Conseil de I'Europe (Commission de saivi) Committee on Socia1 Affairs, Healtlil and Sustainallle Development !
Commission des queslions sociales, de Ia sanle er du developpeme1n durable Ms J 'Mme Selin SAYEK BOKE (Tfirkiye, SOC I Tfirl<ilfe, SOC) Ms I Mme Emin Nur GUNA Y (Tfirkiye, NR f Tfir1<iye, Nl} Mr I M. Armen GEVORGYAN (Armenia, EPPICO I Annenie, PPEIDC) 7 AS/Bur/CB (2022) 11 Committee on Culture, Science, E:ducatlon and Media I Commission de Ia culture, de Ia science, de /'education et des medias Mr I M. Constantlnos EFSTATHIOU (Cyprus, SOC I Chypre, SOC) Mr I M. Rafael HUSEYNOV (Azerbaijan, ALOE I Azerbaldjan, ADLE) Mr I M. Roberto RAMP!
(Italy, SOC /ltalie, SOC) Ms I Mme Linda Hofstad HELLE LAND (Norway, EPPICD I Norvege, PPEIDC) Committee on Equality and Non-Discrimination I Commission sur l'egallte et sur Ia non· discrimination Mr I M. Jean-Pierre GRIN (Switzerland, ALOE I Suisse, ADLE) Mr I M. Zita GURMAI (Hungary, SOC I Hongrle, SOC) Committee on Migration, Refugees and Displaced Persons I Commission des migrations, des retugles et des personnes deplacees Mr I M. Plerre-Aiain FRIDEZ (Switzerland, SOC I Suisse, SOC) Mr I M. Oleksii GONCHARENKO (Ukraine, EC/DA I Ukraine, CEIAD) Mr I M. Theodoros ROUSOPOULOS (Greece, EPPICD I Grace, PPEIDC) Committee on Rules of Procedure, Immunities and Institutional Affairs I Commission du Reglemenr, des immunlles et des affalres lnstltutlonnel/es Ms/ Mme lngjerd SCHOU (Norway, EPPICD I I Norvege, PPE/DC) I II II I I 8 Appendix 4- List of members ad hoc Committee for the observation of the general elections in Bosnia and Herzegovina (2 October 2022) AS/Bur/CB (2022) 11 AD HOC COMMITTEE FOR THE OBSERVATION OF THE GENERAL ELECTIONS IN BOSNIA AND HERZEGOVINA 2 October I octobre 2022 COMMISSION AD HOC POUR L'OBSERVATION DES ELECTIONS GENERALES EN BOSNIE-HERZEGOVINE List of members I Liste des membres Chairperson I President.e: Socialists , Democrats and Greens Group I Groupe des socialistes, democrates et verts (SOC) Mr I M. Stefan SCHENNACH, Austria I Autriche* Ms I Mme Edite ESTRELA, Portugal Ms I Mme Margreet DE BOER, Netherlands I Pays-Bas Mr I M. Didier MARIE, France Mr I M. Tony LLOYD, United Kingdom I Royaume-Uni Ms I Mme Tabea ROSSNER, Germany I Allemagne Substitutes I suppleant.e.s Mr I M. Darko KAEVSKI, North Macedonia I Macedoine du Nord Mr I M. Axel SCHAFER, Germany I Allemagne** Mr I M. Christian PETRY, Germany I Allemagne Ms I Mme Marina BERLINGHIERI, Italy /ltalie Ms I Mme Heike ENGELHARDT, Germany I Allemagne Mr I M. Antonio GUTIERREZ LIMONES, Spain I Espagne Mr I M. Givi MIKANADZE, Georgia I Georgie Mr I M. Yunus EMRE, TOrkiye Mr I M. Pierre-Aiain FRIDEZ, Switzerland I Suisse Mr I M. Gerardo
 GIOVAGNOLI, San Marino, Saint-Marin Mr I M. Predrag SEKULIC, Montenegro I Montenegro Mr I M. Andre VALLINI, France Ms I Mme Th6rhildur Sunna JEVARSD6TTIR, Iceland, lslande Group of the European People's Party (EPPICD) I Groupe du Parti populaire europeen (PPE/DC) Mr I M. Corneliu-Mugurel COZMANCIUC, Romania I Roumanie Mr I M. Reinhold LOP ATKA, Austria I Autriche Mr I M. Aleksander POCIEJ, Poland I Pologne Ms I Mme Calia POLIDORI, Italy /Italy Mr I M. Davor lvo STIER, Croatia I Croatie* Ms I Mme Anne-Mari VIROLAINEN, Finland I Finlande 9 ASIBuriCB (2022) 11 Substitutes I supp/eant.e.s Ms I Mme Boriana ABERG, Sweden I Suede Mr I M. Larine NACSA, Hungary I Hongrie Ms I Mme Sylvie GOY-CHAVENT, France'* Mr I M. Christian KLINGER, France Mr I M. Joe O'REILLY, Ireland llrlande Ms I Mme Maria RIZZOTTI, Italy lltalie Mr I M. Francesco SCOMA, Italy lltalle Mr I M. Krzysztof TRUSKOLASKI, Poland I Pologne European Conservatives Group and Democratic Alliance (EC-DA) I Groupe des Conservateurs europeens et Alliance democratique (CE-AD) Lord Simon RUSSELL, United Kingdom I Royaume-Uni* Mr I M. Oleksii GONCHARENKO, Ukraine Lord Richard KEEN, United Kingdom I Royaume-Uni Mr I M. Arkadiusz MULARCZYK, Poland I Pologne Substitutes I suppleant.e.s Mr I M. Alberto RIBOLLA, Italy I Ita lie Mr I M. John HOWELL, United Kingdom I Royaume-Uni Alliance of Liberals and Democrats for Europe (ALOE) I Alliance des democrates et des liberaux pour I'Europe (ADLE) Mr I M. Claude KERN, France' Mr I M Arminas L YDEKA, Lithuania I Lituanie Ms I Mme Yuliia OVCHYNNYKOVA, Ukraine Substitutes I suppleant.e.s Mr I M. Jean-Pierre GRIN, Switzerland I Suisse Ms I Mme Diana STOICA, Romania I Roumanie Ms I Mme Nicole DURANTON, France Mr I M. Jacques LE NAY, France Group of the Unified European Left (UEL) I Groupe pour Ia gauche unitaire europeenne (GUE) Mr I M. Anton GOMEZ-REI NO, Spain I Espagne' Substitutes I suppleant.e.s Mr I M. Andrej HUNKO, Germany I Allemagne•• Mr I M. Hi~yar llZSOY, Tiirkiye' Members not
 belonging to a Political Group (NR) /Membres n'appartenant a aucun groupe politique (NI) Mr I M. Ahmet YILDIZ, Tiirkiye Co-rapporteur.e.s ASIMON (ex officio) Ms I Mme Ekaterina ZAHARIEVA, Bulgaria I Bulgarie •• ••• Mr I M. Zsolt NEMETH, Hungary I Hongrie '* Venice Commission I Commission de Venise • members of the pre-election delegation I membres de Ia delegation preelectorale •• declaration of interests missing I declaration d'lnterets manquante **' no PACE declaration for 2022 I pas de declaration APCE 2022 10 AS/Bur/CB (2022) 11 Appendix 5 - References and transmissions to committees A.
REFERENCE TO A COMMITTEE Doc.

