Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697809754332.pdf (Malta)
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_______________________________ Raymond Scicluna Skrivan tal-Kamra COE PA - Third Part of the 2016 Session of the Parliamentary Assembly of the Council of Europe 20 – 24 June 2016 Strasbourg Hon Joe Debono Grech, MP Hon Beppe Fenech Adami, MP Hon Charlὸ Bonnici, MP Hon Joseph Sammut, MP ~arliamentary Assembly rtf{_~semblee parlementalre iii&~ COUNCIL OF EUROPE DELEGATION TO THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE Third Part Session- 20 to 24 June 2016 The Assembly brings together 318 men and women from the parliaments of the Council (){ 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 (){law that are the "common heritage" of the peoples of Europe.

Delegates Attending the Second Part Session:- Hon.

Joe Debono Grech- Head of Delegation- 20 to 22 June 2016 Hon.

Beppe Fenech Adami- Member- 20 to 22 June 2016 Hon.

Chari(> }3gnnici- Sl!bstityte Member- 20 to 2.2 June 2016 Hon.
Joseph Sammut- Substitute Member (with voting rights) - 20 to 22 June 2016 John Vella- delegation secretary- 20 to 22 June 2016 Attachments: Annex A- Agenda of Plenary and Committees Annex B - Adopted Texts by the Assembly This session in brief: Under 'Cun-ent affairs debate' the Assembly discussed the theme "Reaffitming the role of the Assembly as a pan-European forum for inter-parliamentary dialogue and co-operation".
Reports and/or resolutions were considered by the Assembly on: Refngees in Greece: challenges and risks; Fighting the over-sexualisation of children; Women in the armed forces: promoting equality, putting an end to gender-based violence; The functioning of democratic institutions in Turkey; Administrative detention; Culture and democracy; Education and cultural networks of cotmnunities living abroad; Transparency and openness in European institutions; The mandate and immunity of members of the Parliamentary Assembly; Violence against migrants; and Road safety in Europe as a public health priority.
• I The recommendations and resolntions adopted by the Assembly are at Almex B.

During this session, the Assembly was addressed by Mr Alexis Tsipras, Prime Minister of Greece, and Mr Taavi Rovas, Prime Minister of Estonia, whereas Mr Thorbjom Jagland, Secretary General of the Council of Europe, and Ms Marina Kaljurand, Minister for Foreign Affairs of Estonia and Chairperson of the Committee of Ministers, reported to the Assembly.
Delegates, besides attending the plenary, took part in the meetings of their respective political grouping and participated in the proceedings of the following Committees:- Hon Joe Debono Grech - Monitoring Committee; Political Affairs and Democracy Committee and (as subsititute) Committee on Legal Affairs and Human Rights.

Hon Beppe Fenech Adami - Committee on Migration, Refugees and Displaced Persons and (as subsititute) Political Affairs and Democracy Committee.
Hon Charlo Bonnici - Monitoring Committee; Committee on Culture, Science, Education and Media and (as subsititute) Social, Health and Sustainable Development.

Hon Joseph Sanunut - Committee on Legal Affairs and Human Rights and (as subsititute) Equality and Non-Discrimination Committee.
Dr Joseph Filletti, PermBol!ent Representative of Malta to the CoE, and Ms Tania Carabott, his deputy, on Monday 20th June 2016 called at our PACE Office for an exchange of views with the Delegation on certain items on the agenda of the Assembly.

On Monday 20th June 2016, the Han Joe Debono Grech held a meeting with the President of the Assembly, Mr Pedro Agramunt, mainly about Malta's EU Presidency during the petiod January to JU!)

2016. .

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Beppe Fenech Ad / I I Hori.


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14074 20 June 2016 Third part of the 2016 Ordinary Session (20-24 June 2016) Agenda1 1.

Adopted by the Assembly on 20 June 2016.

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I I 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 Man: 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 EPP/CD: Group of the European People's Party SOC: Socialist Group ALOE: Alliance of Liberals and Democrats for Europe EC: European Conservatives Group UEL: Group of the Unified European Left NR: Representatives not belonging to a political group Symbols tJ C9 Presentation, statement Deadline for tabling documents ~ Lists (speakers, questions) ld 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: 17:00-19:00 Wednesday: 08:30-10:00 2 Monday 20 June 2016 Sitting No.
19 (11:30-13:00) 1.

Opening of the part-session 1.1.

Statement by the President 1.2.

Examination of credentials i'l List of delegations: o (Doc.

14087) 1.3.

Changes in the membership of committees (Commissions (2016) 06 +Addendum 1) 1.4.

Request for debate: 1.4.1.

Current affairs debate: "Reaffirming the role of the Assembly as a pan-European forum for inter-parliamentary dialogue and co-operation" 1.5.

Adoption of the agenda 1.6.


Approval of the minutes of proceedings of the Standing Committee (Tallinn, 27 May 2016) (AS/Per (2016) PV 02) 2.

Debate 2.1.

Progress report of the Bureau and the Standing Committee i'l Presentation by: o Mr ian LIDDELL-GRAINGER (United Kingdom, EC), Rapporteur AS/Bur (Doc.

14086, Doc.

14086 Addendum I, Doc.

14086 Addendum II, Doc.

14086 Addendum Ill, Doc.

14088) Iii List of speakers (deadline for registration: Monday 20 June, 10:00) Q, [possibly] Vote Sitting No.
20 (15:00-17:00) 3.

Question time (15:00-15:30) 3.1.

Questions to Mr Thorbj"rn JAG LAND, Secretary General of the Council of Europe Iii Questions 4.

Debate 4.1.

Free debate iJ List of speakers {deadline for registration: Monday 20 June, 12:00) i !.

: :: i I ' ' '· ,; . '

!

I: i i I I i' d 3 I I I !

.. 1: II :i II li j ' Tuesday 21 June 2016 Sitting No.

21 (10:00-13:00) 5.

Election (10:00-13:00) 5.1.


Judge to the European Court of Human Rights tl List of candidates in respect of: o United Kingdom (Doc.

14050, Doc.

14086 Addendum II} 6.

Debate 6.1.

Refugees at risk in Greece tl Presentation by: o Ms Tineke STRIK (Netherlands, SOC}, Rapporteur AS/Mig (Doc.

14082} tl Statements by: o Ms Meritxell MATEU, Rapporteur of the Ad hoc committee of the Bureau on the situation of migrants, refugees and asylum seekers in Greece (Doc.
14086 Addendum Ill} o Mr loannis MOUZALAS, Alternate Minister for Migration Policy of Greece o Mr Thorbj0rn JAGLAND, Secretary General of the Council of Europe • List of speakers (deadline for registration: Monday 20 June, 16:00} (l) Amendments (deadline for tabling: Monday 20 June, 16:00} G Vote on a draft resolution (Doc.

14082} r· h - f} ( ' .

Sitting No.

22 (15:30-20:00) 7.

Election (continued) (15:30-17:00) 7.1.

Judge to the European Court of Human Rights 8.

Address (15:30-16:30) 8.1.


Communication from the Committee of Ministers tl Presentation by: o Ms Marina KALJURAND, Minister for Foreign Affairs of Estonia, Chairperson of the Committee of Ministers • Questions (deadline for registration: Tuesday 21 June, 12:00} 9.

Debate 9.1.

Fighting the over-sexualisation of children tl Presentation by: o Mr Valeriu GHILETCHI (Republic of Moldova, EPP/CD}, Rapporteur AS/Soc (Doc.
14080} tl Statement by: o Ms Maud de BOER-BUQUICCHIO, United Nations Special Rapporteur on the sale of children, child prostitution and child pornography • List of speakers (deadline for registration: Tuesday 21 June, 12:00} (l) Amendments (deadline for tabling: Monday 20 June, 16:00} G Votes on a draft resolution and a draft recommendation (Doc.

14080} 4 10.

Debate 10.1.


Women in the armed forces: promoting equality, putting an end to gender-based violence tl Presentation by: o Ms Maryvonne BLONDIN (France, SOC), Rapporteur AS/Ega (Doc.

14073) IJ List of speakers (deadline for registration: Tuesday 21 June, 12:00) (1;) Amendments (deadline for tabling: Monday 20 June, 16:00) Q, Vote on a draft resolution (Doc.

14073) :: 5 Wednesday 22 June 2016 Sitting No.

23 (10:00-13:00) 11.

[Possibly 2nd round] Election (10.·00-13:00) 11.1.


Judge to the European Court of Human Rights 12.

Debate 12.1.

The functioning of democratic institutions in Turkey 0 Presentation by: o Ms lngebj0rg GODSKESEN (Norway, EC), Co-Rapporteur AS/Man (Doc.

14078) o Ms Natasa VUCKOVIC (Serbia, SOC), Co-Rapporteur AS/Man (Doc.

14078) Ill List of speakers (deadline for registration: Tuesday 21 June, 19:00) C9 Amendments (deadline for tabling: Tuesday 21 June, 10:30) Q, Vote on a draft resolution (Doc.
14078) 13.

Address (12:00-13:00) 13.1.

Mr Taavi ROIVAS, Prime Minister of Estonia Speech (12:00-12:20) Questions and replies (12:20-13:00) I Questions Sitting No.

24 (15:30-20:30) 14.

[Possibly 2nd round] Election (continued) (15:30-17:00) 14.1.

Judge to the European Court of Human Rights 15.

Address (15:30-16:30) 15.1.

Mr Alexis TSIPRAS, Prime Minister of Greece Speech (15:30-15:50) Questions and replies (15:50-16:30) Ill Questions 16.

Debate (continued) 16.1.


The functioning of democratic institutions in Turkey Ill List of speakers (deadline for registration: Tuesday 21 June, 19:00) C9 Amendments (deadline for tabling: Tuesday 21 June, 1 0:30) Q, Vote on a draft resolution (Doc.

14078) 17.

Debate 17.1.

Administrative detention Cl Presentation by: o Lord Richard BALFE (United Kingdom, EC), Rapporteur AS/Jur (Doc.
14079) Ill List of speakers (deadline for registration: Wednesday 22 June, 12:00) C9 Amendments (deadline for tabling: Tuesday 21 June, 16:00) Q, Vote on a draft resolution (Doc.

14079) 6 I I I I.

1!.

li ji ,, ' I ,.

l I I I i I l ' ' ,, h ., 18.

Current affairs debate (19:00-20:30) 18.1.

Reaffirming the role of the Assembly as a pan-European forum for inter-parliamentary dialogue and co-operation ~ List of speakers (deadline for registration: Wednesday 22 June, 12:00) 7 !
: I I' ; I i {: I i l "' Thursday 23 June 2016 Sitting No.

25 (1 0:00-13:00) 19.

Joint debate 19.1.

Culture and democracy 0 Presentation by: o Ms Vesna MARJANOVIC (Serbia, SOC), Rapporteur AS/Cult (Doc.

14070) 19.2.

Educational and cultural networks of communities living abroad 0 Presentation by: o Mr Pierre-Yves LE BORGN' (France, SOC), Rapporteur AS/Cult (Doc.

14069) o Mr Thierry MARIANI (France, EPP/CD), Rapporteur for opinion AS/Mig (Doc.
14084) [J List of speakers {deadline for registration: Wednesday 22 June, 19:30) C9 Amendments (deadline for tabling: Wednesday 22 June, 10:30) Q, Votes on a draft resolution and a draft recommendation (Doc.

14070) Q, Vote on a draft resolution (Doc.

14069) Sitting No.

26 (15:30-20:00) 20.

Debate 20.1.

Transparency and openness in European institutions 0 Presentation by: o Ms Natasa VUCKOVIC (Serbia, SOC), Rapporteur AS/Jur (Doc.
14075) o Ms Chiara TAKTAKISHVILI (Georgia, ALOE), Rapporteur for opinion AS/Pro (Doc. )

[J List of speakers (deadline for registration: Thursday 23 June, 12:00) C9 Amendments (deadline for tabling: Wednesday 22 June, 16:00) Q, Votes on a draft resolution and a draft recommendation (Doc.

14075) 21.

Joint debate 21.1.

The nature of the mandate of members of the Parliamentary Assembly 0 Presentation by: o Ms Natasa VUCKOVIC (Serbia, SOC), Rapporteur AS/Pro (Doc.

14077) 21.2.
14077) 21.2.

Parliamentary immunity: challenges to the scope of the privileges and immunities enjoyed by members of the Parliamentary Assembly Cl Presentation by: o Ms Liliana PALIHOVICI (Republic of Moldova, EPP/CD), Rapporteur AS/Pro (Doc.

14076) [J List of speakers (deadline for registration: Thursday 23 June, 12:00) C9 Amendments (deadline for tabling: Wednesday 22 June, 16:00) Q, Vote on a draft resolution (Doc.

14077) Q, Votes on a draft resolution and a draft recommendation (Doc.
14076) i I i: L ' I I' i ' i J I 8 Friday 24 June 2016 Sitting No.

27 (10:00-13:00) 22.

Debate 22.1.

Violence against migrants D Presentation by: o Mr Andrea RIGONI (Italy, ALOE), Rapporteur AS/Mig (Doc.

14066) ~ List of speakers (deadline for registration: Thursday 23 June, 19:00) (1) Amendments (deadline for tabling: Thursday 23 June, 1 0:30) ld Vote on a draft resolution (Doc.

14066) 23.

Debate 23.1.


Road safety in Europe as a public health priority D Presentation by: o Ms Naira KARAPETYAN (Armenia, EPP/CD), Rapporteur AS/Soc (Doc.

14081) ~ List of speakers (deadline for registration: Thursday 23 June, 19:00) (1) Amendments (deadline for tabling: Thursday 23 June, 1 0:30) ld Vote on a draft resolution (Doc.

14081) 24.

Progress report 24.1.

Progress report of the Bureau and the Standing Committee (continued) 25.

Closure of the part-session ;: ,.
., i: ' 9 Draft Agenda of meetings of the Committees of the Assembly, the Bureau and Political Groups 3rd part of the 2016 Session: 20-24 June Also available on the internet site :http:/assembly.coe.int Date and time Meeting SUNDAY 19 JUNE 2016 30/05/2016 version Room Languages • 13:30 to 16:00 Committee on the election of judges to the European Court of Human Rights Room 13 (E/F) • 16:00 to 19:30 Meeting of the Presidential Committee Room 17 (E/ES) MONDAY 20 JUNE 2016 • 08:00 to 09:30 Bureau ofthe Assembly Room 7 • 08:30 to 09:30 Women Working Group- Socialist Group Room9 (E/F) • 09:30 to 11 :30 Group of the Unified European Left • 09:30 to II :30 Group of the European People's Party • 09:30 to 11:30 European Conservatives Group • 09:30 to II :30 Socialist Group • 09:30 to 11:30 Alliance of Liberals and Democrats for Europe Room 3 Room 5 Room 8 Room9 Room 10 •IO:OOto 11:30 Meeting ofthe Secretaries ofNational Delegations Room II (E/F) • 11:30 * * * * * A S S EM B L Y S ITT IN G * * * * * • 14:00 to 15:00 Joint hearing with the Political, Legal, Equality and Culture Committees on "Terrorism: #NoHatcNoFeai'11 Room 1 • 14:00 to 15:00 Committee on Rules of Procedure, Immunities and Institutional Affairs Room6 • 14:00 to 15:00 Sub-Committee on the Europe Prize of the Committee on Social Affairs, Health Room 7 and Sustainable Development (E/F) • 14:00 to 15:00 Committee on Migration, Refugees and Displaced Persons Room 8 • 14:00 to 15:00 Committee on the Honouring of obligations and commitments by member states Room 11 ofthe Council of Europe (Monitoring Committee) Page 1 of 4 Date and time Meeting Room Languages • 15:00 *****ASSEMBLY SITTING***** • 17:00 to 19:00 Group of the Unified European Left • 17:00 to 19:00 Group of the European People's Party • 17:00 to 19:00 European Conservatives Group • 17:00 to 19:00 Socialist Group • 17:00 to 19:00 Alliance of Liberals and Democrats for Europe Room3 RoomS RoomS Room 9 Room 10 • 19:00 to 20:00 Socialist Group Room9 (E/F) TUESDAY 21 JUNE 2016 -------~----------- • 08:30 to
 10:00 Committee on Equality and Non-Discrimination Room3 • 08:30 to 09:15 Sub-Committee on Media and Information Society of the Committee on Culture, Science, Education and Media Room6 (E/F) • 08:30 to 09:00 Sub-Cmmnittee on the European Social Charter of the Committee on Social Affairs, Health and Sustainable Development Room 7 (ElF) • 08:30 to 10:00 Committee on Migration, Refugees and Displaced Persons • 08:30 to 10:00 Committee on Political Affairs and Democracy • 08:30 tn 10:00 Committee on Legal Affairs and Human Rights Room 8 Room 9 Room 10 • 09:00 to 10:00 Committee on Social Affairs, Health and Sustainable Development Room 7 • 09:15 to 10:00 Sub-Committee on Culture, Diversity and Heritage of the Committee on Culture, Room 6 Science, Education and Media (ElF) • 10:00 *****ASSEMBLY SITTING***** • 14:00 to 15:30 Committee on Equality and Non-Discrimination Room 3 • 14:00 to 15:30 Committee on Social Affairs, Health and Sustainable Development Room 7 e 14:00 to 14:45 Committee on Culture, Science, Education and Media • 14:00 to 15:30 Committee on Political Affairs and Democracy Room 8 Room 9 • 14:00 to 15:30 Committee on the Honouring of obligations and commitments by member states Room 11 of the Council of Europe (Monitoring Committee) • 14:45 to 15:30 Committee on Legal Affairs and Human Rights Room 10 Page 2 of 4 Date and time Meeting Room Languages • 15:30 *****ASSEMBLY SITTING***** WEDNESDAY 22 JUNE 2016 • 08:30 to 10:00 Group of the Unified European Left • 08:30 to 10:00 Group of the European People's Party • 08:30 to 10:00 Socialist Group • 08:30 to 10:00 Alliance of Liberals and Democrats for Europe • 09:00 to 10:00 European Conservatives Group • 10:00 *****ASSEMBLY SITTING***** • 14:00 to 15:30 Committee on Culture, Science, Education and Media • 14:00 to 15:30 Committee on Social Affairs, Health and Sustainable Development • 14:00 to 15:30 Joint hearing with the Committee on Migration, Refugees and Displaced Persons and the Committee on Equaiity and
 Non-Discrimination on 11Spedfic challenges with regard to refugee women" Room3 RoomS Room9 Room 10 RoomS Room6 Room?
Room 8 • 14:00 to 14:30 Sub-committee on relations with the OECD and the EBRD of the Committee on Political Affairs and Democracy Room9 (ElF- to be confinned) • 14:00 to 15:15 Committee on Legal Affairs and Human Rights Room 10 • 14:00 to 15:30 Committee on the Honouring of obligations and commitments by member states of the Council of Europe (Monitoring Committee) Room 11 • 14:30 to 15:00 Sub-Committee on the Middle East and the Arab World of the Committee on Political Affairs and Democracy Room9 (ElF- to be confirmed) • 15:00 to 15:30 Sub-Committee on External Relations of the Committee on Political Affairs and Democracy Room9 (ElF- to be confirmed) • 15:15 to 15:30 Sub-Committee on Crime Problems and the Fight against Tenorism of the Committee on Legal Affairs and Human Rights Room 10 (ElF) • 15:30 *****ASSEMBLY SITTING***** THURSDAY 23 JUNE 2016 • 08:30 to 10:00 Committee on Equality and Non-Discrimination • 08:30 to 10:00 Committee on Social Affairs, Health and Sustainable Development • 08:30 to 10:00 Committee on Political Affairs and Democracy Room3 Room 7 Room9 Page 3 of 4 Date and time Meeting Room Languages • 08:30 to 10:00 Committee on Legal Affairs and Human Rights Room 10 • 08:30 to 10:00 Committee on the Honouring of obligations and commibnents by member states Room 11 of the Council of Europe (Monitoring Committee) • 10:00 *****ASSEMBLY SITTING***** • 14:00 to 15:30 Committee on Culture, Science, Education and Media Room 3 • 14:00 to 15:30 Committee on Social Affairs, Health and Sustainable Development Room 7 • 14:00 to 15:30 Committee on Migration, Refugees and Displaced Persons Room 8 • 14:00 to 15:30 Committee on Rules of Procedure, Immunities and Institutional Affairs Room 10 • 14:00 to 15:30 Committee on the Honouring of obligations and commitments by member states Room 11 of the Council of Europe (Monitoring Committee) • 15:30 *****ASSEMBLY SITTING***** • 15:30 to 17:00 Official ceremony of presentation of the European Diplomas, Committee on Room 5 Social Affairs, Health and Sustainable
 Development (E/F/D/1/TR ) • 20:00 Meeting of the Presidential Committee Room 17 (E/ES) FRIDAY 24 JUNE 2016 • 08:30 to 10:00 Bureau of the Assembly Room 7 • 10:00 *****ASSEMBLY SITTING***** Page 4 of 4 AS/Mon (2016) OJ 05 6 June 2016 amonoj05_2016 Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) Draft agenda for the meeting to be held in camera in STRASBOURG on -Monday 20 June 2016 from 2.00 pm to 3.00 pm (room 11) -Tuesday 21 June 2016 from 2.00 pm to 3.30 pm (room 11) -Wednesday 22 June 2016 from 2.00 pm to 3.30 pm (room 11) -Thursday 23 June 2016 from 8.30 am to 10.00 am (room 11) -Thursday 23 June 2016 from 2.00 pm to 3.30 pm (room 11) Monday 20 June 2016 from 2.00 pm to 3.00 pm (room 11) 1.
Draft agenda [AS/Mon (2016) OJ 05] Adoption of the draft agenda 2.