15521.

Motion for a resolution, Threats to life and safety of journalists and human rights defenders in Azerbaijan: reference to the Committee on Legal Affairs and Human Rights for report and to the Committee on Culture, Science, Education and Media for opinion B.

REQUEST FOR AN EXTENSION OF REFERENCE Doc.


14942, Reference 4468 of 30 September 2019 (extended on 7 May 2020 and 1 February 2021) validity: 30 September 2022, Assessing the functioning of the partnership for democracy: extension until 30 September 2023.
11 t Parliamentary Assembly Assemblee parlementaire --~ ~,;;_;:'/ //./,/_..././ ==~ ~~~mm ...................................... .. AS/Mon (2022) OJ 06 3 June 2022 amonoj06_2022 Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Draft agenda of the meeting to be held in camera in STRASBOURG on: -Tuesday 21 June 2022, from 8.30 am to 10.00 am (room ... ) -Wednesday 22 June 2022, from 2.00 pm to 3.30 pm (room ... ) -Thursday 23 June 2022, from 2.00 pm to 3.30 pm (room ... ) Tuesday 21 June 2022 from 8.30 am to 10.00 am 1.
2.

Draft agenda [AS/Man (2022) OJ 06] Adoption of the draft agenda Draft minutes [AS/Man (2022) PV 05] Approval of the draft minutes of the meeting held on 24 May 2022 This draft agenda, addressed to members of the Committee, is the convocation to the meeting.
It also constitutes the invitations foreseen in Resolution 1115 (1997), paragraph 10.1 Copy to Secretaries of national delegations and of political groups Meeting documents are published on the Parliamentary Assembly extranet website (restricted area for national delegations): http://assembly.coe.inUextranet.
1 Resolution 1115, paragraph 10: "When a monitoring procedure is initiated, two members of the parliamentary delegation of the member state concerned (to represent the governing majority and the opposition) shall be invited to take part, without the right to vote, in the relevant debates of the committee unless one or both are already represented on the committee.
By analogy with Rule 6, paragraph 8, no member of the parliamentary delegation of the member state concerned shall participate in a vote on any question concerning this state."

3.

4.

5.

6.

7.
AS/Mon (2022) OJ 06 The honouring of membership obligations to the Council of Europe by Romania Co-rapporteurs: Ms Edite Estrela, Portugal, SOC and Ms Krista Baumane, Latvia, ALOE [AS/Mon (2022) 6) Consideration of a preliminary draft report The honouring of obligations and commitments by Turkey Co-rapporteurs: Mr John Howell, United Kingdom, EC/OA and Mr Boriss Cite vies, Latvia, SOC [AS/Mon (2022) 14] Consideration of a preliminary draft report The honouring of obligations and commitments by the Republic of Moldova Co-rapporteurs: Mr Pierre-Aiain Fridez, Switzerland, SOC and Ms lnese Ubit;Ja-Egnere, Latvia, EPPICO [Final programme) [Statement by the co-rapporteurs] Oral report by the co-rapporteurs on their fact-finding visit to Chisinau (6-9 June 2022) Wednesday 22 June 2022 from 2.00 pm to 3.30 pm The honouring of membership obligations to the Council of Europe by The Netherlands Co-rapporteurs: Mr Antonio Gutierrez Limones, Spain, SOC and Mr lulian Bulai, Romania, ALOE [CDL-AD(2021)031 ] [Report of the Childcare Allowance Parliamentary Inquiry Committee] Hearing on the functioning of democratic institutions in The Netherlands: the Childcare Allowance Case : initial exchange of views The honouring of membership obligations to the Council of Europe by Hungary Co-rapporteurs: Mr Georges Papandreou, Greece, SOC and Mr Eerik-Niiles Kross, Estonia, ALOE [Final programme] [Statement by the co-rapporteurs] Oral report by the co-rapporteurs on their fact-finding visit to Budapest (14-15 June 2022) 8.
The honouring of membership obligations to the Council of Europe by San Marino Co-rapporteurs: Mr Viorei-Riceard Badea, Romania, EPPICO and Mr Andrej Hunko, Germany, UEL Statement by the rapporteurs on the state of play of the preparation of the report Thursday 23 June 2022 from 2.00 pm to 3.30 pm 9.

The honouring of membership obligations to the Council of Europe by Malta Co-rapporteurs: Mr Bernard Fournier, France, EPPICD and Mr Georges Loucaides, Cyprus, UEL [Doc.

***] [Amendments to Doc.


***] Consideration of possible amendments tabled to the draft resolution [Assembly debate: Friday, 24 June morning] [Deadline for tabling amendments: Thursday, 23 June at 10.30 am] 2 1 0.

The honouring of obligations and commitments by Bosnia and Herzegovina Co-rapporteurs: Mr Zsolt Nemeth, Hungary, EC/DA and Ms Ekaterina Zaharieva, Bulgaria, EPP/CD [AS/Mon (2022) 13] Consideration of an information note on the electoral law AS!Mon (2022) OJ 06 11.
The honouring of obligations and commitments by Ukraine Co-rapporteurs: Mr Alfred Heer, Switzerland, ALOE and Mr Birgir Th6rarinsson, Iceland, EPP/CD Exchange of views on a possible visit to Ukraine 12.