Draft minutes [AS/Mon (2016) PV 04] Approval of the draft minutes of the meeting held in Paris on 23 May 2016 3.

Post-monitoring dialogue with Turkey Co-rapporteurs: Ms lngebjrNg Godskesen, Norway, EC, and Ms Nata§a Vuckovi6, Serbia, SOC [Doc.
14078 + AS/Mon(2016) 10 addendum] Consideration of an addendum to the draft report on the functioning of democratic institutions in Turkey [Deadline for tabling amendments: Tuesday 21 June at 1 0:30] 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.'
Copy to Secretaries of national delegations, of observer and partner for democracy delegations and of political groups Meeting documents are published on the Parliamentary Assembly extranet website (restricted area for national delegations): http :1 I assembly.

co e. i ntl extra net.


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."

It- 6707-$ SftasboU)'g CeqiDc: I aSSemblWIDco'e.int 1 tel: +33 3 s:a 41 zdo:o: [, fax: +33_ 3 aa 41 2733 AS!Mon(2016)0J05 4.

5.

Russian Federation Co-rapporteurs: Ms Theodora Bakoyannis.

Greece.

EPPICD.
Greece.

EPPICD.

and Ms Liliane Maury Pasquier, Switzerland, SOC Exchange of views on the state of affairs of the monitoring procedure Armenia Co-rapporteurs: Mr Alan Mea/e, United Kingdom, SOC, and Mr Giuseppe Galati, Italy, EPP!CD [AS/Man (2016) 16] Consideration of an information note by the co-rapporteurs on their fact-finding visit to Yerevan (10-12 May 2016) Tuesday 21 June 2016 from 2.00 pm to 3.30 pm (room 11) 6.
Post-monitoring dialogue with Turkey Co-rapporteurs: Ms lngeb}0rg Godskesen, Norway, EC, and Ms Natasa Vuckovi6, Serbia, SOC [Doc.

14078 +Amendments] Consideration of amendments to the resolution on the functioning of democratic institutions in Turkey [Deadline for tabling amendments: Tuesday 21 June at 10:30] 7.

World Forum for Democracy (Strasbourg, 7-9 November 2016) [Concept paper] Appointment of members to the ad hoc Committee of the Bureau to participate in the Forum 8.
Post-monitoring dialogue with Bulgaria Co-rapporteurs: Mr Frank Schwabe, Germany, SOC, and Mr Zso/t Nemeth, Hungary, EPP!CD [Programme] Oral report by the co-rapporteurs on their fact-finding visit to Sofia (8-9 June 2016) Wednesday 22 June 2016 from 2.00 pm to 3.30 pm (room 11) 9.
Preliminary draft reports on countries not under the monitoring procedure stricto sensu or engaged in a post-monitoring dialogue Rapporteur ex officio: Mr Cezar Florin Preda, Romania, EPPICD [AS/Man (2016)12 + 13 + 14] Consideration of preliminary draft reports on: Denmark Finland Germany 10.
Georgia Co-rapporteurs: Mr Boriss Cilevics, Latvia, SOC, and Ms Kerslin Lundgren, Sweden, ALOE [AS/Man (2016) 15] Consideration of an information note by the co-rapporteurs on their fact-finding visit to Tbilisi (2-5 May 2016) 11.
Azerbaijan Co-rapporteurs: Mr Stefan Schennach, Austria, SOC, and Mr Cezar Florin Preda, Romania, EPPICD [Programme] Oral report by the co-rapporteurs on their fact-finding visit to Baku (15-17 June 2016) and on their presence on the occasion of the repeat of the parliamentary elections in constituency No.

90 ( 18 June 2016) 2 AS!Mon(2016)0J05 12.


Bosnia and Herzegovina Co-rapporteurs: Mr Egidijus Vareikis, Lithuania, EPP/CD, and Mr Roger Gale, (United Kingdom, EC [Programme + Statement] Oral report by the co-rapporteurs on their fact-finding visit (13-17 June 2016) Thursday 23 June 2016 from 8.30 am to 10.00 am (room 11) 13.

Functioning of democratic institutions in Poland [Doc.

13978] Appointment of co-rapporteurs 14.

Albania Co-rapporteurs: Mr Andrej Hunko, Germany, VEL, and ....
Appointment of a co-rapporteur to replace Mr Cezar Florin Preda (Romania, EPP/CD) 15.

Venice Commission Exchange of views with Mr Thomas Markert, Director and Executive Secretary of the Venice Commission on the opinions of the Venice Commission requested by the committee on, inter alia, Poland, Spain and Turkey, as well as general trends Thursday 23 June 2016 from 2.00 pm to 3.30 pm (room 11) 16.
Post-monitoring dialogue with "the former Yugoslav Republic of Macedonia" Co-rapporteurs: Ms Lise Christoffersen, Norway, SOC, and Mr Valeriu Ghiletchi, Republic of Moldova, EPP!CD Oral report by the co-rapporteurs on recent developments and the state of implementation of the Przino Agreement Exchange of views with the leaders of VRMO-DPMNE and SDSM parties (to be confirmed) 17.

Meetings and hearing in Tirana, 22-23 September 2016 [AS/Man (2016) 09 +forms] Practical information 18.
Authorisation offact-finding visits 19.

Other business Information documents: State of procedures [ASIMon/lnf (2016) 09] Work programme [ASIMon/lnf (2016) 1 0] 20.
Next meetings Tirana, 22-23 September 2016 Strasbourg, 10-14 October 2016 (during the Assembly part-session) Paris, 9 November 2016 (to be confirmed) Paris, 14 December 2016 (to be confirmed) 3 AS/Pol (2016) OJ 05 7 June 2016 Apoj05_16 Committee on Political Affairs and Democracy Draft agenda of the meetings to be held in Strasbourg, Palais de !

'Europe, on: .

Tuesday 21 June 2016, 08:30 -10:00, room 9 .

Tuesday 21 June 2016, 14:00-15:30 room 9 .


Thursday 23 June 2016, 08:30- 10:00, room 9 Please also note the following meetings of Sub-Committees: Wednesday 22 June 2016, 14:00-14:30, room 9 Sub-Committee on relations with the OECD and the EBRD Wednesday 22 June 2016, 14:30-15:00, room 9 Sub-Committee on the Middle East and the Arab world Wednesday 22 June 2016, 15:00-15:30, room 9 Sub-Committee on External Relations (separate draft agendas) Tuesday 21 June 2016, 08:30- 10:00, room 9 1.
Agenda [AS/Pol (2016) OJ 05] Adoption of the agenda 2.

Minutes [AS/Pol (2016) PV 04] Approval of the minutes of the meeting held in Paris on 24 May 2016 3.

The relations of the Council of Europe with Kazakhstan Rapporteur: Mr Axel Fischer, Germany, EPP/CD [AS/Pol/In!

(2016) 11, Res 1526 (2006)] .

Statement by the Rapporteur on his fact-finding visit to Kazakhstan from 31 May to 2 June 2016 .
Exchange of views with a delegation of members of the Kazakhstan Parliament as well as representatives from the Council of Europe Directorate General of Programmes, the Directorate of External Relations and the Secretariat of the Venice Commission (tbc) This draft agenda, addressed to full 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 are published on the Parliamentary Assembly extranet website (restricted area for national delegations): http://assembly,coe.inUextranet.
ff- 6?

'075 Shasqo}irg Cedex r asSembly@coe.int j tef.

f- 33 3 88 41 20:ft0 J: fTax::+33 3 88 41 29 44 AS/Pol (2016) OJ 05 4.

Political consequences of the conflict in Ukraine Rapporteur: Ms Kristyna Zefienkova, Czech Republic, ALOE [AS/Pol (2016) 10] Consideration of a draft report and vote on a preliminary draft resolution Tuesday 21 June 2016, 14:00-15:30, room 9 5.

6.
6.

Situation in Lebanon and challenges for regional stability and European security Rapporteur: Mr Tobias Zech, Germany, EPP/CO [AS/Pol/In!

(2016) 12] Statement by the Rapporteur on his fact-finding visit to Lebanon from 15 to 16 June 2016 (to be confirmed) Evaluation of the partnership for democracy in respect of the Parliament of Morocco Rapporteur for follow-up: Mr Bogdan Klich, Poland, EPP/CD [Res 2061 (2015)] Statement by the Rapporteur for follow-up to Resolution 2061 (2015) 7.
Work programme [AS/Pol (2016) WP 05] • Call for candidates - Counter-Narratives to Terrorism (for report) [Doc.

14032] -The concern about fiscal, social justice and public trust in our democratic system (for opinion) [Doc.

14034, Doc.

14045, Doc.

14047] Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the "Cairo Declaration"?

(for opinion) [Doc.
(for opinion) [Doc.

13965] • World Forum for Democracy on Education and democracy: how to bridge the social divides?

(Strasbourg, 7·9 November 2016) [Concept paper] Proposal of members to the ad hoc Committee of the Bureau to participate in the Forum Thursday 23 June 2016, 08:30-10:00, room 9 8.

Situation in Belarus Rapporteur: Mr Andrea Rigoni, Italy, ALOE [Statement 09.05.2016, Programme Round Table] .
Statement by the Rapporteur on his participation in the Round Table on Electoral Standards and Electoral Process Improvement in Belarus, Minsk, 18 May 2016 .

Exchange of views with the participation of: -a representative of the House of Representatives of the National Assembly of Belarus - Ms Tatiana Karatkevich, Leader of the civil campaign "Tell the Truth" - Mr Pierre Garrone, Head of the Elections and Political Parties Division, Secretariat of the Venice Commission 2 AS/Pol (2016) OJ 05 9.
The political transition in Egypt Rapporteur: Ms Deborah Bergamini, Italy, EPP/CD Exchange of views with a delegation from the Parliament of Egypt (tbc) 10.

Open discussion on current issues 11.

Authorisations by the Committee 12.

Changes in the composition of the Sub-Committees 13.

Other business 14.

Next meetings • • • • • Paris, 12 September 2016, Sub-Committee on relations with the OECD and the EBRD Reykjavik, 26 September 2016 [AS/Pol/lnf (2016) 03rev, AS/Pol/In!
(2016) 06, formulaire de participation] Strasbourg, during the Assembly's 4'h part-session, 10-14 October 2016 Paris, 7 November 2016 Paris, 15 December2016 3 AS/Jur (2016) OJ 05 7 June 2016 ajoj05 2016 Committee on Legal Affairs and Human Rights Draft Agenda for the meetings to be held in Strasbourg (Palais de I'Europe) on: -Tuesday 21 June 2016 at 8.30-10am (Room 10) -Tuesday 21 June 2016 at 2.45-3.30pm (Room10) -Wednesday 22 June 2016 at 2-3.15pm (Room 10) - [Wednesday 22 June 2016 at 3.15-3.30pm (Room 1 0)1 -Thursday 23 June 2016 at 8.30-10am (Room 10) ] Tuesday 21 June 2016.
8.30am -10am (Room 10) 1.

Agenda [AS/Jur (2016) OJ 05] Adoption of the agenda 2.

Minutes [AS/Jur (2016) PV 03 AS/JUR (2016) PV 04] Approval of the minutes of the meeting held during the April part-session 2016 in Strasbourg and of the minutes of the meeting on 17-18 May 2016 in Rome.

3.

Appointment of Rapporteurs Rapporteur table Doc.
14000] For report: Protecting human rights defenders in Council of Europe member States How to prevent inappropriate restrictions on NGO activities in Europe (Bureau decision) 1 Sub-committee on Crime Problems and the Fight against Terrorism This draft agenda, addressed to full 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 are published on the Parliamentary Assembly extranet website (restricted area for national delegations): http://assembly.coe.int/extranet.
F --!37075_ StiashP:UrQ C~ex I asselTtbivfw!cOe.iht 1- _Tel:+ 33 3 88 41 2p'p;o "I "!fiDe:: +3~ 3 88 41 270~- AS!Jur (2016) OJ 05 4.

Call for candidates: rapporteurs hips (tbc) [Doc .... ] For report: For opinion: 5.

World Forum for Democracy [Concept Paper] Proposal of members to the ad hoc committee of the Bureau attending the World Forum on Democracy on 7-9 November 2016 in Strasbourg 6.

Other business 08.45-iOam 7.


Venice Commission's "Rule of Law Checklist" Exchange of views with the participation of: Mr Pedro Agramunt, the President of the Parliamentary Assembly (tbc) Mr Herd is Kjerulf Thorgeirsdottir, Vice-President of the Venice Commission Ms Marina Kaljurand, Minister for Foreign Affairs of Estonia, Chair of the Committee of Ministers Mr Thorbj0rn Jagland, Secretary General of the Council of Europe (tbc) Tuesday 21 June 2016, 2.45pm- 3.30pm (Room 10) Hearing 2.45-3.30pm 8.
Securing access of detainees to lawyers Rapporteur: Ms Marietta Karaman/i, France, SOC [AS/Jur(2016) 16] Hearing with the participation of: Mr Mark Kelly, Member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) in respect of Ireland, Dublin Ms Heather McGill, Amnesty International, London Ms Marie-Laure Basilien-Gainche , Member of the Trans Europe Experts Network, Professor of Public Law, Jean Moulin University, Lyon 3 Wednesday 22 June 2016, 2pm- 3.15pm (Room 10) 9.
Administrative detention Rapporteur: Lord Richard Balfe, United Kingdom, EC [Doc.

14079 +amendments] Consideration of amendments to the draft resolution 2 AS/Jur (2016) OJ 05 Hearing 2.15-3.15pm 10.
Legal remedies to human rights violations on the Ukrainian territories outside the control of the Ukrainian authorities Rapporteur: Ms Marieluise Beck, Germany, ALOE [AS/Jur (2015) 23] Hearing with the participation of: Mr Mustafa Dzhemilev, representative of the Mejlis of the Crimean Tatars, member of the Ukrainian delegation to the Parliamentary Assembly of the Council of Europe Mr Orner Fisher, Deputy Head of Human Rights at the OSCE's Office for Democratic Institutions and Human Right, Warsaw Wednesday 22 June 2016, 3.15- 3.30pm (for information} Sub-Committee on Crime Problems and the Fight against Terrorism- (Room 10) Thursday 23 June 2016, 8.30am -10am (Room 10} 11.
Transparency and openness in European institutions Rapporteur: Ms Natasa Vuckovic, Serbia, SOC [Doc.

14075 + Doc .... +amendments] Consideration of amendments to the draft resolution and draft recommendation Hearing 8.45-1 Oam 12.
Implementation of judgments of the European Court of Human Rights (9'" report) Rapporteur: Mr Pierre- Yves Le Borgn', France, SOC [AS/Jur (2016) 19] Mr Giorgio Malinverni, former judge at the European Court of Human Rights, Honorary Professor at the University of Geneva Mr Guido Bellatti Ceccoli, Ambassador, Permanent Representative of San Marino to the Council of Europe, Rapporteur of the GR-H group of the Committee of Ministers, Strasbourg Ms Betsy Apple, Advocacy Director, Open Society Justice Initiative, New York 13.
Next meetings Plenary Committee: Paris, 6 September 2016 (Council of Europe Office) Strasbourg, during the Assembly's 4'" part-session of 2016 (10-14 October 2016) Paris, 8 November 2016 (Council of Europe Office), tbc Paris, 13 December 2016 (Council of Europe Office), tbc 3 AS/Soc (2016) OJ 05 9 June 2016 Asocoj05_2016 Draft agenda 1 for the meeting to be held in Strasbourg on Tuesday, 21 June 2016, from 9 to 10 am [Room 7] Tuesday, 21 June 2016, from 2 to 3.30 pm [Room 7] Wednesday, 22 June 2016, from 2 to 3.30 pm [Room 7] Thursday, 23 June 2016, from 8.30 to 10 am [Room 7] Thursday, 23 June 2016, from 2 to 3.30 pm [Room 7] [Sub-Committee on the Europe Prize, room 7 Monday 20 June 2016, from 2 to 2.45 pm Sub-Committee on Environment and Energy, room 7 Monday 20 June 2016, from 2.45 to 3 pm Sub-Committee on the European Social Charter, room 7 Tuesday 21 June 2016, from 8.30 to 9 am Sub-Committee on the Europe Prize, room 5 Thursday 23 June 2016, from 3.30 to 5 pm] Tuesday.
21 June 2016. from 9 to 10 am {Room 71 1.

Agenda [AS/Soc (2016) OJ 05] Adoption of the draft agenda 2.

Minutes [AS/Soc (2016) PV 04] Approval of the draft minutes of the meeting held in Paris on 2 June 2016 1This draft agenda, addressed to full 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 AS/Soc (2016) OJ 05 3.
Climate change: a framework for a global agreement in 2015 [Resolution 1976 (2014)] .Statement by the Chairperson on the follow-up to the 2015 Paris Agreement .Exchange of views with Ms Hakima El Hili, Deputy Minister of Energy and Mines responsible for the Environment, Morocco (host of COP 22 in November 2016) (to be confirmed) 4.
The exploration and exploitation of non-conventional hydrocarbons in Europe Rapporteur: Mr Geraint Davies, United Kingdom, SOC [AS/Soc (2016) 26] Consideration of a preliminary draft report Tuesday, 21 June 2016, from 2 to 3.30 pm [Room 71 5.
Fighting the over-sexualisation of children Rapporteur: Mr Valeriu Ghiletchi, Republic of Moldova, EPPICD [Doc 14080, amendments] .Consideration of amendments .Exchange of views with Ms Maud de Boer-Buquicchio, United Nations Special Representative on the sale of children, child prostitution and child pornography 6.

Committee's work programme 6.

1.

Consideratkm of draft motions for a resolution/recommendation with a view to adoption by the Committee for tabling [AS/Soc (2016) ... ] 6.2.
World Forum for Democracy, Strasbourg, 7-9 November 2016 [Concept paper] .

Information on the Forum and appointment of members to the ad hoc Committee of the Bureau 7.

Human rights and ethical issues related to surrogacy Rapporteur: Ms Petra De Sutter, Belgium, SOC [AS/Soc (2016) 25] Consideration of a draft report Wednesday, 22 June 2016, from 2 to 3.30 pm [Room 71 8.
Human rights and ethical issues related to surrogacy (continued) Rapporteur: Ms Petra De Sutter, Belgium, SOC [AS/Soc (2016) 25] Consideration of a draft report and adoption of a draft resolution and a draft recommendation Thursday, 23 June 2016, from 8.30 to 10 am [Room 71 9.

The concern about fiscal, social justice and public trust in our democratic system Rapporteur: Mr Stefan Schennach, Austria, SOC [AS/Soc (2016) 27] .

Consideration of an introductory memorandum .


Hearing with the participation of experts 2 AS/Soc (2016) OJ 05 Thursday, 23 June 2016, from 2 to 3 pm {Room 71 10.

Road safety in Europe as a public health priority Rapporteur: Ms Naira Karapetyan, Armenia, EPP!CD [Doc 14081, amendments] Consideration of amendments 11.

Committee's work programme [AS/Soc (2016) 01 rev4, AS/Soc (2016) 02rev4] 11.

1.

Appointment of rapporteurs: For opinion [Doc.


13905] v" Jurisdictional immunity of international organisations and rights of their staff 11.

2.

Appointment of Committee representatives to external events: 1st meeting of the Ad hoc Committee for the Rights of the Child (CAHENF), Strasbourg, 28-29 September 2016 11.3.

Reports from Committee representatives to external events: 12.

Changes in the Sub-Committees [List of the Sub-Committees] 13.
Sub-Committee on the Europe Prize Report of the Chairperson of the Sub-Committee on its meeting held in Strasbourg on Monday 20 June 2016 14.

Sub-Committee on Environment and Energy Report of the Chairperson of the Sub-Committee on its meeting held in Strasbourg on Monday 20 June 2016 15.

Sub-Committee on the European Social Charter Report of the Chairperson of the Sub-Committee on its meeting held in Strasbourg on Tuesday 21 June 2016 16.

Any other business National developments 17.
Date and place of next meetings Plenary committee: Wednesday, 21 September 2016, Paris (Council of Europe Office); Fourth part-session 2016 of the Assembly, 1 0-14 October 2016, Strasbourg; Wednesday 30 November and Thursday 1 December 2016, UNICEF Innocenti Research Centre, Florence, Italy (to be confirmed, subject to Bureau authorisation); Sub-Committee on the Europe Prize: Friday 8 July and Saturday 9 July 2016, Girona (Spain), Presentation ceremony of the 2016 Europe Prize; 3 AS/Soc (2016) OJ 05 Network of Contact Parliamentarians to stop sexual violence against children: Thursday 1 December 2016, UNICEF Innocenti Research Centre, Florence, Italy (to be confirmed, subject to Bureau authorisation).
4 lLJ;;:-- Parliamentary Assembly lffL~ Assemblee parlementaire ~~~ :==:=-:: d"Bmff~· dfir:t!.~"mJi!f# tti"F m 1f"T"F ii&P PL§#A&&-~ CONSEIL DE l:EUROPE AS/Mig (2016) OJ 05 10 June 2016 amoj05_2016 Committee on Migration, Refugees and Displaced Persons Draft agenda of the meeting to be held in Strasbourg on Monday, 20 June 2016, from 2.00 to 3.00 pm (Room 8) - Tuesday, 21 June 2016, from 8.30 to 10 am (Room 8) - Wednesday, 22 June 2016, from 2.00 to 3.30 pm (Room 5) - Thursday, 23 June 2016, from 2.00 to 3.30 pm (Room 8) 1.
2.

3.

4.

Agenda [AS/Mig (2016) OJ 05] Adoption of the agenda Minutes [AS/Mig (2016) PV 04] Approval of the draft minutes of the meeting held in Paris on 3 June 2016 Statement by the Chair of the Committee [AS/Bur/CB (2016) 07] Refugees at risk in Greece Rapporteur: Ms Tineke Strik, Netherlands, SOC [Doc.

14082] [AS/Mig (2016) 17] [Draft amendments to Doc.
14082] Approval of an addendum to the report Consideration and adoption of amendments proposed by the rapporteur on behalf 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 national delegations, of observer and partner for democracy delegations and of political groups Meeting documents are published on the Parliamentary Assembly extranet website (restricted area for national delegations): http://assembly.coe.inVextranet.
It- sto-ts sti:asbo~Cecfex I 8ssethh1Y@cpe;ir:ill Tel: +33 3 88 41 2Qo)j-!

!tax: +33 3 a'~:-4-1-2797 AS/Mig (2016) OJ 05 5.

6.

7.

8.

9.
Declaration on the occasion of World Refugee Day (20 June) [Declaration] Adoption of a declaration proposed by the Chairperson of the Committee on behalf of the Committee Follow-up to Resolution 2112 (2016) on "The humanitarian concerns with regard to people captured during the war in Ukraine" (Rapporteur: Ms Nellija Kleinberga, Latvia, ALOE) [Resolution2112 (2016)] Exchange of views with the participation of Ms Nadiia Savchenko (Ukraine, EPP/CD) Refugees at risk in Greece Rapporteur: Ms Tlneke Strik, Netherlands, SOC [Doc.
14082] [Doc.

14082 Add] [Amendments to Doc.
14082] Consideration of possible amendments tabled to the draft resolution [Assembly debate: Tuesday 21 June 2016 at 10.00 am] [Deadline for tabling amendments: Monday 20 June 2016 at 4.00 pm] Integration of refugees in times of critical pressure: learning from recent experience and examples of best practice Rapporteur: Ms Susanna Huovinen, Finland, SOC [AS/Mig (2016) "'] Consideration of an introductory memorandum A comprehensive humanitarian and political response to the migration and refugee crisis in Europe Rapporteur: Mr Duarte Marques, Portugal, EPPICD [AS/Mig (2016) "'] Consideration of an introductory memorandum 10.
The impact of European population dynamics on migration policies Rapporteur: Ms Kristin 0rmen Johnsen, Norway, EPPICD [AS/Mig/lnf (2016) 19] Statement by the rapporteur on her fact-finding visit to Berlin (31 May 2016) 11.
Parliamentary Campaign to end immigration detention of children [AS/Mig/lnf (2016) 14] [AS/Mig/lnf (2016) 15] ~ Seminar on "Alternatives to the immigration detention of children from a legal, practical and implementation perspective" (The Hague, Netherlands, 19 May 2016) ~ Seminar on "Promoting alternatives to the immigration detention of children in Switzerland" (Bern, Switzerland, 16 June 2016) Statement by Ms Doris Fiala (Switzerland, ALOE), General Rapporteur on Ending Immigration Detention of Children 2 12.
Recommendation 2075 (2015) on "Countries of transit : meeting new migration and asylum challenges" (Rapporteur: Ms Tineke Strik, Netherlands, SOC) [Recommendation 2078 (2015)] [Doc.

14063] Consideration of the reply from the Committee of Ministers to Recommendation 2075 (2015) AS/Mig (2016) OJ 05 13.

World Forum for Democracy (Strasbourg, Council of Europe, 7-9 November 2016) [Concept paper] Appointment of members 14.
Joint hearing with the Committee on Equality and Non-Discrimination Hearing on "Discrimination and violence against women refugees" with the participation of: v' Ms Mina Jaf, Women refugees rights activist v' A representative of the United Nations High Commissioner for Refugees (UNHCR) v' Dr Richard Matis, Vice-Chair of Gynecology without Borders, France v' Testimony 15.

Violence against migrants Rapporteur: Mr Andrea Rigoni, Italy, ALDE [Doc.

14066] [Amendments to Doc.


14066] Consideration of possible amendments tabled to the draft resolution [Assembly debate: Friday 24 June 2016 at 10.00 am] [Deadline for tabling amendments: Thursday 23 June 2016 at 10.30 am] 16.

17.

Work programme [AS/Mig/WP (2016) 05] Composition of the Sub-Committees [AS/Mig/List (2016) "'"] Possible modifications of the composition of the Sub-Committees 18.

Free debate 19.

Other business 20.
Next meetings • Paris, 22 September 2016 • Strasbourg, during the 4th part-session 2016 (10-14 October) • Paris, 7 December 2016 3 AS/Cult (2016) OJ 05 7 June 2016 AAC OJ05_16 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 2016 from 2 pm to 2.45 pm (Room 8) Wednesday 22 June 2016 from 2 pm to 3.30 pm (Room 6) Thursday 23 June 2016 from 2 pm to 3.30 pm (Room 3) Please note: Monday 20 June 2016 from 2 pm to 3 pm (Room 10): Meeting of the Sub-Committee on Education, Youth and Sport Tuesday 21 June 2016 from 8.30 am to 9.15 am (Room 6): Meeting of the Sub-Committee on Media and Information Society Tuesday 21 June 2016 from 9.15 am to 10 am (Room 6): Meeting of the Sub-Committee on Culture, Diversity and Heritage Tuesday 21 June 2016 from 2 pm to 2.45 pm (Room 8) 1.
Agenda [AS/Cult (2016) OJ 05] Adoption of the agenda for the meeting 2.

Minutes [AS/Cult (2016) PV 04] Approval of the minutes of the meeting held in Paris on 1 June 2016; matters arising from the minutes 3.
Online media and journalism: challenges and accountability Rapporteur: Ms Adele Gambaro, Italy, ALOE [AS/Cult (2016) 19] Consideration of a preliminary draft report 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 :/1 assembly.
co e. i nt/ extra net.

AS/Cult (2016) OJ 05 4.

World Forum for Democracy- Strasbourg, 7-9 November 2016 [Concept paper] Designation of members for the ad hoc committee of the Assembly Bureau 5.

References to the committee and appointment of rapporteurs 1 Appointment of rapporteurs following references for report': Safeguarding and enhancing Europe's intangible cultural heritage (Doc.

14041) Reshaping the role of education for "digital citizens" (Doc.
14042) The value of cultural heritage in a democratic society (Doc.

14026) Appointment of a new rapporteur': - Co-ordination for efficient Internet governance (Doc.

13280) Wednesday 22 June 2016 from 2 pm to 3.30 pm (Room 6) 6.

Culture and democracy Rapporteur: Ms Vesna Marjanovic, Serbia, SOC [Doc.
14070] Debate in the Assembly: Wednesday 22 June afternoon (tbc) Deadline for amendments: Tuesday 21 January at 4 pm (tbc) Consideration of amendments to the draft resolution and to the draft recommendation 7.

Educational and cultural networks of communities living abroad Rapporteur: Mr Pierre-Yves Le Borgn', France, SOC [Doc.
14069; Doc .... ] Debate in the Assembly: Wednesday 22 June afternoon (tbc) Deadline for amendments: Tuesday 21 January at 4 pm (tbc) Consideration of amendments to the draft resolution 8.
The legitimacy crisis in international sports governance Rapporteur: Mr Mogens Jensen, Denmark, SOC [AS/Cult (2016) 20] Consideration of an introductory memorandum and hearing with: Mr Jens Sejer Andersen, International Director, Play the Game Danish Institute for Sports Studies Ms Deborah Unger, Project Manager, Publisher of the "Global Corruption Report - Sport", Transparency International (via video-conference) Ms Wendela Kuper, Chairperson of the Governing Board of the Council of Europe Enlarged Partial Agreement on Sport (EPAS) and Co-ordinator of the Dutch Presidency in the field of sport Mr Andreas Selliaas, freelance researcher and commentator, Norway 1 This item may be taken at any time 2 Subject to Bureau's decision and ratification by the Assembly 3 Subject to the proposal by the Sub-Committee on Media and Information Society 2 AS/Cult (2016) OJ 05 Thursday 23 June 2016 from 2 pm to 3.30 pm (Room 3) 9.
Technological convergence, artificial intelligence and human rights Rapporteur: Mr Jean- Yves Le De aut, France, SOC [AS/Cult (2016) 21] Consideration of an introductory memorandum 10.

Parliamentary scrutiny over corruption: parliamentary co-operation with investigative media Rapporteur: Ms GOlsOn Bi/gehan, Turkey, SOC [AS/Cult (2016) 18] Consideration of an information memorandum 11.

Replies from the Committee of Ministers4 12.

Membership of the sub-committees• [AS/Cult (2016) 02 bil- June] 13.
Committee work programme4 [AS/Cult (2016) 01 -June] 13.1 Reports on recent meetings 13.2 Approval of rapporteurs' fact finding visits 13.3 Designation of representatives for forthcoming events 13.4 Sub-Committees 14.

Other business 15.
Next meetings Sub-committees meetings: Sub-Committee on Media and Information Society, Berlin, 4 July 2016 Committee meetings: Kyiv, 19-20 September 2016 Strasbourg, 41 Paris, 8-9 December 2016 " part-session (10-14 October 2016) 4 This item may be taken at any time 3 AS/Ega (2016) OJ 05 9 June 2016 Aegaoj05_2016 Committee on Equality and Non-Discrimination Draft agenda of the meeting to be held in Strasbourg : on Tuesday 21 June 2016, from 8.30 to 1 Oam, room 3 on Tuesday 21 June 2016, from 2 to 3.30pm, room 3 on Wednesday 22 June 2016 from 2 to 3.30pm, room 5: joint hearing with the Committee on Migration, Refugees and Displaced Persons on Thursday 23 June 2016, from 8.30 to 10am, room 3 Tuesday 21 June 2016, from 8.30 to 10am, room 3 1.
Agenda [AS/Ega (2016) OJ 05) Adoption of the draft agenda.

2.
Minutes [AS/Ega (2016) PV 04; AS/Ega/network (2016) PV03/AS/Ega/gender (2016) PV02; AS/Ega/alliance (2016) PV 01) Approval of the draft minutes of the joint meeting of the Sub-Committee on Gender Equality and the Parliamentary Network Women Free from Violence, held in Berlin on 12 May 2016; 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 These documents are published on PACE extranet website (restricted area for PACE Members) when they become available: http://assembly.coe.intlextranet F- 67075- sti:a'sb~ofirn <*f~- I assembly@coe.int ·1 "T~i: !- 33 3 68 41 ~ft.® I f,"ax: f33 3 9:0 .
?1_ 5~52 AS/Ega (2016) OJ 05 Approval of the draft minutes of the meetings of the Committee on Equality and Non Discrimination and of the No Hate Parliamentary Alliance, held in Stockholm on 17-18 May 2016.

3.

Communication from the Chairperson 4.

5.


Communication on the priorities of the Estonian Chairmanship of the Committee of Ministers of the Council of Europe presented to the PACE Standing Committee on 27 May 2016, on the cooperation with the Council of Europe bodies, the United Nations and the European Union, and on the project "Women in public space".
The protection of the rights of parents and children belonging to religious minorities Rapporteur: Mr Valeriu Ghiletchi, Republic of Moldova, EPP/CD [AS/Ega (2016) 24] Consideration and approval of a draft report; adoption of a draft resolution and a draft recommendation.
The political rights of persons with disabilities: a democratic issue Rapporteur: Ms Mechthild Rawer!, Germany, SOC [AS/Egallnf (2016) 11] Exchange of views on the replies received to the questionnaire sent by the rapporteur, with the participation of Ms Liri Kopaci-Di Michele, Head of the Equality Division, Directorate General on Democracy, Council of Europe.

6.
6.

Female genital mutilation in Europe Rapporteur: Ms Beatrice Fresko-Rolfo, Monaco, EPP/CD [AS/Ega (2016) 25] Consideration of a preliminary draft report.

Tuesday 21 June 2016, from 2 to 3.30pm, room 3 7.

Women in the armed forces: promoting equality, putting an end to gender-based violence Rapporteur: Ms Maryvonne Blondin, France, SOC [Doc.

14073] Consideration of possible amendments to the draft resolution.

8.
8.

Ending cyberdiscrimination and online hate Rapporteur: Ms Marit Maij, Netherlands, SOC [AS/Ega (2016) 26] Consideration of an information memorandum.

9.
9.

Council of Europe No Hate initiatives [AS/Ega/AIIiance/NationaiSeminar (2016) OJ01; AS/Ega/lnf (2016) 12] Communication by the General Rapporteur on racism and intolerance about the activities of the No Hate Parliamentary Alliance; Presentation of the No Hate Speech Campaign by Mr Matthew Johnson, Director, Council of Europe Directorate of Democratic Citizenship and Participation.

10.
Reporting back Ms Milena Santerini (Italy, SOC) on her participation in a conference on "The Righteous of our time against Fanatism, for Dialogue and Hospitality" organised by the European Parliament on the occasion of the European Day of the Righteous, on 25 May 2016, in Brussels (Belgium); 2 Mr Florian Kronbichler (Italy, SOC) on his participation in the 2nd meeting of the Council of Europe Dialogue with Roma and Traveller Organisations, organised by the Special Representative of the Secretary General for Roma Issues, on 2-3 June 2016, in Strasbourg (France).
AS/Ega (2016) OJ 05 11.

Sub-Committee on the Rights of Minorities [Doc.