Post-monitoring dialogue with North Macedonia Co-rapporteurs: Ms Sibel Arslan, Switzerland, SOC and ....

Appointment of a rapporteur to replace Mr Zsolt Csenger-Zalan (Hungary, EPP/CD) 13.
The role of the Council of Europe in preventing human suffering resulting from international armed conflicts: different stages of conflict prevention and best practices to be employed (Rapporteur of the Committee on Political Affairs and Democracy: to be appointed) Appointment of a rapporteur for opinion 14.

Call for candidates The honouring of obligations and commitments by Azerbaijan Co-rapporteurs: Call for candidates to replace Mr Stefan Schennach (Austria, SOC) 15.
Authorisation of fact-finding visits 16.

Other business Monitoring Committee: Work overview [AS/Mon/lnf (2022) 14] 17.

Next meetings 14 September 2022, Paris 15 September 2022, Paris, Sub-Committee on Conflicts concerning Council of Europe Member States Strasbourg, 10-14 October 2022 [during the Assembly part-session] 16 November 2022, Paris 14 December 2022, Paris 3 t Parliamentary Assembly Assemblee parlementaire ~~ ~~.
ee~mmam1~u ...................................... ... AS/Mon (2022) OJ 06 REV 2 20 June 2022 amonoj06 REV 2_2022 Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Revised draft agenda 2 of the meeting to be held in camera in STRASBOURG on: ·Tuesday 21 June 2022, from 8.30 am to 10.00 am (room 3) ·Wednesday 22 June 2022, from 2.00 pm to 3.30 pm (room 2) ·Thursday 23 June 2022, from 8.30 am to 10.00 am (room of the Committee of Ministers) Tuesday 21 June 2022 from 8.30 am to 10.00 am 1.
2.

Draft agenda [AS/Mon (2022) OJ 06 REV 2] Adoption of the revised draft agenda Draft minutes [AS/Man (2022) PV 05] Approval of the draft minutes of the meeting held on 24 May 2022 This draft agenda, addressed to members of the Committee, is the convocation to the meeting.
It also constitutes the invitations foreseen in Resolution 1115 (1997), paragraph 10.1 Copy to Secretaries of national delegations and of political groups Meeting documents are published on the Parliamentary Assembly extranei website (restricted area for national delegations): http://assembly.coe.int/extranet.
1 Resolution 1115, paragraph 10: "When a monitoring procedure is initiated, two members of the parliamentary delegation of the member state concerned (to represent the governing majority and the opposition) shall be Invited to take part, without the right to vote, in the relevant debates of the committee unless one or both are already represented on the committee.
By analogy with Rule 6, paragraph 8, no member of the parliamentary delegation of the member state concerned shall participate in a vote on any question concerning this state."

A SIMon (2022) OJ 06 REV 2 ~!

.. • 3.

The honouring of obligations and commitments by Tiirkiye Co-rapporteurs: Mr John Howell, United Kingdom, EC/OA and Mr Boriss Cite vies, Latvia, SOC [AS/Mon (2022) 14] Consideration of a preliminary draft report 4.
The honouring of obligations and commitments by the Republic of Moldova Co-rapporteurs: Mr Pierre-Aiain Fridez, Switzerland, SOC and Ms lnese Ubif)a-Egnere, Latvia, EPPICO [Final programme] [Statement by the co-rapporteurs- 13.06.2022] Oral report by the co-rapporteurs on their fact-finding visit to Chisinau (6-9 June 2022) 5.

6.

7.

8.
Wednesday 22 June 2022 from 2.00 pm to 3.30 pm The honouring of membership obligations to the Council of Europe by Romania Co-rapporteurs: Ms Edite Estrela, Portugal, SOC and Ms Krista Baumane, Latvia, ALOE [AS/Man (2022) 6] Consideration of a preliminary draft report The honouring of membership obligations to the Council of Europe by Hungary Co-rapporteurs: Mr George Papandreou, Greece, SOC and'Mr Eerik-Nii/es Kross, Estonia, ALOE [AS/Mon (2021) 09 REV- preliminary draft report] [AS/Mon (2021) 09 REV- comments by the authorities] [Final programme] [Statement by the co-rapporteurs] Oral report by the co-rapporteurs on their fact-finding visit to Budapest (14-15 June 2022) World Forum for Democracy on Democracy: a new hope?
(Strasbourg, 7-9 November 2022) [Concept Note] Designation of members to the ad hoc Committee of the Bureau to participate in the Forum Thursday 23 June 2022 from 8.30 am to 10.00 am The honouring of membership obligations to the Council of Europe by Malta Co-rapporteurs: Mr Bernard Fournier, France, EPP/CO and Mr Georges Loucaides, Cyprus, UEL [Doc.

15546] [Amendments to Doc.


15546] Consideration of possible amendments tabled to the draft resolution [Assembly debate: Thursday, 23 June morning] [Deadline for tabling amendments: Wednesday, 22 June at 10.30 am] 2 A SIMon (2022) OJ 06 REV 2 9.
The honouring of obligations and commitments by Bosnia and Herzegovina Co-rapporteurs: Mr Zsolt Nemeth, Hungary, ECIDA and Ms Ekaterina Zaharieva, Bulgaria, EPPICD [AS/Mon (2022) 13] Consideration of an information note on the electoral law Exchange of views with Mr Nikolaos Sitaropoulos, Head of Division of the Department for the Execution of ECHR Judgments 10.
The honouring of obligations and commitments by Ukraine Co-rapporteurs: Mr Alfred Heer, Switzerland, ALDE and Mr Birgir Th6rarinsson, Iceland, EPPICD Exchange of views on a possible visit to Ukraine with the participation of Ms Mariia Mezentseva, Chairperson of the Ukrainian Delegation 11.

Post-monitoring dialogue with North Macedonia Co-rapporteurs: Ms Sibel Arslan, Switzerland, SOC and ....