13899, Doc.

14064] Communication by the Chairperson of the Sub-Committee.

12.

Work programme [AS/Ega/In!

(2016) 01 rev03; AS/Ega (2016) 27; Resolution 2093 (2016); Doc.

13981; Doc.
14046] Appointment of rapporteurs for report on: • • • Women in public space: putting an end to sexual violence and street harassment (follow up to Resolution 2093 (2016), referred to the Committee by the Bureau of the Assembly on 29 January 2016); Promoting diversity and equality in politics, motion for a resolution tabled by Ms Kate Osamor (United Kingdom, SOC) and other members of the Assembly; Women's empowerment in the economy, motion tor a resolution tabled by Ms Elena Centemero (Italy, EPP/CD) and other members of the Assembly (subject to referral by the Bureau and ratification by the Assembly on 24 June 2016).
Wednesday 22 June 2016, from 2 to 3.30pm, room 5: joint hearing with the Committee on Migration, Refugees and DisplaGed Persons (hearing organised in the context of Committee work on Women in public space) 13.
Discrimination and violence against women refugees [ASIEga(2016)21 rev] Hearing with the participation of: Ms Mina Jaf, Women refugees rights activist; A representative of the United Nations High Commissioner for Refugees; Dr Richard Matis, Vice-Chair of Gynecology without Borders (France); Testimony.

Presentation by Ms Gisela Wurm (Austria, SOC) of an introductory memorandum on her report on "Protecting refugee women from gender-based violence".

Thursday 23 June 2016, from 8.30 to 10am, room 3 14.
Women in public space: hearing on women's empowerment in the economy Hearing with the participation of: Ms Valerie Frey, Researcher, Gender Equality team, OECD.

15.

Work programme [Doc.

13892; Doc.

13956] Consultation on the follow-up to be given to the motion for a resolution tabled by Mr Jonas Gunnarsson (Sweden, SOC) and other members of the Assembly on Private and family life: achieving equality regardless of sexual orientation (Doc.
13956); 3 AS/Ega (2016) OJ 05 Declaration of absence of conflict of interest from Ms Gisela Wurm (Austria, SOC) for the report "Gender equality and child maintenance".

16.

World Forum for Democracy [Programme] 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 from 7 to 9 November 2016 in Strasbourg, at no cost for the Assembly.

17.
Appointment of representatives [Invitation letter, concept paper] Invitation to a seminar on "Confronting Anti-Gypsyism: The role of political leaders in countering discrimination, racism, hate crimes and violence against Rom a and Sinti communities", event of the OSCE Chairman in Office hosted in co-operation with the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the OSCE Parliamentary Assembly, the Council of Europe and the Central Council of German Sinti and Roma, to be held on 6 September 2016 in Berlin (Germany), subject to the availability of funds.
18.

Free debate 19.

Any other business 20.

Next meetings Paris (Senate, Palais du Luxembourg), 9 September 2016; Strasbourg, during the 4th Part-Session 2016 of the Assembly (1 0-14 October 2016) ; Paris, 5 December 2016.
4 t Parliamentary Assembly ~-,~))) ~ ~~~~QU/dfMihQt& MHTW Assemblee parlementaire !ffftiffiTjp 2016 ORDINARY SESSION Third part 20-24 June 2016 TEXTS ADOPTED BY THE ASSEMBLY Provisional versions Table of contents Recommendations Recommendation 2092 (2016) Fighting the over-sexualisation of children (Doc.

14080) Recommendation 2093 (2016) Culture and democracy (Doc.

14070) Recommendation 2094 (2016) Transparency and openness in European institutions (Doc.
14075) Recommendation 2095 (2016) Parliamentary immunity: challenges to the scope of the privileges and immunities enjoyed by members of the Parliamentary Assembly (Doc.

14076) Resolutions Resolution 2118 (2016) Refugees in Greece: challenges and risks- A European responsibility (Doc.

14082) Resolution 2119 (2016) Fighting the over-sexualisation of children (Doc.

14080) Resolution 2120 (2016) Women in the armed forces: promoting equality, putting an end to gender based violence (Doc.
14073) Resolution 2121 (2016) The functioning of democratic institutions in Turkey (Doc.

14078) Resolution 2122 (2016) Administrative detention (Doc.

14079) Resolution 2123 (2016) Culture and democracy (Doc.

14070) Resolution 2124 (2016) Educational and cultural networks of migrant and diaspora communities (Doc.

14069) Resolution 2125 (2016) Transparency and openness in European institutions (Doc.
14075) Resolution 2126 (2016) Resolution 2127 (2016) The nature of the mandate of members of the Parliamentary Assembly (Doc.

14077) Parliamentary immunity: challenges to the scope of the privileges and immunities enjoyed by members of the Parliamentary Assembly (Doc.

14076) Resolution 2128 (2016) Violence against migrants (Doc.

14066) Resolution 2129 (2016) Road safety in Europe as a public health priority (Doc.
14081) Recommendations 2092 to 2095 ' t Parliamentary Assembly Assemblee parlementaire ~-.,~ =-~:...-'/.../ -- - ~~~...l'l0B'±~!$-i1M"*'#%'i*¥J&&MJ~-i~e:li· -llfl1lleRRRee&~lilliltfililtfililee!lll CONSEIL DE CEUROPE Recommendation 2092 (2016)1 Provisional version Fighting the over-sexualisation of children Parliamentary Assembly 1.
Referring to its Resolution 2119 (2016) on fighting the over-sexualisation of children, the Parliamentary Assembly calls on the Committee of Ministers to ensure that the issue is addressed within the programme "Building a Europe for and with Children" and in particular the new Council of Europe Strategy for the Rights of the Child (2016-2021), as well as in the work programmes of other relevant Council of Europe bodies.

2.
More specifically, the Assembly invites the Committee of Ministers to: 2.1. transmit the said resolution to the governments of member States; invite the new Ad hoc Committee for the Rights of the Child (CAHENF) to take into account the 2.2. recommendations presented in the said Resolution 2119 (2016), and to develop a specific activity aimed at fighting the over-sexualisation of children, as well as to support targeted activities carried out by other bodies of the Council of Europe in a transversal manner; 2.3. as regards the activities of other Council of Europe bodies: 2.3.1. aimed at fighting the over-sexualisation of children; ask the Gender Equality Commission (GEC) to develop new standards specifically ask the Steering Committee on Media and Information Society (CDMSI) to put a 2.3.2. stronger emphasis on the protection of children, in the context of its activities on human rights for Internet users.
1.

Assembly debate on 21 June 2016 (22nd Sitting) (see Doc.

14080, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Mr Valeriu Ghiletchi).

Text adopted by the Assembly on 21 June 2016 (22nd Sitting).

,, i j, Recommendation 2093 (2016)1 Provisional version Culture and democracy Parliamentary Assembly 1.
The Parliamentary Assembly, referring to its Resolution 2123 (2016) on culture and democracy, stresses that culture is a powerful tool for preventing radicalisation and empowering civil society in building democratic citizenship.

The Council of Europe has a long-standing experience in the field of culture and democratisation and has to stay at the forefront of positioning culture as an integral part of the democratic process.

2.
2.

In this respect, the Assembly fully supports the intergovernmental work on developing a "soft power" policy and information tools to assist member States in shaping new cultural and intercultural processes and welcomes the effort to integrate the activities from different sectors into the Action Plan on Building Inclusive Societies (2016-2019).

· 3.
Accordingly, the Assembly recommends that the Committee of Ministers: 3.1. encourage co-operation between different sectors of the Council of Europe to develop innovative approaches to cultural policies and diversity management, seeking to deliver policy guidance on how member States could better integrate cultural activities into the education system, and improving access to culture for marginal/sed and underprivileged children and youth; 3.2. provide support for projects that aim to integrate cultural activities into other policy sectors such as health and social services (in particular for the elderly and people with disabilities), prisons and penitentiary rehabilitation schemes; launch the Indicator Framework on Culture and Democracy (IFCD) as an important tool to 3.3. promote political commitment and investments in the cultural sphere at all levels (local, regional, national and European).
4.

The Assembly considers the recent European Union Strategy for international cultural relations to be an important step forward and in line with a message that culture has to be mainstreamed in political decision making and therefore invites the Committee of Ministers and the European Union to intensify their exchanges on and increase their projects in promoting European cultural values.

1.

Assembly debate on 23 June 2016 (25th Sitting) (see Doc.
14070, report of the Committee on Culture, Science, Education and Media, rapporteur: Ms Vesna Marjanovic).

Text adopted by the Assembly on 23 June 2016 (25th Sitting).

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!IIi1 CONSEJL DE LEUROPE Recommendation 2094 (2016)1 Provisional version Transparency and openness in European institutions Parliamentary Assembly Referring to its Resolution 2125 (2016) on transparency and openness in European institutions, the 1.
Parliamentary Assembly recommends that the Committee of Ministers: 1.1. finalise without delay its work on a legal instrument on the regulation of lobbying activities; reflect on the role of extra-institutional actors in the Council of Europe and on the need to take 1.2. measures to regulate their activities, where necessary; draft a comparative study and a regulatory impact analysis on the regulation of lobbying 1.3. activities in Council of Europe member States; urge States that have not yet done so, to sign and/or ratify the Convention on Access to Official 1.4.
Documents (CETS No.

205); intensify co-operation with the European Union for the purpose of its accession to the 1.5.

Convention on Access to Official Documents and the Criminal Law Convention on Corruption (ETS No.

173) and its participation in the Group of States against Corruption (GRECO).

1.

Assembly debate on 23 June 2016 (26tll Sitting) (see Doc.

14075, report of tile Committee on Legal Affairs and Human Rights, rapporteur: Ms NataSa VuCkovi6; and Doc.
14096, opinion of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Ms Chiara Taktakishvili).

Text adopted by the Assembly on 23 June 2016 (26th Sitting).

t Parliamentary Assembly Assemblee parlementaire ~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Recommendation 2095 {2016)1 Provisional version Parliamentary immunity: challenges to the scope of the privileges and immunities enjoyed by members of the Parliamentary Assembly Parliamentary Assembly 1.
The Parliamentary Assembly reiterates that its members are covered by rules of immunity established by a set of provisions drawn from the Statute of the Council of Europe ((ETS No.1), the General Agreement on Privileges and Immunities of the Council of Europe and its Protocol (ETS No.2 and 1 0) and the Assembly's Rules of Procedure.

2.
Under the General Agreement on Privileges and Immunities of the Council of Europe, concluded in application of Article 40 of the Statute, the members of the Parliamentary Assembly enjoy three types of protection: parliamentary non-liability, guaranteed by Article 14 of the General Agreement, which makes 2.1. them immune from any judicial proceedings - criminal, civil and administrative - in respect of an opinion expressed or a vote cast in the performance of their parliamentary duties, and is designed to protect the independence of members of the Assembly and ensure their freedom of judgment.
expression and decision; 2.2. parliamentary inviolability (Article 15 of the General Agreement), which protects them against any arrest, detention or judicial proceedings outside the national territory in the territory of any other member State, in addition to the national immunity they enjoy in their own State; 2.3. free movement (Article 13 of the General Agreement).

3.
3.

As stated in Rule 67 of the Assembly's Rules of Procedure and pointed out in its Resolution 2127 (2016) on parliamentary immunity: challenges to the scope of the privileges and immunities enjoyed by members of the Parliamentary Assembly, these immunities are granted in order to preserve the integrity of the Assembly and to safeguard the independence of its members in exercising their European mandate.

4.
4.

The Assembly strongly condemns the breaches by some Council of Europe member States of the status of privileges and immunities of Assembly members, and especially of the principle of free movement, and expects the Committee of Ministers to call on member States to act in strict compliance with their obligations under the above-mentioned provisions of the Statute of the Council of Europe and the General Agreement on Privileges and Immunities and its protocol and to guarantee their effective application.
1.

Assembly debate on 23 June 2016 (26th Sitting) (see Doc.

14076, report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Ms Liliana Pallhovici).

Text adopted by the Assembly on 23 June 2016 26 ( th Sitting).

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Resolution 2118 (2016)1 Provisional version Refugees in Greece: challenges and risks- A European responsibility Parliamentary Assembly Europe's panicked response to the refugee and migration crisis is crushing Greece between two brutal 1. realities: the closure by "the former Yugoslav Republic of Macedonia" of its border with Greece and the imposition of the European Union-Turkey Agreement (EU-Turkey Agreement) in the Aegean islands.
This has blocked 46 000 refugees and migrants in mainland Greece and a further 8 500 on the islands.

Greece has been left bearing a grotesquely disproportionate burden simply because of its place on the map; yet in every other respect it is perhaps the least well-placed of all European Union countries to bear this responsibility.

2.
2.

The Greek asylum system has long suffered from a series of failings, found by the European Court of Human Rights in 2011 to give rise to violations of the European Convention on Human Rights (ETS No.

5).
5).

Despite the efforts of the Greek authorities and progress in some areas, the underlying structural problems remain largely unresolved today, at a time when the asylum system is being placed under greater strain than ever and the government is confronted by enormous political, administrative and budgetary challenges also in other areas.
Much of the responsibility for the current situation falls to the European Union, which has tacitly 3. supported the closure of borders along the western Balkans route and concluded the 16 March Agreement with Turkey.

The European Union has nevertheless until now failed to provide adequate support to Greece or ensure that responsibility is shared equitably amongst its member States.
In particular, European Union member States have collectively failed to satisfy the requests for seconded staff to ensure that the Greek asylum system can operate effectively, especially on the Aegean islands where most asylum seekers are detained; and they have collectively failed to respond in any meaningful way to the 2015 agreements on relocation of recognised refugees.
Whilst financial support has been forthcoming, money alone will solve nothing without the administrative capability and structural capacity in Greece to spend it effectively.

4.

The refugee and migrant crisis in the eastern Mediterranean must be fully accepted as a European and global problem and not only a Greek one.
The only effective response will be based on respect for the human rights of refugees and migrants, in accordance with the fundamental values common to the Council of Europe, the European Union and their member States, and on genuine solidarity and the practical sharing of responsibility.
There must be grave doubts as to whether the current situation is sustainable, however, with tens of thousands of refugees and migrants still living in camps where conditions do not meet international standards; the situation on the Aegean islands continuing to deteriorate since the EU-Turkey Agreement; and the asylum system on the mainland remaining dysfunctional.
There are two essential conditions for the situation in Greece to become sustainable: the rapid registration and processing of all asylum applications, which depends primarily on the Greek authorities, with European Union support; and the prompt fulfilment of States' relocation obligations, which depends mainly on other countries.

Unless both of these conditions are met, there is a serious risk of a severe humanitarian crisis in Greece.

1.

Assembly debate on 21 June 2016 (21st Sitting) (see Doc.
14082 and addendum, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Ms Tineke Strik).

Text adopted by the Assembly on 21 June 2016 (21st Sitting).

,, Resolution 2118 (2016) The first victims of the situation in Greece are the refugees and migrants.
The Parliamentary Assembly 5. is particularly concerned by the following aspects: 5.1. on the Aegean islands, asylum seekers who have been convicted of no crime are detained in the "hotspots" on dubious legal grounds, in conditions that fall below the standards expected of prisons, in administrative limbo with little information on their situation and complete uncertainty as to their future; vulnerable persons, including women and children, are held in the hotspots alongside angry, 5.2. frustrated young adults, exposed to risks of violence, exploitation and abuse; asylum seekers on the Aegean islands are at risk of return to Turkey under the EU-Turkey 5.3.
Agreement of 18 March 2016, despite the fact that such returns appear incompatible with European Union and international law; 5.4. conditions in most of the reception facilities on the mainland, many of which are entirely unsuited to such use, fall far below acceptable standards in such basic areas as overcrowding, shelter, food, sanitation and medical care.
Again, many children are forced to endure these conditions; thousands of others, again including children, live in informal camps in conditions even more 5.5. squalid and hazardous than those in the reception centres; 5.6. refugees and migrants are too often detained as, despite policy reforms, the authorities still fail to assess and review the individual necessity and proportionality of detention or to apply alternatives systematically.
Conditions in immigration detention centres also remain seriously substandard; to problems with the rights and interests of unaccompanied and separated children are not effectively protected 5.7. due the guardianship system, appropriate accommodation capacity and provision of information.
Many unaccompanied and separated children are detained, purportedly for their own protection, in degrading conditions in police stations clearly unsuited to the purpose; the age assessment system, it is still far from clear whether the recent extensive reforms of the asylum system will ensure that 5.8. previously lacking fundamental procedural guarantees are provided when determining asylum applications.

6.

The Assembly therefore calls on the Greek authorities to: 6.1 .
ensure that detention conditions in the hotspots meet international standards, implementing any technical recommendations that may be made by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) in its preliminary observations following its April2016 visit; apply and regularly review the grounds for detention in the hotspots, ensuring their strict 6.2. compliance with the provisions of the European Convention on Human Rights, and screen all current detainees and new arrivals to ensure that vulnerable persons are accommodated in appropriate facilities; promptly release those whose continued detention in the hotspots can no longer be justified and 6.3. immediately release all children and their parents or accompanying adults; ensure that there is sufficient open reception capacity, of appropriate type and quality, available 6.4. for all non-detained asylum seekers on the islands; ensure that the inadmissibility procedure for asylum applications by persons arriving from Turkey 6.5. is applied in strict compliance with European Union and international law; 6.6. ensure provision on the mainland of sufficient reception places of appropriate type and quality for all asylum seekers, including all those currently occupying informal camps, and to make the improvements to existing facilities that are necessary for them to meet international standards, in co operation with the Office of the United Nations High Commissioner for Refugees (UNHCR) and relevant non-governmental organisations, prioritising the needs of vulnerable groups such as children and women; 6.7. only detain migrants and especially asylum seekers when strictly necessary and proportionate, and ensure that immigration detention conditions meet international standards, implementing fully the March 2016 report of the CPT; 2 Resolution 2118 (2016) 6.8. guarantee the rights and interests of unaccompanied and separated children, including by ensuring that the age assessment procedure is properly applied in all contexts, reinforcing the guardianship system with the creation of a support mechanism for prosecutors, providing sufficient, appropriate accommodation places, avoiding all recourse to detention of these children, and providing them with information and advice on their situation and rights; ensure that the reformed asylum system is promptly made fully operational, that the pre 6.9. registration exercise is completed quickly and effectively, that the backlog of applications and appeals is rapidly cleared and that new applications are swiftly processed, in full compliance with European Union standards and those of the European Convention on Human Rights; 6.10. publish consistent, coherent, clear, complete and comprehensible information on the situation concerning the hotspots, detention, reception capacity, the asylum procedure and progress made in processing applications, and the operational capacity and activities of the Asylum Service.
The Assembly also calls on the European Union, its member States and States participating in the 7. relocation scheme, as appropriate, to: respond promptly and fully to the European Asylum Support Office calls for seconded national 7.1. staff to support the Greek asylum service; allow the Greek authorities to recruit additional staff, and provide them with sufficient resources 7.2. to meet the urgent needs; implement promptly and fully the September 2015 agreements on relocation from Greece 7.3. without unnecessary bureaucratic obstacles or additional requirements; co-operate smoothly with the Greek authorities in giving effect to family reunification under the 7.4.
Dublin Regulation; ensure that financial assistance is efficiently and effectively made available to actors on the 7.5. ground in Greece so as to permit the implementation of sustainable projects for the benefit of refugees and migrants, avoiding unnecessary bureaucratic complications and delay; 7.6. publish consistent, coherent, clear, complete and comprehensible information on the situation concerning the hotspots, including returns to Turkey, the capacity and activities of staff seconded through the European Union to support the Greek authorities, the provision of financial support to the Greek authorities and other relevant actors in Greece, and the implementation of the relocation agreements; 7.7. be prepared for the possibility of the failure of the current approach with alternative solutions ready in advance, avoiding the pattern of unpreparedness and reflexive crisis management apparent until now.
reconsider the EU-Turkey agreement in light of the criticism by the UNHCR, Doctors Without 7.8.