Appointment of a rapporteur to replace Mr Zsolt Csenger-Zalan (Hungary, EPP/CD) 12.
The role of the Council of Europe in preventing human suffering resulting from international armed conflicts: different stages of conflict prevention and best practices to be employed (Rapporteur ofthe Committee on Political Affairs and Democracy: to be appointed) Appointment of a rapporteur for opinion 13.

Call for candidates The honouring of obligations and commitments by Azerbaijan Co-rapporteurs: Call for candidates to replace Mr Stefan Schennach (Austria, SOC) 14.
Authorisation of fact-finding visits 15.

Other business Monitoring Committee: Work overview [AS/Mon/lnf (2022) 14] 16.
Next meetings 14 September 2022, Paris 15 September 2022 morning, Paris, Sub-Committee on Conflicts concerning Council of Europe Member States Strasbourg, 10-14 October 2022 [during the Assembly part-session] 16 November 2022, Paris 14 December 2022, Paris 3 Third part-session of the Assembly 2022 – public meetings and side events, Monday to Thursday, 1 to 2 p.m Troisième partie de session de l’Assemblée 2022 – réunions et événements publics organisés du lundi au jeudi, de 13 h à 14 h 17/06/2022 09:03 Meetings of Assembly networks and Committee-related events / Réunion des réseaux de l’Assemblée et évènements liés aux Commissions Unofficial events sponsored by Assembly members / Evénements non officiels parrainés par des membres de l’Assemblée1 Date Monday 20 June Lundi 20 juin Room Salle 1 Title/ Titre Sponsor(s) Organiser / Facilitator Organisateur(trice) Informal meeting of the Network of contact parliamentarians for a healthy environment Réunion de parlementaires pour un environnement sain du Réseau informelle Committee on Social Affairs, Health and Sustainable Development Commissions des questions sociales, de la santé et du développement durable (AS/Soc) Rik Daems, Chairperson Network/Président du Réseau (ALDE, Belgium/ADLE, Belgique) the of Monday 20 June Lundi 20 juin 5 Launch of the Parliamentary Platform for the rights of LGBTI people in Europe Lancement de la Plateforme parlementaire sur les droits des personnes LGBTI en Europe (implementation of Resolution 2417 (2022)/ Mise en œuvre de la Résolution 2417 (2022) l’égalité et Committee on Equality and Non- Discrimination Commission sur discrimination (AS/Ega) Christophe Lacroix, General Rapporteur on the rights of LGBTI people /Rapporteur général sur le droit des personnes LGBTI (SOC, Belgium/Belgique) la non- Tuesday 21 June Mardi 21 juin 5 New wave of Repressions Targeting Anti- War protests in Russia Nouvelle vague de répressions en Russie visant la contestation de la guerre Jacques Maire, (Chairperson of the ALDE Group, France Président du Groupe ADLE, France) Alliance of Liberals and Democrats for Europe Alliance des démocrates et des libéraux pour l’Europe Contacts: Maria Bigday, ALDE Group Secretary / Secrétaire Groupe ADLE maria.bigday@coe.int 1 These meetings are not organised by the Parliamentary Assembly or its bodies.
They remain under the full responsibility of the PACE members sponsoring the meeting / Ces réunions ne sont pas organisées par l’Assemblée parlementaire ni par ses entités.

Elles restent sous l’entière responsabilité des membres de l’APCE qui les parrainent.
Date Wednesday 22 June Mercredi 22 juin Room Salle 1 Title/ Titre Sponsor(s) Organiser / Facilitator Organisateur(trice) Shadow Game – The situation of unaccompanied minors in Europe Shadow Game – La situation des mineurs non accompagnés en Europe - Screening of a short documentary entitled Jano & Shiro (30 min) - Projection d'un court documentaire intitulé Jano & Shiro (30 min) Petra Stienen (ALDE, Netherlands/ ADLE, Pays-Bas), member of the Committee on Migration, Refugees and Displaced Persons Membre de la Commission des migrations, des réfugiés et des personnes déplacées (AS/Mig) - Discussion (20 min) - introduced by 1 or 2 panellists/introduite par 1 ou 2 panellistes International Federation of FIACAT - for the ACATs (Action by Christians Fédération Abolition internationale des ACATs (Action des Chrétiens pour l’abolition de la torture Torture)/ of Contacts: Marie Salphati m.salphati@fiacat.org Wednesday 22 June Mercredi 22 juin 5 Imrali Island Prison – 3 : A black hole in the Convention La prison de l’île d’İmralı – 3: un trou noir dans la Convention Speakers/Orateurs: Raziye Öztürk, lawyer of Abdullah Öcalan Ögmundur Jonasson, International Peace Delegation to İmralı Prison, Honorary Associate of PACE Doug Mitchells, General Secretary of the General Federation of Trade Unions (UK) Feleknaz Uca (Türkiye, UEL/GUE), Ria Oomen- Ruijten (EPP/CD, Netherlands/PPE-DC, Pays-Bas) Group of the European People’s Party Groupe du Parti Populaire européen Contacts: Denise O’Hara, EPP/CD Group Secretary/ Secrétaire du Groupe PPE/DC denise.ohara@coe.int Havin Guneser / NGO Freedom for Abdullah Ocalan-Peace Liberté Abdullah in Kurdistan/ONG Ocalan-Paix au Kurdistan Wednesday 22 June Mercredi 22 juin Lobby Chamber/ Foyer Hémicycle Celebration of the “Day of Salvation and liberation” Nicole Trisse (ALDE/ADLE, France) Contacts: Rabbin Mendel Samama m.samama@cibr.fr Célébration du « Jour du Salut et de la libération » Reception given in the Lobby of the Chamber at 1 pm Réception organisée devant l’hémicycle à 13 h Date Room Salle Title/ Titre Sponsor(s) Organiser / Facilitator Organisateur(trice) Thursday 23 June Jeudi 23 juin 1 Journalism in times of war Journalisme en temps de guerre organised with DGII and the CoE Platform for the Protection of Journalism and Safety of Journalists Focus on the war situation in Ukraine and the issue of journalism in Russia and media freedom in wartime.
Contribution of four experts organisé avec la DGII et la Plateforme du CoE pour la protection du journalisme et la sécurité des journalistes Focus sur la situation de guerre en Ukraine et la question du journalisme en Russie et de la liberté des médias en temps de guerre.
Contribution de quatre experts • • • • Sarah Clarke (Article 19) Guusje Sommer (FPU) Maria Ordzhonikidze (JFJ) Flutura Kusari (ECPMF) Empowering young people to meaningfully participate in democratic life: the role of PACE members, the German National Youth Council in the Democracy Here | Democracy Now youth campaign of the Council of Europe.
Thursday 23 June Jeudi 23 juin 5 Committee on Culture, Science, Education and Media Commission sur la Culture, de la Science, de l’Education et des médias (AS/Cult) Contacts: Roberto Fasino sharon.lowey@coe.int Lord Alexander Dundee (EC/DA/CE/AD, United Kingdom, Royaume- Uni), Chairperson of the Committee on Culture, Science, Education and Media Président de la Commission de la Culture, de la Science, de l’Education et des médias Mogens Jensen (Denmark, SOC/Danemark), General Rapporteur on Media Freedom and Safety of Journalists/ Rapporteur général sur la liberté des medias et la sécurité des journalistes Axel Schäfer (SOC, Germany/Allemagne) German National Youth Council/ Conseil national allemande de la jeunesse Contacts: Carolin Vogt carolin.vogt@dbjr.de Donner aux jeunes les moyens de participer de manière vie significative démocratique : le rôle des membres de l'APCE, le Conseil national de la jeunesse allemande dans la campagne de jeunesse « Démocratie ici | Démocratie maintenant » du Conseil de l'Europe la à 28 June / 28 juin 2022 3rd part of the 2022 Ordinary Session (20-24June 2022) 3ème partie de la Session ordinaire de 2022 (20-24 juin 2022) The 3rd part of the 2022 Ordinary Session of the Parliamentary Assembly of the Council of Europe (PACE), which took place from 20 to 24 July, generated substantial coverage in key national and international print and electronic media outlets (please see statistical information below).
The spring plenary of the Assembly was particularly well covered in Ukraine, Greece, Armenia, Serbia and the United Kingdom, which largely corresponds to the session’s agenda.