Borders and Amnesty International; 7.9. refrain from resuming transfers to Greece under the Dublin Regulation until the Committee of Ministers has closed its supervision of the execution by Greece of the judgment in the case of M.S.S.
v. Belgium and Greece; 7.1 0. devise a comprehensive and sustainable refugee policy, based on responsibility sharing and compliance with European Union standards and those of the European Convention on Human Rights and the 1951 United Nations Convention relating to the Status of Refugees; 3 Resolution 2119 (2016)1 Provisional version Fighting the over-sexualisation of children Parliamentary Assembly 1.
Mass media, marketing campaigns, television programmes and everyday products regularly "over sexualise" children, particularly girls, by conveying images which portray women, men and in some cases even children, as sexual objects.

Ease of access to unsuitable, pornographic, and even illegal content on the Internet threatens the innocence and privacy of children.
The phenomenon of "sexting" (the sharing of sexually explicit images via mobile devices or other means on the Internet) has swept through Europe's schools, often leading to significant psychological trauma.

These are just a few examples of subtle and unsubtle sexual pressures that today's children face in an over-sexualised environment.

2.
2.

The Parliamentary Assembly is very concerned about the over-sexualisation of children, which has a significant influence on their perception of society at large as well as on their own self-perception.

The over sexualisation of children can have a severe impact on their self-esteem, well-being, relationships, equal opportunities and achievements in school.

In some cases, it can lead to sexual violence and be severely detrimental to their physical and mental health.

3.
3.

Action is needed urgently before these trends become further embedded in society and more children suffer from their detrimental consequences.
Public authorities must develop effective legislation and implement policies and programmes to prevent the over-sexualisation of children; parents and teachers must be equipped to convey coherent messages to children to combat this phenomenon; the media and advertising sectors should be encouraged to change their approaches to marketing and to refrain from continually promoting gender stereotypes, and legal restrictions should be imposed if need be.

4.
In the light of the above, the Parliamentary Assembly urges member States to: 4.1. gather scientific evidence through longitudinal studies on the effects of the inappropriate over sexualisation of children, and particularly girls, by collecting data, in order to help define appropriate legislative and political measures, and by carrying out a review of the existing international literature on the over-sexualisation of children, in order to better understand the gravity of the phenomenon and the current state of knowledge in the scientific community; 4.2. take legislative action to put limits on the inappropriate sexualised depiction of children in the media and advertising sectors, based amongst others on the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No.
201, "Lanza rote Convention") and the guidelines contained in Committee of Ministers Recommendation CM/Rec(2013)1 on gender equality and media, whilst respecting the fundamental right to freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ETS No.5); 4.3. adopt policies and measures that seek to inform, educate and remind parents about the dangers that their children face in an over-sexualised environment (as well as to raise awareness of indicators of related distress or trauma), and equip parents to educate their children on tl1ese very sensitive issues in a constructive way; 1.
Assembly debate on 21 June 2016 (22nd Sitting) (see Doc.

14080, report of the Committee on Social Affairs.

Health and Sustainable Development, rapporteur: Mr Valeriu Ghiletchi).

Text adopted by the Assembly on 21 June 2016 (22nd Sitting).

See also Recommendation 2092 (2016).

..
Resolution 2119 (2016) adopt policies which develop sex and relationship education programmes in a school context, 4.4. and provide support for educational staff responsible for giving such education, with the aim of informing children about the realities of everyday pressure they face in the media, at school and in other social contexts, and of protecting them from any unwanted sexual attention; provide specific training to professionals who are engaged in educating and caring for children; 4.5. enabling them to convey constructive messages to children and open up trustful dialogue with them; encourage media and advertising supervisory bodies to ensure the safeguarding of human 4.6. dignity, and in particular the rights of children; where such advisory bodies are not already in existence, encourage them to be set up; and ensure that accessible and effective complaints mechanisms are in place; encourage the media and advertising sectors to safeguard the dignity and innocence of children 4.7. in their productions, through self-regulatory mechanisms, internal codes of conduct and other voluntary action, and educate these sectors on the impact of overtly sexual content on children; 4.8. promote and support public policies, agencies, strategies and tools aimed at raising children's and young people's awareness of inappropriate over-sexualisation and empowering them to resist such trends by supporting approaches and structures (such as Safer Internet Centres and helplines) and involve children in the conception and design of tools and messages; support the education children receive from their parents at home by promoting programmes for 4.9. children that highlight the dangers of an over-sexualised society and that: 4.9.1. networks, in an age-appropriate manner; are provided at home and in schools (primary and secondary), but also via social 4.9.2. include information about respect for one's own privacy and respect for others; 4.9.3. empower children to develop critical attitudes towards media contents, and increase children's resilience to peer pressure, thus reducing the harmful consequences of sexualised images.
2 !.£?--- Parliamentary Assembly ltfL~ Assemblee parlementaire ~"!

?~ ~~~~~~~~~~~~~~~~~~~~~~OOMOOM~~ Resolution 2120 (2016)1 Provisional version Women in the armed forces: promoting equality, putting an end to gender-based violence Parliamentary Assembly 1.

The missions assigned to today's armed forces are increasingly wide-ranging and extend beyond national defence to include participation in peace-keeping operations abroad and in internal operations in the context of combating terrorism.
At the same time, the professionalisation of armies and increased competition with other employers mean that it is increasingly in the armed forces' interest to capitalise on a diversity of professional experience and human skills.

Recruiting and retaining a larger number of women among their personnel has therefore become an 2. important issue for the armed forces.
However, although Europe's armies have gradually become more receptive to the recruitment of women in recent decades, women are still very much in the minority in military roles, especially among the higher ranks.

3.

Women who join the armed forces are faced with an environment designed by and for men.

They face many forms of discrimination and are confronted with rigid career plans and mentalities that are still rooted in a purely male approach to the armed forces.
The Parliamentary Assembly deplores the fact that sexual harassment and assaults against women are 4. still frequent within the armed forces.

Conforming to the existing internal culture is often regarded as a factor of cohesion, instead of recognising that diversity strengthens operational capacities.

It is vital to change mentalities, step up efforts to prevent such violence and establish mechanisms for dealing effectively with complaints.

5.
5.

With reference to its Recommendation 1742 (2006) and to Committee of Ministers Recommendation CM/Rec(201 0)4 on the human rights of members of the armed forces, the Assembly underlines that members of the armed forces cannot be expected to respect human rights in their operations unless respect for these rights is guaranteed within the armed forces themselves.
The Assembly also points out that the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (GETS No.

21 0) covers all types of violence and applies both in peacetime and during situations of armed confiict.

6.
In the light of the above, the Assembly calls on the Council of Europe member States: 6.1. with regard to recruitment and career management for members of the armed forces, to: 6.1.1. into the armed forces, including for military duties; adapt recruitment strategies so as to eliminate stereotypes and attract more women 6.1.2. skills needed to fulfil the missions that are assigned to today's armed forces; place an emphasis in recruitment and career management policies on identifying the 6.1.3. open all positions in all corps ofthe armed forces to women; 1.
Assembly debate on 21 June 2016 (22nd Sitting) (see Doc.

14073, report of the Committee on Equality and Non Discrimination, rapporteur: Ms Maryvonne Blondin).

Text adopted by the Assembly on 21 June 2016 {22nd Sitting).
,, Resolution 2120 (2016) put in place proactive policies for recruiting women and including them in roles from 6.1.4. which they have previously been excluded; look at the physical criteria applied in recruitment to these professions and the advisability of running pilot projects to promote the recruitment of women in these professions; 6.1.5. work actively to promote the deployment of women in foreign operations, including in military roles; include gender advisors in each foreign operation by an armed force, at all stages of preparation and deployment; 6.1.6. providing access to the most senior ranks; develop more flexible career opportunities in order to increase the number of pathways 6.1.7. life for all members of the armed forces; introduce comprehensive and consistent measures to help balance work and private 6.1.8. continuation or abolition of military service; systematically incorporate the gender dimension in all deliberations on the introduction, carry out research into the reasons for the difficulties encountered in recruiting greater 6.1.9. numbers of women for military duties, the reasons why the military careers of women are often shorter than those of their male counterparts and the reasons why women and men leave the armed forces before retirement age or the end of their contracts; 6.2. with regard to the creation of a climate more conducive to gender equality within the armed forces, to: 6.2.1. make an active commitment at all levels of the chain of command to change mentalities and the internal culture in the armed forces so that all differences are positively accepted and turned to account; 6.2.2. sure that both women and men teach in military academies; include teaching on the gender dimension in all stages of military training and make 6.2.3. and as an integral part of everyday work; include gender advisors in all bodies so that gender is taken into account systematically 6.2.4. establish and support the functioning of networks of military women; 6.2.5. quarters are adapted for
 accommodating both men and women; ensure that equipment and uniforms are suitable for women's bodies and that living 6.3. with regard to combating gender-based violence in the armed forces, to: ensure that the legislation applicable to members of the armed forces, including the 6.3.1. criminal law where appropriate, explicitly prohibits all forms of gender-based violence and is both comprehensive and effectively implemented; also ensure that internal codes of conduct include strict provisions in this connection, which are widely known and applied at all levels; adopt and ensure the systematic application of a zero-tolerance policy vis-a-vis gender 6.3.2. based violence and send the message to all military personnel that such behaviour will not be accepted in the armed forces; 6.3.3. make all levels in the chain of command aware of the need for such a policy; 6.3.4. complaints confidentially and anonymously and obtain impartial advice about their situation; establish mechanisms, for instance free hotlines, to enable victims to make informal 6.3.5. mechanisms independent of the chain of command to which victims belong; facilitate access by victims to formal complaint mechanisms and set up whistle-blowing 6.3.6. provide assistance and support to victims when they report abuse; 6.3.7. transferring the victim of a sexual assault is not an appropriate response; define effective penalties and apply them to the perpetrators of violence, as simply 6.3.8.
Preventing and Combating Violence against Women and Domestic Violence.
sign and/or ratify, if they have not yet done so, the Council of Europe Convention on Considering the significant role that parliaments can play in the democratic scrutiny of the armed forces, 7. the Assembly calls on the national parliaments of member States to: 7.1. actively seek gender balance in the parliamentary bodies dealing with the armed forces; 2 Resolution 2120 (2016) 7.2. actively follow, through parliamentary debates, questions and reports, the implementation by their country of Resolution 1325 and the other United Nations "Women, Peace and Security" resolutions, in particular concerning the situation of women in the armed forces, and take legislative initiatives to achieve the relevant objectives; conduct parliamentary inquiries into the situation of women in their country's armed forces, in 7.3. particular concerning the treatment by the armed forces of complaints of harassment and other forms of gender-based violence; 7.4. encourage independent bodies such as parliamentary commissioners, ombudspersons and equality committees which have the requisite powers in relation to the armed forces to conduct inquiries into these matters.
3 l..li?-- Parliamentary Assembly llii~ Assemblee parlementaire c>~~ =- ~===:-~;Jm£:,gn:JTI·:lelE'IiS!l __________________ CONSEIL DE LEUROPE Resolution 2121 (2016)1 Provisional version The functioning of democratic institutions in Turkey Parliamentary Assembly 1, Turkey has been under post-monitoring dialogue with the Parliamentary Assembly since 2004.
In its Resolution 1925 (2013), the Assembly encouraged Turkey, a founding member of the Council of Europe and a strategic partner for Europe, to pursue its efforts to align its legislation and practices with Council of Europe standards and fulfil the remaining post-monitoring dialogue requirements.

Turkey has continued to face a complex and adverse geopolitical situation with the war in Syria and in the surrounding countries and terrorist attacks on its territory.
The ongoing conflict in Syria has brought further massive flows of refugees to Turkey.

The Assembly reiterates its appreciation of the outstanding efforts made by the country since 2011 to host nearly 3 million refugees (of which 262 000 are in refugee camps), who are in need of accommodation, education and access to social and medical care.
For over five years, Turkey has been implementing the "open door policy" to the Syrians who fled from the war environment in their country and, in compliance with its international obligations, has abided by the principle of non-refoulement.

The Assembly expresses its appreciation of the measures taken by the Turkish authorities to improve the living conditions of Syrian refugees, in particular by allocating work permits since 15 January 2016.
The Assembly also values the outstanding financial efforts of the State to address this issue, despite remaining problems, in particular the lack of access to any education for 400 000 Syrian child refugees.

In August 2014, the country had the first direct election of the President of the Republic.

Parliamentary 2. elections were organised on 7 June 2015, and early parliamentary elections were held on 1 November 2015.
While the Justice and Development Party (AKP) secured a majority in parliament in November 2015, the Peoples' Democratic Party (HDP) - a political party with a pro-Kurdish stance, which had previously entered parliament though the election of independent candidates and subsequently formed a party group - entered parliament for the first time as a political party, despite the 10% electoral threshold, that the Assembly has repeatedly asked be substantially lowered.

3.
3.

European Union integration remains a strategic objective for Turkey.

In the context of the 2016 EU Turkey Agreement on the migrant crisis, and the implementation of a roadmap towards liberalisation of the visa regime, the Assembly welcomes the recent ratification of Protocol No.

15 amending the European Convention on Human Rights (GETS No.

213); the Council of Europe Convention on Action against Trafficking in Human Beings (GETS No.
197); the Additional Protocol to the Convention on the Transfer of Sentenced Persons (ETS No.

167) and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (GETS No.

198).

The Assembly notes that European Union integration remains a strategic goal for Turkey.
It therefore reiterates its belief that the opening of additional chapters, in particular Chapter 23 Uudiciary and fundamental rights) and Chapter 24 Uustice, freedom and security), would help consolidate the reform process and reinforce the action undertaken by the Council of Europe for Turkey to align its legislation and practice with Council of Europe standards.
Relations between Turkey and the European Union, which should be strengthened, will be of great importance not only for the stability and prosperity of the two sides, but for the entire region.

1.

Assembly debate on 22 June 2016 (23rd and 24th Sittings) (see Doc.

14078 and addendum, report of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), co-rapporteurs: Ms lngebj0rg Godskesen and Ms Natasa Vuckovic).
Text adopted by the" Assembly on 22 June 2016 (24th Sitting).

Resolution 2121 (2016) 4.

Recent developments in Turkey pertaining to freedom of the media and of expression, erosion of the rule of law and the human rights violations in relation to anti-terrorism security operations in south-east Turkey have, however, raised serious questions about the functioning of its democratic institutions.
These findings are corroborated by recent reports adopted by several Council of Europe monitoring mechanisms, such as the European Commission for Democracy through Law (Venice Commission), the Group of States against Corruption (GRECO), and the Commissioner for Human Rights, which have highlighted concurring and serious concerns that Turkey should address without further delay.

5.
The disclosure of the corruption cases on 17 and 25 December 2013 allegedly involving four ministers and the son of the then Prime Minister Mr Recep Tayyip Erdogan, marked the beginning of changes in domestic political processes, in particular the adoption of restrictive legislation (amendments to the Criminal Code and the Code of Criminal Procedure in 2014 and Internal Security Act of March 2015) and enhanced control of the executive over the judiciary (amendments to the Law on the High Council for Judges and Prosecutor in 2014), the creation of special courts ("criminal peace judgeships") in June 2014 and the adoption of Act No.
5651 on the Internet in March 2015, increasing the Telecommunications Directorate's (TIB) capacity to block websites.

The Assembly regrets that the peace talks to address the Kurdish issue collapsed in summer 2015, 6. putting at stake the process of enlarging the cultural and linguistic rights of the Kurdish community, initiated and advanced in the preceding period, including by its political representation in parliament after the 2015 parliamentary and early parliamentary elections.
The breakdown of the peace talks in April 2015 led to increased violence and terrorist attacks by July 2015, bomb attacks by the PKK and retaliation measures by the Turkish security forces, including curfews imposed since December 2015 in several districts in south-east Turkey in order to carry out security operations.

7.
7.

In this context, the Assembly is very concerned about the decision of 20 May 2016 by the Turkish Grand National Assembly to strip a large number of parliamentarians of their immunity from prosecution by temporarily suspending Article 83 (first sentence) of the Constitution, thus ruling out a case-by-case examination based on merit.
Even though MPs from all political groups are concerned, the Assembly notes with concern that this decision disproportionately affects the opposition parties, in particular the People's Democratic Party, many of whose members have been charged for their statements under the Anti-Terror Law (No.

3713).
3713).

The Assembly, reiterating its call in Resolution 1925 (2013), urges the Turkish Government to revise the legislation and practices on terrorism in line with European standards, in order to narrow the scope of the definition and by introducing a criterion of proportionality.

immunity should that parliamentary The Assembly recalls 8. foremost enable elected representatives to work and express themselves without fear of harassment by the executive, the courts or political opponents.
It is thus worried about the potential political consequences of this decision, which could damage parliamentary life and undermine the healthy political environment that Turkey needs to tackle today's challenges, including terrorist threats and the urgent need to solve the Kurdish issue by political and peaceful means.
While there are allegations about the lack of independence of the judiciary, the Assembly urges the Turkish authorities to ensure that the cases brought against parliamentarians are handled in due compliance with Council of Europe standards on fair proceedings and trials and respect for freedom of expression, which Turkey has pledged to uphold.

first and 9.
first and 9.

In recent years, Turkey has faced massive and repeated terrorist attacks perpetrated by the so-called "Islamic State of Iraq and the Levant" (ISIL/Daesh), the "Kurdistan Workers' Party" (PKK) and the PKK affiliated "Kurdistan Freedom Hawks" (TAK).

These attacks caused hundreds of casualties in Ankara, Surug, Istanbul, Bursa or Diyarbak1r.

In addition, the border city of Kilis has been targeted by shelling from Syrian territory.
The Assembly unequivocally condemns these attacks and all terrorist action and violence perpetrated by the PKK, Daesh or any other organisation, which can on no account be tolerated.

The Assembly stresses Turkey's right and duty to fight terrorism and address security issues in order to protect its citizens.

It recalls, however, that those security operations must be carried out in line with international law, and in accordance with the principle of proportionality and necessity.
The right balance between security and individual liberties must be found in Turkey.

10.

Security operations have dramatically intensified in south-east Turkey since August 2015.
Despite assurances by the Turkish authorities to keep a balance between freedom and security in the police and military operations in south-east Turkey, so as to protect citizens' right to life, which is the most fundamental right, and to ensure public security, the Assembly is very worried about the human consequences of the unprecedented months-long, round-the-clock curfews imposed in 22 districts, including Sur, Silvan (province of Diyarbak1r), Nusaybin, Dargegit (province of Mardin), Sirnak Centre, Cizre, Silopi, ldil (province of Sirnak) and YUksekova (province of Hakkari).
These curfews are affecting 1.6 million people and have resulted in the 2 Resolution 2121 (2016) displacement of at least 355 000 people and in restrictions in access to water, electricity, education and health care, including emergency medical care, which has proved fatal for many residents.

At least 338 civilians were reported dead by the Human Rights Foundation of Turkey as at 20 April2016.
According to the Ministry of the Interior, between July 2015 and 13 May 2016, these operations resulted in 458 security officers being killed and 3 321 wounded, while the Turkish Chief of Staff announced that 2 583 PKK members were killed inside Turkish territory and 2 366 others in Iraq during air strikes, as at 23 May 2016.

11.
11.

As explicitly stated in the Venice Commission's opinion in response to the request by the Chair of the Monitoring Committee of the Assembly, "the curfews imposed since August 2015 have not been based on the constitutional and legislative framework which specifically governs the use of exceptional measures in Turkey, including curfew.

To comply with this framework, any curfew measure should be associated with emergency rule, as provided for in Articles 119 to 122 of the Constitution".
According to those articles of the Constitution, curfews can be declared only within the context of martial law or emergency state rule, the implementation of both of which requires a parliamentary decision -which was never taken.

The Assembly expects Turkey to abide by its own laws and amend its legal framework in line with the Venice Commission opinion on this issue, dated 13 June 2016.

12.
12.

Despite efforts deployed by the Turkish authorities to provide the displaced persons with food and accommodation, temporary jobs in State agencies and social aid, including compensation for lost income, the future of the displaced persons is uncertain.

It seems that large parts of the areas under curfew were destroyed during and after the curfews, and during the subsequent clearance operations to remove buried explosive devices.
The situation is especially regrettable in the ancient part of Sur, which was classified as a Unesco world cultural heritage site in 2015.

13.

There have been allegations of serious human rights violations, notably in Cizre, which require due and effective investigation, including the collection of evidence before the areas are cleared.
The Assembly believes that access to information through the increased presence of the media and accurate and unbiased media coverage of the situation in south-east Turkey, transparency of the procedures, as well as the prosecution of those who committed crimes or abuses of human rights, would contribute towards restoring confidence.

The Assembly notes that Turkey is one of the 116 countries offering an open invitation to the United Nations Special Procedures since 2001.
The Assembly welcomes the recent visit of the United Nations Working Group on Enforced or Involuntary Disappearances in March 2016, of Mr Nils Muiznieks, Council of Europe Commissioner for Human Rights, to south-east Turkey in April 2016 and the announced visit of representatives of the United Nations High Commissioner for Human Rights.
lt invites Turkey to consider setting up a fact-finding team, including independent experts and personalities trusted by all sides of Turkish society, to observe the human rights situation in the affected districts and publish credible reports.

The Assembly further encourages Turkey to strengthen national independent human rights bodies so as to increase citizens' confidence in, and use of, these mechanisms.
The Assembly also expresses deep concern over the death of four civilians (HOseyin Paksoy (16 years 14. old), Serhat Altun, Cihan Karaman and Orhan Tun9) seriously wounded during the curfew in Cizre.

Defying interim measures by the European Court of Human Rights, the Turkish Government denied these civilians access to medical aid.
The Assembly notes that Ramazan Demir, the lawyer who appealed to the Court for interim measures to transfer these and many other wounded civilians to hospitals, was arrested on 4 June 2016.

15.

The Assembly notes that administrative investigations have been initiated against 63 security personnel due to their misconduct during the operations in south-east Turkey.
It expects the Turkish authorities to carry out effective investigations into all other allegations of misconduct by security personnel during these operations.
Nevertheless, the Assembly is appalled by the preparations for new retrospective legislation already adopted by the parliamentary National Defense Commission which allows legal prosecution of human rights violations committed by military personnel with the permission of their superiors and empowers the military with the authority to conduct security operations bypassing the jurisdiction of the courts under the pretext of urgency.
The Assembly is deeply concerned that such developments could further infringe the rule of law.

16.

The adoption by the government of an emergency decree on expropriation on 21 March 2016 related to Sur (Diyarbaklr) has raised concern among displaced persons.

The lack of information about legal procedures, future urban construction projects and the right of displaced persons to return to live in their neighbourhoods poses many questions.
Lack of transparent information fuels fears and insecurity among those concerned.

The Assembly expects Turkey to take due care of the needs of the local population and 3 l Resolution 2121 (2016) ensure fair compensation for the losses suffered by civilians in case of expropriation procedures, which should be conducted in line with Council of Europe standards and taking account of property rights and their safeguards, as guaranteed by the European Convention on Human Rights.

17.
17.

The Assembly is also deeply concerned that the tensions and clashes could spread to other parts of Turkey.

It urges the PKK to stop its terrorist attacks and lay down its arms.

The Assembly also urges the Turkish Government to resort to political means to stop the escalation of violence.
The Turkish Parliament, which could provide a political forum for a peaceful resolution of the confiict, should consider putting in place mechanisms to reactivate the peace process, including a joint, cross-party parliamentary commission, or a "truth and reconciliation" commission that would allow for a fresh impetus and the healing of past traumas.

Political solutions need to be discussed in parliament by all the political forces involved.
A due system of parliamentary inviolability - which excludes statements inciting hatred, violence or the destruction of democratic rights and freedoms- is thus necessary to ensure that issues of public interest can be debated by elected representatives without fear of executive or judicial interference.

The Assembly is also worried about the arrest in south-east Turkey of 21 democratically elected 18.
Kurdish mayors and the dismissal of 31 others on controversial charges of "aiding and abetting a terrorist organisation", which has further damaged the already weak local governments in confiict areas.

The Assembly calls on all political leaders at central and local levels to adopt a more inclusive and tolerant approach to resolve existing problems through dialogue and shared responsibility.
Democratic political parties should condemn and take a firm stance against terrorism in full respect of human rights, the rule of law and Council of Europe standards.

19.

The announced preparation of legislation which would empower Governors to appoint new mayors also raises questions with regard to the respect of the provisions of the European Charter of Local Self Government (ETS No.

122), which Turkey ratified in 1992.


The Assembly reiterates its call on Turkey, in line with the post-monitoring dialogue requirement, to further introduce decentralisation in full respect of the territorial integrity of the country and to ratify the European Charter for Regional or Minority Languages (ETS No.

148) and the Framework Convention for the Protection of National Minorities (ETS No.

157), which could also contribute to restoring confidence among communities.

20.
20.

With regard to freedom of expression and of the media, the Assembly shares the concerns of the Council of Europe Commissioner for Human Rights about "the alarming scale of recourse to an overly wide notion of terrorism to punish non-violent statements and criminalisation of any message that merely coincides with the perceived interests of a terrorist organisation".

The Assembly urges Turkey to fully comply with its obligations under all the human rights treaties it has ratified.
The Assembly remains concerned about the extensive interpretation of the Anti-Terror Law, which contradicts Council of Europe standards.

It thus reiterates the call it made in 2013 for Turkey to further review its definitions of offences related to terrorism and membership of a criminal organisation, in line with the "Action Plan on Prevention of Violations of the European Convention on Human Rights" adopted by Turkey in February 2014.

21.
21.

Recalling its Resolution 2035 (2015) on the protection of the safety of journalists and of media freedom in Europe, the Assembly is concerned about the latest developments in the field of freedom of expression and freedom of the media, which should be understood in the light of the case law of the European Court of Human Rights with respect to Article 10 of the Convention.
There are concerns that changes in recent years in ownership of media companies serving business interests were motivated by, and have resulted in, significant political influence on the media.

The Assembly believes that the abusive application of Article 299 (Insulting the President of the 22.
Republic) - there were about 2 000 cases in two years against journalists and academics, but also ordinary citizens - is leading to an undue restriction of freedom of expression, considering the case law of the European Court of Human Rights with respect to Article 10 of the Convention.

It recalls in this respect that defamation cases can be handled under civil law procedures or under the general provisions of Article 125 of the penal code on insult.
The Assembly condemns the call by the Turkish Ministry for Foreign Affairs for its citizens residing 23. abroad to report cases of disrespect to the President of Turkey with a view to filing cases in foreign countries.

The Assembly is deeply concerned about the prosecution of investigative journalists following their 24. investigations into topics of general interest.

It should be possible to conduct domestic and foreign investigative journalism on all topics, and in all regions.
The Assembly is appalled by the harsh prison sentences issued against these journalists.

It expects the judicial institutions to take future decisions in the light of the well-established case law of the European Court of Human Rights, and the authorities to harmonise the legislation and its interpretation by domestic courts with Council of Europe standards.
In this 4 Resolution 2121 (2016) respect, the Assembly praises the important role played by the Constitutional Court of Turkey to secure freedom of expression and of the media, and individual applications to the Constitutional Court, which remain an effective mechanism to protect rights covered by the European Convention on Human Rights.

25.
25.

The prosecution of academics who signed a peace declaration calling for an end to the military campaign in south-east Turkey and accusing the government of breaching international law ("We shall not be part of this crime!")

is another example that raises serious questions about the scope of the anti-terror law.

Of the initial 1 128 signatories of the declaration, 495 academics are under investigation.

On 14 January 2016, the police reportedly briefly detained 27 of them.
The Council of Europe Secretary General issued, on 15 January 2016, a statement expressing his concern about these arrests.

Four petitioners (Esra Munga, Muzaffar Kaya, K1van9 Ersoy and Meral Camel) were arrested and detained on 16 March 2016 on charges of "terrorist propaganda" (Article 7/2 of the Anti-Terrorism Law).
The prosecutor in the first hearing decided to drop the charges of terrorism and considered launching an investigation under Article 301 of the Penal Code (insulting the State) - subject to the authorisation of the Minister of Justice.

In the meantime, the four academics were released on 22 Apri12016.
Disciplinary and criminal proceedings had been launched against other petitioners for a statement calling for an end to violence, which, for the Commissioner for Human Rights, fell within the boundaries of free speech, whether one agreed with their message or not.

26.

The Assembly remains concerned about the large number of websites blocked (11 0 000) and Twitter takedown requests.
Blocking websites appears to be a highly disproportionate measure, which impedes the public's right to have access to, and to be provided with, information on the Internet, and negatively impacts media pluralism and free expression.

It urges Turkey to upgrade its legal framework in line with the European Convention on Human Rights, in particular to review Act No.
5651 on the Internet, in line with the recommendations of the Venice Commission (to be adopted in June 2016) on the regulation of publications on the Internet and combating crimes committed by means of such publications.

27.

The Assembly recalls that journalists and other media actors make an essential contribution to public debate and the opinion-making processes needed in a democratic society.
Council of Europe member States have a positive obligation to ensure freedom of expression, protection of journalists and access to information, and to create the conditions to enable them to act as public or social watchdogs and inform the public on matters of general and public interest.

Too many measures currently taken by the authorities, including investigations, prosecutions and the interpretation of the Penal Code by domestic courts, have a chilling effect.
Attacks on journalists and media outlets, seizure of the media (which undermines property rights), pressure on journalists and punishment of journalists doing their job lead to self-censorship.

The Assembly therefore urges Turkey to secure a favourable environment for freedom of expression as guaranteed by Article 10 of the Convention and to implement Recommendation CM/Rec(2016)4 of the Committee of Ministers on the protection of journalism and safety of journalists and other media actors.
The Assembly believes that further improving the legal framework would help the country to overcome 28. current restrictions to freedom of expression.
In the light of the March 2016 opinion of the Venice Commission, the Assembly invites Turkey to: 28.1. repeal Article 299 of the Penal Code (Insulting the President of Republic); 28.2. repeal Article 301 (Degrading the Turkish Nation, the State of the Turkish Republic, the Organs and Institutions of the State) or amend it to ensure that all the notions used in it are clear, specific and predictable, and that its application is limited to statements inciting violence and hatred and that its interpretation by the domestic courts is in line with the case law of the European Court of Human Rights; limit the use of Article 216 and resort to- proportionate -criminal sanctions only in cases of 28.3. open incitement to violence, armed resistance or uprising, and not to punish harsh criticism against government policies.
Moreover, it should only be applied in extreme cases of religious insults that intentionally and severely disturb public order, or calls for public violence, and not for mere blasphemy; 28.4. ensure a strict interpretation of Article 314 (Membership of an Armed Organisation) so as to limit it to cases which do not involve the exercise of the rights to freedom of expression and assembly, in compliance with the established criterion in the case law of the Court of Cassation that acts attributed to a defendant should show "in their continuity, diversity and intensity" his or her "organic relationship" with an armed organisation or whether his or her acts may be considered as committed knowingly and wilfully within the "hierarchical structure" of the organisation.
5 Resolution 2121 (2016) 29.

The Assembly encourages the Turkish authorities to address these proposals in the framework of the working group on freedom of expression created in 2016 by the Ministry of Justice and the Council of Europe, as part of Turkey's Action Plan to prevent violations of the European Convention on Human Rights.

It expects the necessary amendments to the legislation to be prepared and adopted in consultation with the Council of Europe.

30.
30.

It urges Turkey to further co-operate with the Council of Europe and implement the recommendations by GRECO when carrying out the Judicial Reform Strategy, which aims at establishing a more reliable justice system, executing judicial services in an independent and impartial way and concluding trials within a reasonable time.
It welcomes, as a first step, the adoption of the "Action Plan on Enhancing Transparency and Strengthening the Fight Against Corruption (2016-2019)" on 30 April2016 to address these issues.

31.
31.

With regard to respect for the rule of law, the Assembly is very concerned about the recent statements made by the President of the Republic and ministers not to respect a decision of the Constitutional Court on the unlawfulness of the pretrial detention of investigative journalists, which was based on the case law of the European Convention on Human Rights.

The Assembly urges Turkish officials to refrain from unduly interfering in the judiciary and challenging the rule of law.
The Assembly appreciates however that all decisions of the Constitutional Court resulting from individual applications have been implemented.

32.

Independence of the judiciary is guaranteed by the Constitution.

A number of judicial packages have been launched since the constitutional referendum of 2010.

They provide for stronger involvement of elected judges and prosecutors in the High Council of Judges and Prosecutors, which are positive moves.
However, the recent developments and amendments to the Law on the High Council of Judges and Prosecutors in 2014 raised the issue of the lack of independence of the judiciary and undue interference by the executive.

33.
33.

GRECO noted in its March 2016 report that the appointment of the elected members of the High Council of Judges and Prosecutors in 2014, the use of disciplinary proceedings, including the dismissal of a number of members of the judiciary, and the potential influence by the executive within this body, have further triggered the debate concerning the role and the independence of the High Council of Judges and Prosecutors, which seriously undermines the trust of the public in its judicial institutions.
The Assembly shares these concerns and calls on Turkey to: 33.1. implement GRECO's recommendations, in particular to strengthen the security of tenure of judges and to ensure that evaluations of the performances of judges and prosecutors, as well as disciplinary procedures against them, are free from undue influence; further revise the Law on the High Council of Judges and Prosecutors to reduce the influence of 33.2. the executive within the Council.

34.
34.

The Assembly also notes that in 2014 the fight against terrorism was extended to the GOlen Movement (the so-called "parallel State structure"), a former ally of the AKP.

The purge to clear the State institutions of alleged Gulenist followers raises question in respect of procedural guarantees.

This move particularly affected the judicial system, where the large number of transfers, arrests and detentions of judges and prosecutors could have a deterrent effect on the members of the judiciary.

35.
35.

Finally, while the Assembly welcomes the establishment of regional courts, it notes that the draft law on the restructuring of the Court of Cassation and Council of State raises questions.

It therefore asks the Venice Commission for an opinion on this draft law and the constitutional aspects of the appointments of members of high judicial bodies.
The Assembly moreover invites the relevant authorities to seek the opinion of the Turkish Constitutional Court and also to ensure that the adopted law takes into account the recommendations of the Venice Commission.

36.
36.

The Assembly concludes that the latest developments pertaining to freedom of the media and of expression, erosion of the rule of law and the human rights violations in relation to the anti-terrorism security operations in south-east Turkey constitute a threat to the functioning of democratic institutions and the country's commitments to its obligations towards the Council of Europe.
The Assembly will continue to follow closely the issues raised in this report, in particular the situation in south-east Turkey with respect to human rights, on the basis of information provided by its Monitoring Committee.

The Assembly recalls that the Turkish authorities are invited to fulfil the remaining requirements pertaining to the post-monitoring dialogue with the Parliamentary Assembly.
It reiterates the readiness of the Council of Europe, in particular the Venice Commission, to support the Turkish authorities' efforts in this respect.

The Assembly notes that progress made on all twelve items of the post-monitoring dialogue, including on the items discussed in the present resolution, will be assessed in the post-monitoring report to be presented in 2017.
6 t Parliamentary Assembly Assemblee parlementaire ~~ ~~~~~~·~~~"'~~~~~~~~~~~~~~~~~~~~em Resolution 2122 (2016)1 Provisional version Administrative detention Parliamentary Assembly 1.

The Parliamentary Assembly stresses the importance of the right to liberty and security guaranteed in Article 5 of the European Convention on Human Rights (ETS No.

5, "the Convention").

No one shall be deprived of his or her liberty except in the cases enumerated in the closed list of Article 5.1.

2.
Recalling its Resolution 1707 (2010) on the detention of asylum seekers and irregular migrants in Europe, the Assembly stresses that under Article 5.1.f of the Convention administrative detention in immigration cases is only allowed if it is based on a precise, accessible legal framework ensuring that such detention has a prompt procedural purpose and respects protective standards such as certainty (including maximum duration) and necessity (being a means of last resort to carry out entry controls or to ensure expulsion effectively), all under the authority of a court of law.
3.