The session’s strong focus on Ukraine and the consequences of the Russian aggression was reflected in the coverage (Le Monde, DW, Evropeiskaya pravda, Ukrinform, Ukraine Nouvelles, Golos Ukrainy, ERT, MTI, ANSA, DW, IPN, ZDG.md, Radio Chisinau, TASS,etc.).
Other media highlights of the session included debates on the situation of political prisoners in Russia (DW, ANSA, FaceNews.ua, Kavkaz realii, Dovod Online, Kavkaskiy uzel, Vot Tak TV, Aravot); the downing of the MH17 flight (AFP, Le Figaro, Le Progrès, DNA, Zeit Online, ANSA, EFE + ANP, Nederlands Dagblad, AD.nl, etc.

); observation of the presidential and early parliamentary elections in Serbia (Euronews, EurActiv, Tanjug, RTV, RTS, BETA, Danas, etc.)
and the follow up report on the implementation of PACE resolution 2381, entitled “Should politicians be prosecuted for statements made in the exercise of their mandate?” (EFE, Europa Press, La Vanguardia, ABC, ACN, ARA, VilaWeb, etc.).
In addition, the currant affairs debate on the United Kingdom agreement on asylum seekers and the critical government reaction regarding the European Court of Human Rights decision on the matter was covered in the British press (The Times, The Guardian, The Independent, Daily Mail).
Addresses by Greek President Katerina Sakellaropoulou (Athens News Agency, ERT, Kathimerini, Proto Thema, SigmaLIve, Cyprus New Agency, Zougla, Reporter.gr, Orthodox Times, Mirage News); His Majesty King of the Netherlands Willem-Alexander (ANP, Nederlands Dagblad, AD.nl, DNA); and Irish Foreign Minister Simon Coveney (The Irish Times, PA, Independent Online, etc.)

also made headlines in the national press.


Statistical information The Press Review is produced for the internal use of the Council of Europe only.

Any further use of its contents should refer to the Directorate of Communication Media Monitoring Unit.

Its contents do not represent anything other than a selection of articles for whose accuracy the DC cannot vouch.
For any additional information please contact the Media Monitoring Unit at revue.presse@coe.int Debate:The honouring of membership obligations to the Council of Europe by Malta / Débat: Le respect des obligations découlant de l’adhésion au Conseil de l’Europe de Malte Council of Europe calls on government to ‘fully address’ recommendations from Caruana Galizia public inquiry [25-06-2022] The Shift News "Deeply rooted political and social polarisation in Malta... which endangers the functioning of its democratic institutions" A report from the Parliamentary Assembly of the Council of Europe (PACE) has called upon Maltese authorities to “to continue their work and efforts and fully address the concerns and recommendations” expressed in the public inquiry into the assassination of Daphne Caruana Galizia.
The report, PACE’s most recent exercise monitoring Malta’s honouring of its membership obligations with the Council of Europe (COE),presented the groundwork for a formal resolution which was “unanimously adopted” and approved on Thursday.

It noted how in recent years, Maltese society has been “rocked by a number of crises – most notably the assassination of journalist Daphne Caruana Galizia”.
The Assembly’s report on Daphne Caruana Galizia’s assassination, as well as the opinion of the European Commission for Democracy through Law (Venice Commission) “laid bare a systemic malfunctioning of democratic and rule of law institutions, and were a watershed moment for the country,” the resolution says.

The Committee acknowledged that Maltese authorities have initiated reforms.
However, “while these reforms constitute marked progress, they only partially address the concerns and shortcomings that were noted”.

A comprehensive and holistic reform of Malta’s democratic institutions and a system of checks and balances is still “urgently needed,” it said.
“This is all the more important in the context of the deeply rooted political and social polarisation in Malta, which permeates nearly all aspects of the Maltese society and endangers the functioning of its democratic institutions,” the report says.

A different tone In a visibly different tone to that adopted by the Financial Action Task Force (FATF) earlier in June, the COE said that a key concern for the Assembly is the “continuing vulnerability of Malta’s public sector to corruption”.
Although there is a “high perception of corruption”, there has been “little visible response, and a coherent overall strategy to prevent corruption in public institutions is lacking.