The Assembly is concerned that administrative detention has been abused in certain member States for purposes of punishing political opponents, obtaining confessions in the absence of a lawyer and/or under duress, or apparently for stifling peaceful protests.
Regarding administrative detention as a tool to prevent terrorism or other threats to national security, 4. the Assembly: 4.1. recalls that purely preventive detention of persons suspected of intending to commit a criminal offence is not permissible under Article 5 of the European Convention on Human Rights as interpreted by the European Court of Human Rights; 4.2. points out that mere restrictions (as opposed to deprivation) of liberty are permissible under Article 2 of Protocol No.
4 to the Convention (ETS No.
46), in the interests of national security or public safety and for the prevention of crime; 4.3. notes that detention of persons suspected of constituting a threat to national security can be permissible as pretrial detention when there are reasonable grounds to believe that such a person has already committed a criminal offence, including specific offences criminalising certain preparatory actions for especially serious crimes, or actions aimed at supporting terrorist activities, for example the funding of, or propaganda or recruitment for a terrorist organisation.
5.
The Assembly therefore calls on all member States concerned to refrain from: using administrative detention as a tool for the management of migration, beyond the narrow 5.1. purposes permissible under Article 5 of the Convention; placing political opponents, human rights activists or journalists in administrative detention in 5.2. order to coerce or persuade them by other means into confessing a criminal offence; 5.3. placing participants of or persons intending to participate in peaceful protests in administrative detention in order to prevent them from taking part in a given protest or to deter them from participating in such protests in the future.
1.

Assembly debate on 22 June 2016 (24th Sitting) (see Doc.

14079, report of the Committee on Legal Affairs and Human Rights, rapporteur: Lord Richard Balfe).

Text adopted by the Assembly on 22 June 2016 (24th Sitting).

,.

~-· ~ ., - .

[!)

Resolution 2122 (2016) 6.

The Assembly encourages all member States to make use of available tools respecting human rights in order to protect national security or public safety, and to prevent crimes, including acts of terrorism.
In particular, the Assembly recommends: 6.1. the use of restrictions of liberty falling short of detention, such as restraining persons suspected of constituting a risk for national security from visiting certain places, or even obliging them to remain within a certain area in order to disrupt potentially dangerous activities; such restrictions could be enforced if need be by electronic tagging devices; the adoption, as needed, and the systematic enforcement of laws criminalising certain 6.2. preparatory actions for especially serious crimes, or actions aimed at supporting terrorist activities, suct1 as the funding of, or propaganda or recruitment for a terrorist organisation, as foreseen in the Council of Europe Convention for the Prevention of Terrorism and its Additional Protocol (GETS Nos.
196 and 217).

In applying alternative measures to administrative detention as specified in paragraph 6 above, the 7.

Assembly urges all member States to use utmost restraint.

8.

In particular, the Assembly stresses that all restrictions to liberty must be: based on a clear, predictable legislative authorisation ensuring that they are necessary in a 8.1. democratic society for the legitimate purpose pursued; respectful of the principle of non-discrimination, on any grounds specified in the European 8.2.
Convention on Human Rights and its protocols; 8.3. open to timely challenge before a court of law as specified in Article 5 of the Convention.

9.

Criminal law provisions aimed at penalising preparatory and other ancillary actions in support of terrorism must fulfil the requirements of Article 7 of the Convention (no punishment without law); in particular, they must be clear and predictable.
Any pretrial detention ordered in enforcing such provisions shall respect the principles laid down by the Assembly in Resolution 2077 (2015) on the abuse of pretrial detention in States Parties to the European Convention on Human Rights.

2 lLL?-- Parliamentary Assembly mL~ Assemblee parlementaire ~~ --- ~~~~~u~~~~mM~~~~~~~~~~~~~~- Resolution 2123 (2016)1 Provisional version Culture and democracy Parliamentary Assembly 1.
Economic and social difficulties, exacerbated by terrorist attacks and the consequences of political instability in neighbouring regions, are deeply affecting the life of people in Europe.

People's fears and lack of confidence correlate with the erosion of civic bonds and the wearing away of established values and become fertile ground for anti-democratic and xenophobic movements to further radicalise and divide society.

2.
2.

In this context, the Parliamentary Assembly urges for much stronger recognition of the role that culture can play in upholding democratic principles and values, and building inclusive societies.

It stresses that democratic institutions and democratic laws will not work effectively unless they build on a democratic culture.

3.

Culture is a source of intellectual renewal and human growth.
Active participation in cultural activities help people to acquire a critical mind, to develop a broader understanding of different world views, to interact with others, to have a voice and to define their role in society.

4.

Education policies generally focus on providing professional skills and knowledge targeted at economic needs, while personal development, though a key element for personal and societal well-being has been to a large degree neglected over the last decades.
The Assembly considers that education policies should be reviewed and used as a driving force in today's world of rapid change and increasing complexity.

Cultural education should play an important part in this process, in particular to promote dialogue and mutual understanding and to strengthen solidarity and respect for human rights.

5.
5.

The Assembly insists that sustained investment in cultural activity and education must be given equal priority with investment in the economy, infrastructure, security and all other areas seen as crucial to Europe's global economic competitiveness and stability.
The Assembly therefore recommends that the parliaments and governments of the member States of 6. the Council of Europe: uphold the right of everyone to participate in cultural life as a core human right, seeking to offset 6.1. barriers which hamper the access to culture of women, youth, minorities, migrants, refugees, asylum seekers and other vulnerable groups; promote the diversity of cultural expressions and cultural pluralism as positive factors for 6.2. innovation and development; 6.3. secure sustainable funding for cultural policies and develop strategic thinking at inter-ministerial level to mainstream culture in other policy areas such as employment, research and innovation, social services and welfare, health, prisons and penitentiary rehabilitation schemes; foster partnerships between the cultural sectors (cultural institutions and individual artists) and 6.4. the education system, including formal education and lifelong learning, to promote the understanding of freedom of expression, respect for diversity and the development of intercultural competences from a very early age; 1.
Assembly debate on 23 June 2016 (25th Sitting) (see Doc.

14070, report of the Committee on Culture, Science, Education and Media, rapporteur: Ms Vesna Marjanovic).

Text adopted by the Assembly on 23 June 2016 (25th Sitting).

See also Recommendation 2093 (2016).

Resolution 2123 (2016) 6.5. strengthen the role of local authorities in promoting and implementing cultural policy and pilot initiatives, by reviewing the existing mechanisms (allocation of powers, legal structure, co-financing, etc.)
to bring decision-making processes regarding culture as close as possible to the citizen, and ensure co-ordination between different levels of government in cultural policy implementation; support innovative urban policies by investing in the cultural infrastructure of cities, especially in 6.6. disadvantaged urban areas; increase public participation in the definition of cultural policies and involve interested citizens inclusion, non-discrimination and 6.7. and non-governmental organisations committed democratic values in the management of cultural institutions; to promoting 6.8. measure cultural vitality and evaluate its impact on the democratisation of society and the appreciation of human rights, as a way to evaluate policies, making use in this respect of the Council of Europe's Indicator Framework on Culture and Democracy (IFCD); in co-operation with the Council of Europe and the European Union, seek partnerships to 6.9. develop shared cultural and diversity strategies and pilot projects which stimulate cultural exchange; 6.10. actively support and financially contribute to the implementation of the Council of Europe Action Plan on Building Inclusive Societies (2016-2019).
The Assembly recommends that the Steering Committee of the World Forum for Democracy devote 7. one of the next Forums to "culture and democracy" in order to promote innovative policies and the exchange of good practices in this field.

2 I_U;::;-- Parliamentary Assembly ~~ Assemblee parlementaire '-'"--)~ ~~ 4@~~~-~~~imi~~~~~~~~~~~~~~~~~~~~~ CONSEIL DE !

:EUROPE Resolution 2124 (2016)1 Provisional version Educational and cultural networks of migrant and diaspora communities Parliamentary Assembly 1.
The Parliamentary Assembly considers that communities living abroad ought to be seen as vital bridges between Europe's cultures and as an asset for the countries of residence and of origin.

However, the integration of diaspora communities and migrants represents a major challenge for European societies today.

2.

Problems of marginalisation and exclusion are increasing across Europe.
Weak identification both with the country of residence and of origin can create a sense of alienation, particularly among second and third generations of young people in quest of identity and belonging.

Many feel they are not perceived as equal citizens and can fall prey to fundamentalism, extremism and racism.

Such anxieties can further deepen the divide between communities along linguistic, cultural or religious lines.

3.
3.

The Assembly believes that the role of educational and cultural networks of communities living abroad is crucial to building cohesive societies by strengthening pluralism and democracy in European societies.
These networks play a key role in providing support, solidarity and mutual assistance; they provide a link to the culture of origin and an openness to multiple cultural affiliations; they nurture multilingualism; they provide cultural and educational support to children and youth of the second and third generation.

Furthermore, they can play an important role as mediators between diaspora communities and public authorities.

4.
4.

The Assembly nevertheless considers that their role is not sufficiently understood, recognised and mobilised, particularly in the context of developing national and local strategies that aim to improve social cohesion and the spirit of "living together".

Moreover, there is very little research at national and European level to assess the cultural and social impact of diaspora communities on local societies.

5.
The Assembly therefore recommends that the governments and parliaments of the member and observer States of the Council of Europe, as well as the States whose parliaments enjoy observer or partner for democracy status with the Assembly: 5.1. when concerned as countries ofresidence: involve diaspora associations in the framing and implementation of policies concerning 5.1.1. different aspects of the integration process, including educational, cultural and social integration; consider setting up national platforms to allow the different ministries and specialised 5.1.2. institutions to work transversally, and to facilitate the drafting and implementation of national integration strategies through a permanent dialogue with organisations that reflect the interests and opinions of different diaspora communities in the country of residence; encourage the establishment of similar platforms at local level; 1.
Assembly debate on 23 June 2016 (25th Sitting) (see Doc.

14069, report of the Committee on Culture, Science, Education and Media, rapporteur: Mr Pierre-Yves Le Borgn'; and Doc.

14084, opinion of the Committee on Migration, Refugees and Displaced Persons, rapporteur: M. Thierry Mariani).

Text adopted by the Assembly on 23 June 2016 (25th Sitting).
Resolution 2124 (2016) 5.1.3. provide adequate financial support programmes for diaspora associations to help them to professionalise their activities, develop and consolidate their networks and conduct joint in Assembly initiatives, Resolution 2043 (2015) on democratic participation for migrant diasporas; including on social media platforms, as already recommended 5.1.4. communities living abroad; encourage the media to convey the positive role of educational and cultural networks of 5.2. when concerned as countries of origin: develop stronger partnerships between the relevant public bodies - 5.2.1. in particular schools and universities, embassies and cultural and linguistic centres - and diaspora organisations, seeking to encourage their action through knowledge sharing and concrete support (provision of teachers, educational materials and adequate premises) for language tuition and its recognition within the formal education system; if it is not already the case, consider establishing a high-level office (possibly at 5.2.2. government level) responsible for diaspora issues and/or the election of representatives of diaspora communities to national and, where appropriate, regional parliaments; 5.3. in co-operation with the Council of Europe and the European Union, seek partnerships to: 5.3.1. set up a European parliamentary network on diaspora policies; 5.3.2. support the establishment by the diaspora communities of a European platform to collect data and assess the cultural and social impact of diaspora communities on European societies, to promote the exchange of best practices and to develop joint projects.
The Assembly, welcoming the Council of Europe Action Plan on Building 6.

Inclusive Societies (2016-2019), calls on the Secretary General of the Council of Europe to include therein concrete initiatives in the sphere of culture and education which involve diaspora communities.
2 !£?--- Parliamentary Assembly ltfL~ Assemblee parlementaire ~-;~ - ~~'lf,j!i1WlM1:o.~.~;~W#Mh:V:tliiWB t¥idt5J>ii:aii'*~v:z Resolution 2125 (2016)1 Provisional version 4 ; Transparency and openness in European institutions Parliamentary Assembly 1.
The Parliamentary Assembly recalls its Resolution 1744 (2010) on extra-institutional actors in the democratic system, Recommendation 1908 (2010) "Lobbying in a democratic society (European code of good conduct)" and its Resolution 1943 (2013) and Recommendation 2019 (2013) on corruption as a threat to the rule of law.

2.

The Assembly recalls that extra-institutional actors, including interest and pressure groups, trade unions and consumer organisations, are a part of a democratic society.
Their lobbying activities are not illegitimate per se and can be beneficial for the functioning of a democratic political system.

However, unregulated and non-transparent lobbying may undermine democratic principles and good governance.

Citizens should know which actors influence the making of political decisions.

3.
3.

The Assembly recalls the Council of Europe's acquis in the area of promoting good governance and transparency of democratic institutions, in particular the Convention on Access to Official Documents (ETS No.

205), and welcomes the work of the European Commission for Democracy through Law (Venice Commission) and of the Group of States against Corruption (GRECO) in this field.
Moreover, principles on good conduct on lobbying are included in paragraph 11 of Assembly Recommendation 1908 (2010) and may serve as guidelines for elaborating regulations on lobbying.

The Assembly notes that the European Union and its institutions - 4. the European Parliament, the Council of the European Union and the European Commission -are particularly targeted by various lobbying groups, in view of their legislative and decision-making functions in implementing the European Union internal market.
This has an impact on European Union citizens and on consumers in Europe and worlcjwide.

5.

The Assembly notes with concern cases of secret and unbalanced lobbying, reports on conflicts of interest and the practice of limited access to official documents within some of the European Union institutions.

Some of these cases have been investigated by the European Ombudsman, who has found "maladministration" and has subsequently addressed specific recommendations to those institutions.

6.
6.

The Assembly welcomes the measures recently taken by the European Union institutions to improve its transparency and avoid conflicts of interest of its officials, in particular the revamped Joint Transparency Register set up in the European Parliament and the European Commission and the adoption, in 2011, of the Code of Conduct for Commissioners.
It stresses that the values of democracy and good governance, enshrined in European Union law and on which the European Union is grounded, inspire many nations, citizens and democratic movements in Europe and worldwide.

It notes, however, that additional measures need to be introduced in order to ensure fair and balanced access to the European Union institutions by all interested actors, including non-economic interest groups, as well as full and unimpeded access to their documents.

1.
1.

Assembly debate on 23 June 2016 (26th Sitting) (see Doc.

14075, report of the Committee on Legal Affairs and Human Rights, rapporteur: Ms NataSa VuCkovi6; and Doc.

14096, opinion of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Ms Chiara Taktakishvili).

Text adopted by the Assembly on 23 June 2016 (26th Sitting).

See also Recommendation 2094 (2016).

,.

Resolution 2125 (2016) 7.


The Assembly also notes that very few Council of Europe member States have a regulatory framework on lobbying activities, including a transparency register.

It therefore calls on national parliaments to ensure that such frameworks are set up and to reinforce legal and institutional guarantees for civil society and the media related to the monitoring of lobbyist activities, including the possibility to verify the accuracy of data contained in a register.
The Assembly calls on member States to do their utmost to promote the principles of transparency, 8. accountability, integrity and primacy of the public interest and to implement the existing international instruments in this field, including the relevant Council of Europe conventions and recommendations as well as the recommendations of GRECO.

9.
9.

The Assembly also calls on the European Union and on those member States of the Council of Europe which have not yet done so to sign and/or ratify the Convention on Access to Official Documents and to take into account Assembly Recommendation 1908 (201 0).

10.

The Assembly calls on the European Union to step up its co-operation with the Council of Europe in the fight against corruption, in particular by speeding up the negotiations on European Union participation in GRECO.
It also calls on the European Union institutions to take their decisions as openly as possible.
For this purpose, the Assembly recommends that the European Union institutions: implement the European Ombudsman's recommendations on transparency, avoiding conflicts of 10.1. interest and ensuring access to documents; 1 0.2. further improve the Joint Transparency Register, by expanding it to all institutions of the European Union, making registration of lobbyists oblig~tory and introducing sanctions for non registration and providing inaccurate data; 10.3. publish legislative footprints in order to track any input received from third parties aimed at influencing European Union legislation and policies; 10.4. amend t11e European Parliament's Code of Conduct by introducing "cooling-off' periods for departing members in order to avoid conflicts of interest; 10.5. revise Regulation (EC) No.
1049/2001 regarding public access to European Parliament, Council and Commission documents in order to expand it to other European Union institutions, bodies, offices and agencies.

11.

The Assembly values the relevant contributions by (I)NGOs to its own work, as well as to the work of standard-setting and monitoring bodies.

(I)NGOs bring expertise, identify new issues to be addressed, share information and advocate for Council of Europe standards, at European and national level.
The Assembly welcomes the decision of the Secretary General of the Council of Europe to revise, in consultation with the INGO conference, the guidelines on the participatory status for INGOs within the Council of Europe.

In the framework of the forthcoming revision, the Assembly invites the Secretary General to ensure that (I)NGOs involved in the Council of Europe's work are the most varied, representative and relevant possible and ensure a fair geographical representation.
Special steps should also be taken to ensure that the relevant secretariats have enough time and resources to reach out to new relevant (I)NGOs, including youth organisations, and to create new partnerships.

12.

The Assembly welcomes the gradual consolidation of the Council of Europe integrity system for staff and the one set up by the Parliamentary Assembly for its members.
The Assembly undertakes to take further steps to improve the Assembly's efficiency and effectiveness in dealing with conflict of interest situations through, notably, organising information seminars for both members of the Assembly and Council of Europe staff in order to deal effectively with situations relating to allegations of conflicts of interests, and reflecting on the need to widen the definition of conflict of interests.
The Assembly invites its Bureau to continue reflecting on the best possible ways of ensuring transparency of the interactions between interest group representatives and Assembly members.

2 ~ Parliamentary Assembly lffL~ Assemblee parlementaire ~~ ~~~~~~~~~·~~~~~~~~~~~~~~~~me Resolution 2126 (2016)1 Provisional version The nature of the mandate of members of the Parliamentary Assembly Parliamentary Assembly 1.

The Statute of the Council of Europe (ETS No.
1) and the Rules of Procedure of the Parliamentary Assembly, which define and govern the competences of Assembly bodies and parliamentary procedures, say nothing about the status of members of the Assembly and the nature of their mandate, and merely specify that the members of the Assembly are elected within the national or federal parliament or appointed from among their members (Article 25 of the Statute of the Council of Europe and Rule 6 of the Assembly's Rules of Procedure).
2. International organisations being instruments of co-operation between States, it is common ground that their statutes govern relations between the organisation and its member States.
It is therefore clear that, because of the actual legal nature of the instrument founding the Council of Europe, the members of the Assembly are considered not as individual "subjects of law", but in terms of their membership of one of the Organisation's two statutory bodies: as "Representatives to the Assembly", they enjoy the protection of a specific European statutory and treaty-based system of immunities.
The Rules of Procedure, supplemented by complementary texts, also comprise several provisions 3. relating to the guarantees and rights, but also obligations, governing the exercise of their European mandate.

4.