This has created a culture of impunity,” the COE said.

“Overcoming this culture of impunity and institutional omerta is one of the key challenges facing the Maltese society and its democratic institutions and should be addressed as a matter of utmost priority”.
One of the ways to overcome it, PACE suggested, is to tackle the “structural lack” of implementation and enforcement of the Freedom of Information Act “that renders this law ineffective,” and which “needs to be addressed as a matter of urgency”.

Among other points, the Assembly said that it is concerned about the perceived vulnerability to corruption and money laundering of Malta’s “citizenship by investment programme,” and called on Malta to abolish the programme.
The observations noted by the COE’s report contrast strongly with those noted by the FATF, who, at a press conference announcing Malta’s official removal from their grey list earlier in June said they had a “successful on-site visit (to Malta) in April” and that the country “is now better placed to tackle money laundering and terrorist financing” after Malta “completed its action plan”.

This was not mentioned in the report by COE.


With regards to weak financial intelligence and how that affects law enforcement efforts, the FATF’s president had said Malta “enhanced the use of financial intelligence to combat money laundering linked to tax crimes”.
Need for a full-time parliament reiterated The parliamentarians said they welcomed the efforts by the Maltese authorities, however, further reforms are still necessary “in particular with regard to its institutional checks and balances, and fight against corruption”.

The required changes include a far-reaching reform of parliament, with a view to establishing a full-time parliament, the report says.
This is not the first time that it has been recommended for Malta to change its parliament from part-time to full-time.

The Venice Commission had also recommended making MPs full time parliamentary employees.
According to the advice given by the COE on Thursday, having a part-time parliament undermines the capacity to provide proper parliamentary oversight over the executive, and the need for members of parliament to have secondary employment “increases the vulnerability of the parliament to corruption and conflicts of interest”.
The report also looks at the vulnerability of Malta’s political and democratic institutions to conflicts of interests and corruption and makes a number of recommendations in this respect.

It concludes that the Assembly should continue to follow developments in the country.

Il Consiglio d’Europa vota una risoluzione su Malta [26-06-2022] Italpress Sono falliti i tentativi dei membri del parlamento maltese di attenuare una risoluzione schiacciante su Malta da parte del Consiglio d’Europa.
La risoluzione dell’Assemblea parlamentare del Consiglio d’Europa ha invitato le autorità maltesi ad affrontare pienamente le preoccupazioni e le raccomandazioni espresse nel rapporto dall’inchiesta pubblica indipendente sull’omicidio della giornalista maltese Daphne Caruana Galizia.

La risoluzione rileva inoltre che, nonostante le riforme, il primo ministro mantiene un notevole controllo sulla funzione pubblica, che “mina” la sua indipendenza dalle forze politiche.
Una preoccupazione fondamentale a questo riguardo è “il numero eccessivamente elevato di incaricati politici, noti anche come persone di fiducia, nella funzione pubblica”.

La risoluzione afferma che, “nonostante l’elevata percezione della corruzione”, la risposta “è stata scarsa e manca una strategia globale coerente per prevenire la corruzione nelle istituzioni pubbliche.

Questo ha creato una cultura dell’impunità.


Il superamento di questa cultura è una delle sfide chiave che la società maltese e le sue istituzioni democratiche devono affrontare e dovrebbe essere affrontata con la massima priorità”.

La risoluzione evidenzia le preoccupazioni per l’ambiente mediatico polarizzato e le sfide affrontate dai media, comprese le minacce dirette ai giornalisti, che influiscono negativamente sulla libertà di stampa a Malta.
Si compiace “della recente istituzione di un comitato di esperti sui media al fine di rafforzare la libertà dei media a Malta”.
La risoluzione accoglie con favore una serie di riforme introdotte negli ultimi anni, tra cui le modifiche al processo di nomina di giudici e magistrati, la riforma della procura, la separazione della funzione di avvocato di Stato da quella di procuratore generale e la rimozione del procuratore generale dalla Commissione per l’amministrazione della l’imparzialità della giustizia, “passi magistratura”.
importanti per rafforzare l’indipendenza e Government’s bid to dilute damning CoE resolution on Malta fails [25-06- 2022] Newsbook Government’s attempts to water down a damning Council of Europe resolution on Malta failed as only two of its 10 amendments were approved.
The Parliamentary Assembly of the Council of Europe (PACE) resolution which notes the “culture of impunity and institutional omerta in Malta,” calls upon the Maltese authorities to fully address the concerns and recommendations expressed in the report by the independent public inquiry into the murder of Daphne Caruana Galizia.
An amendment tabled by a number of members, including Labour MPs Naomi Cachia, Chris Bonett, Romilda Baldacchino Zarb, and Cressida Galea, proposed to replace the words “there is a culture of impunity”, with “there existed a culture of impunity.” However, this amendment was voted down.
Similarly, the Labour MPs failed in their attempt to replace the text which notes that “a comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed.” The resolution also notes that despite welcome reforms, the prime minister maintains considerable control over the civil service, which “undermines” its independence from political forces.
“A key concern in this respect is the excessively high number of political appointees, also known as persons of trust, in Malta’s civil service, which are appointed bypassing the legal civil service appointments procedures.
The high number of political appointees, and lack of legal regulations governing these positions, increases the vulnerability of Malta’s civil service to conflicts of interest and cronyism.” A proposed amendment by government to tone down the resolution and replace “undermines,” with “may undermine” was also voted down.
Recently, the Ombudsman warned that if ministries’ ‘customer care’ services are not independent and autonomous “they can easily develop into mechanisms which generate cronyism, clientelism and political patronage that are the antithesis of good public administration.’ The Council of Europe’s anti-corruption watchdog – GRECO – has also called for safeguards to limit the number of appointments of “persons of trust” to an absolute minimum, and these positions should be subject to the same integrity requirements and supervision as other PTEFs.
Likewise, Labour MPs failed to change the damning conclusion that “a key concern for the Assembly is the continuing vulnerability of Malta’s public sector to corruption.” The resolution says that despite the high perception of corruption there has been little visible response and a coherent overall strategy to prevent corruption in public institutions is lacking.

“This has created a culture of impunity.


Overcoming this culture of impunity and institutional omerta is one of the key challenges facing the Maltese society and its democratic institutions and should be addressed as a matter of utmost priority,” the resolution adds.

Council of Europe calls for removal of golden passport scheme Likewise, the Labour MPs failed to water down a scathing conclusion on Malta’s golden passport scheme.
The resolution notes that the Council of Europe’s assembly “is concerned about the vulnerability to corruption and money laundering of Malta’s ‘citizenship by investment programme’ and calls on Malta to abolish this programme.” The government’s unsuccessful amendments included the proposal to remove the call to “abolish” the controversial scheme and instead say that the Council of Europe’s assembly urges Malta to “continue taking all necessary steps to tackle any risk brought about by this programme.” In April, the European Commission gave Malta one final warning over its’ golden passport scheme before taking the matter before the Court of Justice of the European Union.
One of the two successful amendments proposed by the Labour MPs added a sentence noting the introduction of the gender-corrective mechanism in a paragraph which says: “The Assembly is concerned that, despite considerable progress, gender inequality and stereotypes remain deeply rooted in the Maltese society.
Despite improvements in the legislation, representation of women in politics and government is still low.” The resolution also welcomes the new Equality Law that is before the Maltese parliament and encouraged legislators to adopt it without delay.

Additionally, the assembly notes that Malta is one of the very few Council of Europe member states to prohibit abortion entirely, including in cases of rape or danger to the life of the mother.
“Reproductive rights and health are a key aspect of women rights that need to be improved in Malta as a matter of priority,” the resolution says.
Polarised media On a positive note, the resolution welcomes a number of reforms introduced in recent years, including the changes in the appointment process of judges and magistrates, the reform of the prosecution service, separating the function of State advocate from that of the Attorney General and removing the Attorney General from the Commission for the Administration of Justice, which it says “are important steps to strengthen the independence and impartiality of the judiciary.” However, the resolution highlights concerns on the polarised media environment and the challenges faced by the media, including direct threats to journalists, that negatively affect press freedom in Malta.
“It therefore welcomes the recent establishment of a Committee of Experts on Media with a view to strengthening media freedom in Malta.
The abuse of anti-defamation legislation and Strategic Lawsuits Against Public Participation (SLAPPs) to silence journalists, is an issue of increasing concern that needs to be addressed as a matter of urgency.” Council of Europe calls for ‘far-reaching reform’ of Maltese parliament [24-06- 2022] Times of Malta Wants full-time parliament to provide 'proper oversight' The Council of Europe has called for a “far-reaching reform” of Malta's parliament.
In a draft resolution approved on Thursday, the council acknowledged how developments following the assassination of journalist Daphne Caruana Galizia brought to light a “deeply rooted political and social polarisation in the Maltese society and a systemic malfunctioning of democratic institutions in the country”.
The resolution came as part of a monitoring process to take stock of the honouring of membership obligations by Malta and the functioning of its democratic and rule of law institutions While acknowledging recent reforms by Malta, the council resolution says further reforms of Malta’s democratic institutions and system of checks and balances are still urgently needed.
A key aspect of these reforms should be a far-reaching reform of the Maltese Parliament, with a view to establishing a full-time parliament that can provide proper parliamentary oversight and regain legislative initiative, the resolution says.

This, the council says, would also allow Malta to address a series of important vulnerabilities of its political institutions to conflicts of interest and corruption.
The council said Malta’s part-time parliament undermines its capacity for legislative initiative as well as its capacity to provide proper parliamentary oversight over the executive.

In addition, the need for members of parliament to have secondary employment increases the vulnerability of parliament to corruption and conflicts of interest.

The council said a full-time parliament would be able to provide proper parliamentary oversight and regain legislative initiative.
Council of Europe calls for ‘comprehensive and holistic reform’ of Malta’s institutions [24-06-2022] The Malta Independent The Council of Europe has called for a “comprehensive and holistic reform” of Malta’s democratic institutions and its system of checks and balances, saying that this is something which is urgently needed.
The recommendation was part of a resolution which was approved on Thursday and which came as part of a monitoring process which looks into whether Malta is honouring its membership obligations.
The resolution, which was penned by co-rapporteurs Bernard Fournier (from France) and George Loucaides (from Cyprus), prefaced its conclusions with the observation that the developments following the assassination of Daphne Caruana Galizia “brought to light a deeply rooted political and social polarisation in the Maltese society and a systemic malfunctioning of democratic institutions in the country.” The opinion of the Venice Commission on the constitutional system of checks and balances and the independence of the judiciary, as well as the report of the independent public commission established by the authorities assassination were a watershed moment for the country, the resolution observed.
following Daphne Caruana Galizia’s The resolution stated that the Maltese authorities and Parliament reacted with the adoption of a series of what they described as welcome reforms to address the shortcomings in the democratic and rule of law institution.

“While these reforms constitute marked progress, they only partially address the concerns and shortcomings that were noted.
A comprehensive and holistic reform of Malta’s democratic institutions and system of checks and balances is still urgently needed,” the resolution reads.

“A key aspect of these reforms should be a far-reaching reform of the Maltese Parliament, with a view to establishing a full-time parliament that can provide proper parliamentary oversight and regain legislative initiative,” it continues.
They said that this would also allow Malta to address a series of important vulnerabilities of its political institutions to conflicts of interest and corruption.

The resolution welcomed the fact that the need for a holistic reform of Malta’s democratic institutions, including its Parliament, are supported by all the main political forces in Malta, and indeed by a considerable majority in Malta’s society.
It said that it is convinced that the Council of Europe can assist Malta to draft and implement the aforementioned reforms, and recommended that the Monitoring Committee present its next periodic review on the honouring of membership obligations by Malta no later than five years from now.
Ομόφωνα εγκρίθηκε από ΚΣΣΕ η έκθεση του βουλευτή Γιώργου Λουκαΐδη για Μάλτα [23-06-2022] Cyprus News Agency , SigmaLive , Dialogos Oμόφωνα εγκρίθηκε από την ολομέλεια της Συνόδου της Κοινοβουλευτικής Συνέλευσης του Συμβουλίου της Ευρώπης (ΚΣΣΕ), η έκθεση του βουλευτή Γιώργου Λουκαΐδη, Εισηγητής της Επιτροπής Παρακολούθησης της Συνέλευσης για την τήρηση των Υποχρεώσεων και Δεσμεύσεων της Μάλτας έναντι του Συμβουλίου της Ευρώπης.
Ανακοίνωση της Βουλής αναφέρει ότι στην έκθεση και το ψήφισμα, γίνεται αξιολόγηση της επιτευχθείσας προόδου όσον αφορά τη λειτουργία των δημοκρατικών θεσμών στη χώρα, επισημαίνονται οι κύριες προκλήσεις που παραμένουν και διατυπώνονται συστάσεις για την καλύτερη αντιμετώπισής τους.
Κατά την παρουσίασή του, ο κ. Λουκαΐδης ανέφερε ότι, κατά τα τελευταία χρόνια, διάφορες κρίσεις έχουν αναδείξει δομικές και άλλες συστημικές αδυναμίες στη χώρα, που υπονομεύουν την εύρυθμη λειτουργία των θεσμών, το κράτος δικαίου και τη διάκριση των εξουσιών.

Πρόσθετα, αναφέρθηκε στην έντονη ανησυχία της Συνέλευσης σχετικά με τα ευρήματα της ανεξάρτητης ερευνητικής επιτροπής όσον αφορά την κουλτούρα ατιμωρησίας και θεσμικής «ομερτά» που επικρατεί στη χώρα.
Η Συνέλευση, υπογράμμισε, καλεί τις αρχές της Μάλτας όπως ανταποκριθούν πλήρως στις ανησυχίες και εισηγήσεις της εν λόγω επιτροπής.

Από την άλλη, καλωσόρισε με ικανοποίηση το γεγονός ότι τα τελευταία χρόνια οι αρχές της Μάλτας έχουν προβεί σε διορθωτικά μέτρα, υιοθετώντας σειρά μεταρρυθμίσεων προς αντιμετώπιση των πιο πάνω ελλείψεων.
Χαιρετίζοντας τα μέτρα αυτά, ο κ. Λουκαΐδης υπογράμμισε την ανάγκη συνέχισης της προσπάθειας, ώστε να ολοκληρωθεί η θεσμική μεταρρύθμιση και να τεθούν σε λειτουργία τα απαραίτητα δημοκρατικά αντίβαρα.

Έκανε δε ειδική αναφορά στη σύσταση της Συνταγματικής Συνέλευσης προς αυτή την κατεύθυνση.
Σε αυτό το πλαίσιο, ανέφερε ο κ. Λουκαΐδης, το Κοινοβούλιο της Μάλτας θα πρέπει να διαθέτει τα απαραίτητα μέσα για να παράγει απρόσκοπτα νομοθετικό έργο και να ασκεί αποτελεσματικό κοινοβουλευτικό έλεγχο, μια απαίτηση άλλωστε που συμμερίζονται όλα τα κόμματα και η κοινωνία ευρύτερα.

Η αναβάθμιση του Κοινοβουλίου, πρόσθεσε, θα συμβάλει επίσης στην καταπολέμηση της διαφθοράς και της σύγκρουσης συμφερόντων, δυο διαχρονικά προβλήματα που βλάπτουν τους θεσμούς και την κοινωνία της Μάλτας.
Στον τομέα των ανθρωπίνων δικαιωμάτων, o Κύπριος Εισηγητής σημειώνει στην έκθεση και το ψήφισμά του, το πολύ ευνοϊκό νομοθετικό πλαίσιο, που προάγει τα δικαιώματα των ΛΟΑΤΙ ατόμων.

Την ίδια στιγμή, επισημαίνει σοβαρά ελλείμματα σε θέματα ισότητας των φύλων, ενώ, όπως ανέφερε, το περιοριστικό πλαίσιο που ρυθμίζει το δικαίωμα στην άμβλωση θα πρέπει να αναθεωρηθεί, ως αναπόσπαστο μέρος της ευρύτερης προσπάθειας για προάσπιση και προώθηση των δικαιωμάτων των γυναικών.
Τέλος, ο κ. Λουκαΐδης επεσήμανε την ανάγκη άμεσης αντιμετώπισης του προσφυγικού- μεταναστευτικού ζητήματος.

Τα κράτη της πρώτης γραμμής στη Μεσόγειο, υπογράμμισε, θα πρέπει, αφενός, να στηριχθούν έμπρακτα από τους ευρωπαίους εταίρους, στη βάση της αλληλεγγύης και, αφετέρου, να προσεγγίζουν το μεταναστευτικό ζήτημα σύμφωνα με τις διεθνείς υποχρεώσεις τους, με πρώτιστο μέλημά τους τον σεβασμό των ανθρωπίνων δικαιωμάτων και την αξιοπρέπεια των προσφύγων και μεταναστών.
Omicidio Caruana: pressing Consiglio Europa su Malta [23-06-2022] ANSA L'assemblea parlamentare del Consiglio d'Europa domanda alle autorità maltesi di prendere pienamente in conto le preoccupazioni e le raccomandazioni contenute nel rapporto stilato dalla commissione d'inchiesta sull'omicidio della giornalista Daphne Caruana Galizia.

È una delle richieste contenute nel rapporto 'il rispetto degli obblighi che Malta ha assunto con l'adesione al Consiglio d'Europa', approvato all'unanimità dall'assemblea.
Nel testo si riconoscono i passi avanti 'notevoli' fatti da Malta dopo l'omicidio di Caruana Galizia per rispondere alle critiche sul disfunzionamento sistematico delle istituzioni democratiche e quelle che devono garantire il rispetto dello stato di diritto, ma si evidenzia che non sono sufficienti ad assicurare che la democrazia sia fuori pericolo.
"È urgente che Malta proceda con una riforma completa e globale delle istituzioni democratiche e del sistema di equilibrio tra poteri", afferma Strasburgo, che chiede anche un parlamento che lavori a tempo pieno e regole stringenti per la nomina dei funzionari pubblici.

Infine l'assemblea domanda a Malta di sopprimere il 'programma di cittadinanza attraverso investimenti', che considera vulnerabile alla corruzione e al riciclaggio di denaro.