The members of the Assembly sit as members of a national delegation, but also, where the great majority of them are concerned, in respect of a political group to which they have declared their affiliation.
As national elected representatives, parliamentarians are mandated by their electorate to act in the general interest, albeit with respect for the political values professed by their political party.
As members of the Assembly, they undertake to adhere to the fundamental objectives and principles of the Council of Europe (Rule 6 .. 2 of the Rules of Procedure) and, to the extent that they are affiliated to one of the five political groups of the Assembly, to promote the group's objectives, values and principles.
In accordance with the principle of representative democracy, in Europe national parliamentarians have 5. a representative mandate which has the distinction of being general, free and irrevocable, and implies freedom of action, opinion and expression and an individual right to vote.
The constitutional or legislative provisions governing the functioning of the parliamentary system in Council of Europe member States highlight, firstly, the non-binding or conditional nature of the mandate, in other words, from a legal viewpoint, their party.
elected representatives enjoy absolute Parliamentarians are considered to be able to exercise their mandate freely and not be bound by any undertakings given before their election or instructions received from voters during their mandate: they are not bound by instructions from their voters and are not obliged to follow the instructions of their party.

independence vis-a-vis both their electorate and 6.
In theory, parliamentarians are free to make their own decisions, as expressed through the votes they cast, and are not obliged to support the position of their political party or group in parliament, honour their pledges to it or vote as their parliamentary group directs.

In parliamentary practice, the principle that mandates 1.

Assembly deba/e on 23 June 2016 (26th Sitting) (see Doc.
14077, report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Ms NataSa VuCkovi6}.

Text adopted by the Assembly on 23 June 2016 (26th Sitting).

~ ' Resolution 2126 (2016) are independent and irrevocable is clearly waning in the face of party discipline and compliance with voting instructions, an inescapable feature of how parliamentary institutions operate today.
The importance of the party system rests firstly, at the pre-election stage, on the process of nominating candidates and secondly, after the election, on the freedom of parties and groups to expel members whose conduct is disloyal or damaging to the party or group concerned.
There is, then, a kind of "imperative mandate" operating in parliamentary institutions, through the threat 7. of suspension or expulsion from one's political party or group, with the pressure placed on parliamentarians leading them to resign or face sanctions.

8.
8.

The Assembly points out that, notwithstanding the provisions of Rule 6 of its Rules of Procedure ensuring compliance with the principles of fair political representation and gender equality, the composition of national delegations and the appointment or replacement of their members are a matter for national parliaments, in accordance with their internal procedures.

The same applies to the participation of members in sessions of the Assembly or meetings of its committees.

9.
9.

The Assembly notes that, in the last few years, irregularities occurred in Assembly delegations, often bringing to light gaps and shortcomings in the rules of procedure of the national parliaments concerned.
In particular: 9.1. the rules of procedure of national parliaments have often been implicated in that they can serve as a legal front for measures imposing a disguised sanction founded on a political motive, particularly where delegation members are replaced on the pretext of individual resignations or an overall renewal of membership following elections; the rules of procedure of national parliaments are reported to have been misused to restrict 9.2. travel or prevent the participation of a delegation member in a part-session or an Assembly committee meeting.
10.

It also expresses its profound concern at the serious infringements of the independence and freedom of expression of some of its members or now former members, who have been the target of disguised sanctions on the part of the parliament or their national political party.

11.
11.

In this connection, the Assembly firmly points out that the European Court of Human Rights attaches the utmost importance to freedom of expression in the context of political debate, and affords enhanced protection to it, by establishing in its case law the principle of the free expression of parliamentarians as a condition sine qua non for their independence in the discharge of their mandate.
The Court considers it essential, in a democratic society, to "defend freedom of political debate, which is at the very core of the concept of a democratic society".

12.
12.

Moreover, the Assembly considers that although, at national level, party discipline is a prerequisite for stable pa1ties and party coalitions and the effectiveness of their policy, such considerations are less relevant when it comes to promoting within the Parliamentary Assembly the aims and basic principles of the Council of Europe and collaborating "sincerely and effectively" in the promotion of "ideals and principles which are the [Europeans'] common heritage".

13.
13.

The Assembly considers that its members should enjoy a status comprising recognition of minimum guarantees in the exercise of their European mandate, and that there is a need to promote a certain number of principles based on a proper balance between freedom of opinion and parliamentary votes and respect for the political obligations that flow from membership of a political party or group.
It calls on national parliaments and their delegations to the Assembly to recognise and take due account of the following general principles, which should regulate the conditions under which the Assembly mandate is exercised: 13.1. with regard to the guarantees and rights enjoyed by Assembly members: 13.1.1.
Assembly members exercise their mandates freely and independently; they are not bound by any instructions from their delegation, their national political party or their political group in the Assembly; 13.1.2.
Assembly members express their opinions freely, whether through their statements, speeches or votes, in all their activities in the Assembly and its various bodies, while complying with Rule 22 of the Rules of Procedure and rules of conduct in the Assembly; 13.2. with regard to the duties of Assembly members: 13.2.1.
Assembly members shall act in accordance with the Rules of Procedure and rules of conduct; they participate in a responsible and constructive manner in the Assembly's work; 2 Resolution 2126 (2016) 13.2.2.

Assembly members have a duty of accountability to their delegation, their national political party and their political group in the Assembly; they act in compliance with the principles of transparency, honesty, integrity and trust.

14.
Recalling Resolution 1640 (2008) on the use by Parliamentary Assembly members of their dual parliamentary role - both national and European, the Assembly urges national parliaments to review their rules of procedure and their practice relating to the participation of delegations in Assembly sessions and the meetings of Assembly committees and other bodies, and calls on them to revise any provisions which hinder the effective participation of members in the activities of the Assembly, in particular of substitutes when they are assigned specific functions in the Assembly and its committees.
In this connection, the Assembly points out that, under both the Statute of the Council of Europe (Article 15.

25) and its own Rules of Procedure (Rule 11), following parliamentary elections, the members of the Assembly remain full members until the parliament concerned makes new appointments.

Consequently, parliaments are obliged to authorise their participation in the activities of the Assembly until they have seen to their effective replacement.
The Assembly calls on the national parliaments concerned to change the rules prohibiting the participation of delegation members when parliament has been dissolved or, following elections and pending the appointment of ·a new delegation, the participation of those members who have not sought re-election or not been re-elected.

16.
16.

Finally, the Assembly calls on the Congress of Local and Regional Authorities of the Council of Europe to review the status of local and .regional elected representatives in Europe, in particular the question of the revocation of their mandate.
.. 3 ~ Parliamentary Assembly ttfl~ Assemblee parlementaire ~~ ~&@~l@fu&llu~~~~~~~~~~~~~~~~~~~OOROOR Resolution 2127 (2016)1 Provisional version Parliamentary immunity: challenges to the scope of the privileges and immunities enjoyed by members of the Parliamentary Assembly Parliamentary Assembly Even if it can rely on an age-old democratic tradition and stable institutions, no parliament of a Council 1. of Europe member State can consider itself immune in absolute terms to possible attacks on its sovereignty and integrity or on the independence and freedom of expression of its members in the exercise of their mandate.
The Parliamentary Assembly recognises that, despite a common constitutional tradition, the system of 2. parliamentary immunities is deeply steeped in the traditions and the political culture specific to each country and varies considerably in Europe, whether in terms of its nature, scope or existing parliamentary practices.

Almost all member States grant their elected politicians parliamentary immunity deriving from the need to protect the very principle of representative democracy.

3.
3.

The Assembly reiterates that the primary purpose of parliamentary immunity, in its two forms - non liability and inviolability-, lies in the fundamental protection of the parliamentary institution and in the equally fundamental guarantee of the independence of elected representatives, which is necessary for them to exercise their democratic functions effectively without fear of interference from the executive or judiciary.

4.
4.

The system of non-liability is generally extremely stable in the member States.

In theory and as a matter of principle, non-liability is absolute, permanent and perpetual in nature.

It exempts members of parliament from legal proceedings for acts carried out, statements made, votes cast or opinions expressed in a parliament or in the discharge of their parliamentary duties.

5.
5.

Inviolability is a special form of legal protection enjoyed by members of parliament, whereby certain legal measures, such as arrest, detention or prosecution, may not be taken against them for acts unrelated to their parliamentary duties without the consent of the parliament of which they are members, except where they have been caught committing an offence or have been handed a final conviction.
It is temporary in nature and applies only for the duration of the term of office, so that it can always be waived.

There are significant differences regarding the nature and degree of protection granted by the rules to members of parliaments in member States.

Since the adoption of Resolution 1325 (2003) on immunities of members of the Parliamentary 6.
Assembly, the political situation in Europe has changed and criticism has been voiced in civil society in the name of the principle of equality before the law calling into question the legitimacy of some forms of immunity, which are condemned as granting members of parliament rules ensuring their virtual impunity.

1.

Assembly debate on 23 June 2016 (26th Sitting) (see Doc.

14076, report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Ms Liliana Palihovici).
Text adopted by the Assembly on 23 June 2016 (26th Sitting).

See also Recommendation 2095 (2016).

Resolution 2127 (2016) 7.

The absolute protection of the acts and statements of members of parliament, especially as far as hate speech is concerned, does indeed pose a problem in the present situation in view of the rise of extremism and nationalism against the backdrop of an upsurge in terrorism and the migration crisis.
The Assembly notes and welcomes the fact that in some States insulting or defamatory utterances, incitement to hatred or violence or, in particular, racist remarks are not covered by non-liability rules.

Similarly, parliamentary immunity may be open to misuse or the obstruction of justice, especially in 8. connection with the fight against corruption underway in many States.
The Assembly notes, like the European Commission for Democracy through Law (Venice Commission), that the existence of such a system of immunity may undermine public confidence in parliament and discredit politicians.

The Assembly welcomes the development and consolidation of the rule of law and democratic societies 9. in Europe, which have reduced the need for parliamentary inviolability, which is now no longer considered an imperative form of protection and is restricted in scope by some member States.
The establishment of the pan-European system of human rights protection combined with the effectiveness of the judicial system is today supposed to protect a member of parliament from any harassment, undue pressure or wrongful accusation.

10.
10.

The Assembly is concerned about the interpretation which could be given to the position taken by the Venice Commission in 2014 in which it called on States "that have rules on parliamentary inviolability" to revise them "in order to evaluate how they function and whether they are still justified and appropriate in a present day context, or whether they should be reformed".
It wishes to emphasise that the entrenchment of a genuine and stable culture of democracy throughout the European continent presupposes the consolidation of a culture of political alternation, the transparency of political life and respect for the rights of the political opposition in all States.
This stage has not yet been reached in some of the youngest democracies in Europe that "are not yet wholly free from their authoritarian past" and where "there is real reason to fear that the government will seek to bring false charges against political opponents and that the courts may be subject to political pressure".
Moreover, in the above-mentioned context, the desire of incumbent governments to stay in power is reflected in successive changes in the electoral laws and amendments to the constitution aimed at weakening the opposition.

11.
11.

The Assembly notes that parliamentary inviolability continues to fulfil its original fundamental role in countries that do not provide their parliamentarians with adequate means of protection, especially because their judicial and criminal justice system provides insufficient safeguards.
In general terms, protecting members of parliament against any judicial action based on the intention to harm their political activities constitutes an important safeguard for the political minority and a means of protecting the opposition.
Therefore, the Assembly condemns methods of exerting political pressure that take the form of opening or re opening proceedings against members of parliament with no connection to their parliamentary mandate whatsoever, such as taxation matters, or instituting criminal proceedings against members of their family.
Accordingly, it reaffirms the need to maintain a system of inviolability that, as the European Court of Human Rights has pointed out, makes it possible to prevent "any possibility of politically motivated criminal proceedings (fumus persecutionis) and thereby protects the opposition from pressure or abuse on the part of the majority".
The Assembly calls on member States that are considering reviewing the system of immunities that 12. protect members of parliament, or have already begun to review it in response to criticism, to take into consideration the following general principles: 12.1. immunity is a fundamental democratic safeguard born of the need to preserve the integrity and independence of parliaments, their operation and their acts as institutions; it is not a personal attribute available to the elected representative and its aim is not to protect his or her individual interests; 12.2. parliamentary immunity protects the free exercise of the parliamentary mandate and, whether it covers acts strictly bound up with or unrelated to their parliamentary duties, it must not be open to misuse or the obstruction of justice; the exercise of elective office involves compliance with ethical behaviour and the obligation to account for one's acts; immunity is not a system of impunity; the basic rules of parliamentary legal provisions with 12.3. constitutional status, at least as far as its most important aspects are concerned, such as its scope and extent and the rules for waiving it; its recognition at the top of the hierarchy of legal rules enables the integrity of parliaments and the independence of their members in the exercise of their mandate to be permanently guaranteed in the case of political instability or any attempt by the executive to interfere; immunity must be enshrined in 2 Resolution 2127 (2016) 12.4. a revision of the scope and extent of parliamentary immunity must be carefully examined with regard to its objectives, its criteria and its impact, be based on a rational approach free from any demagogy or populism, be debated objectively and be open to wide-ranging public discussion; such a revision should avoid any disruptive change in the system of immunity by switching, for example, from a set of rules that provide a great deal of protection to the total elimination of parliamentary safeguards; in this context, account must be
 taken of the crucial need to preserve the rights and integrity of 12.5. members of the political minority during and after the end of the parliamentary mandate; 12.6. freedom of speech is an intrinsic part of parliamentary work and elected politicians must be able to debate without fear many different issues of public interest, including controversial or divisive subjects or matters relating to the operation of the executive or the judiciary; however, remarks and statements inciting hatred, viol.ence or the destruction of democratic rights and freedoms can be excluded from the scope of non-liability; members of parliament who misuse the public forum could render themselves liable to internal disciplinary action in accordance with a transparent and impartial regulatory procedure, or even the withdrawal of their parliamentary mandate if they commit a serious and persistent violation; 12.7. the procedure for waiving parliamentary inviolability must comply with the principles of transparency, legal certainty and foreseeability and respect procedural safeguards relating to the rights of the defence, in order to prevent any possibility of a selective or arbitrary decision.
Finally, the Assembly reminds its members that they are covered by specific rules of immunity that they 13. share with the members of the European Parliament.

This immunity is autonomous in nature as it is distinct from and independent of national parliamentary immunity, which members of parliament may enjoy in the territory of their own State.
The Assembly recognises the validity of the criteria developed in the last few years by the European Parliament when considering requests for members' immunity to be waived.

The Assembly emphasises that the immunities provided for its members by the Council of Europe 14.
Statute and Articles 13, 14 and 15 of the General Agreement on Privileges and Immunities extend to an Assembly member immediately on becoming a member of the Assembly and cover the whole period of his or her activity as a member of the respective national delegation to the Assembly during the sessions of the Assembly.

15.
15.

The Assembly invites member States to take all necessary measures to ensure compliance with obligations under the General Agreement on Privileges and Immunities of the Council of Europe and its Protocol, on which they have not expressed reservation or made an interpretative declaration.
It is concerned about the changes to national systems of parliamentary immunity, in particular by means of amending or suspending constitutional provisions, which lead, in practice, to render ineffective Article 15.a of the General Agreement on Privileges and Immunities, and to remove de facto protection accorded to members of the Assembly on the territory of their own State, as defined by the Assembly in its Resolution 1490 (2006).

16.
16.

The Assembly reminds member States that it must decide on the lifting of the immunity of its members in cases where national law requires authorisation from a national parliament prior to the criminal prosecution of its members.
It considers that the need to ensure respect for the rule of law and to prevent any disguised attempt to cause political damage to a member (fumus persecutionis) requires the Assembly to consider lifting the immunity which members enjoy under Article 15.a of the General Agreement on privileges and immunities, regardless of the procedure that could take place at national level.

17.
17.

In this connection, the Assembly urges member States to act in strict compliance with their obligations under Article 40 of the Statute of the Council of Europe (ETS No.1) and Articles 13, 14 and 15 of the General Agreement on Privileges and Immunities of the Council of Europe and its Protocol (ETS Nos.

2 and 1 0) and to guarantee their effective application.
It strongly condemns the breaches by some States of the immunity status of Assembly members and, in particular, of the principle of free movement, and reiterates that a violation of these statutory provisions falls within the scope of Rule 8 of the Assembly's Rules of Procedure (challenge of still unratified credentials on substantive grounds).

18.
18.

The Assembly decides to request the opinion of the Venice Commission on the suspension by a provisional clause of Article 83 of the Constitution of Turkey, which guarantees the parliamentary inviolability of members of the Grand National Assembly.

3 ,. '

Resolution 2128 (2016)1 Provisional version Violence against migrants Parliamentary Assembly 1.
The Parliamentary Assembly is very concerned about the increased phenomenon of violence against migrants in Europe, which manifests itself in forms such as physical violence, labour exploitation, trafficking, sexual harassment and abuse, discrimination and hate speech.

2.

Regrettably, very few European governments have taken active steps to combat the root causes of violence against migrants.
Moreover, during the recent economic crisis, anti-migrant rhetoric has been widely used by populist parties and mass media, provoking stigmatisation, intolerance and xenophobia.

The introduction of increasingly restrictive policies towards migrants and harsher measures against irregular migration is also exacerbating the situation.

3.
3.

The Assembly is deeply concerned about women and children migrants, who are particularly vulnerable to different forms of violence and abuse, including sexual violence, especially in detention centres or places with high concentrations of migrants.

These groups should receive special protection from the receiving countries, including through the provision of safe reception facilities and alternatives to their detention.

4.
4.

The Assembly believes that the opening of regular channels for migration, combating the exploitation of migrants in the labour market, the promotion of a positive image of migrants in political discourse and in the media, as well as the development of social inclusion programmes are the most effective steps to combat violence against migrants in Europe.

5.
5.

The Assembly therefore calls on all member States of the Council of Europe to place the protection of the human rights of migrants at the forefront of migration management priorities and to combat racism, discrimination and hate speech, which lead to violence against migrants.
In particular, it asks the member States which have not yet done so: 5.1. through legal measures, to: 5.1.1. the victims' status; ensure that the perpetrators of violence against migrants are prosecuted regardless of 5.1.2. ensuring that irregular migration is not considered a criminal offence; consider the possibility of reviewing and amending national legislation with the aim of 5.1.3. and, in particular, to ensure that all forms of incitement to racial discrimination are criminalised; strengthen national legislation against hate speech, discrimination and xenophobia 5.1.4. equal access to justice; amend national legislation to enable all migrants who are victims of violence to have 5.1.5. specific criminal offence; amend national criminal legislation to ensure the prosecution of "hate crimes" as a ~ .
1.

Assembly debate on 24 June 2016 (27th Sitting) (see Doc.

14066, report of the Committee on Migration, Refugees and Displaced Persons, rapporteur: Mr Andrea Rigoni).

Text adopted by the Assembly on 24 June 2016 (27th Sitting).
~ - ':"-~::~~-~~i_6707(Str~4¥~-g~~~d:~;y:_l r>-~~biY®,~:Mt .--:-'l .. -ter:~#~'~:aa·4{~0}:!0_--:-_: f-_-:_-i~:-:+.as-3 86_~1 2733 ~ Resolution 2128 (2016) 5.1.6. include special provisions in national labour-related legislation to punish employers who commit violent or illegal acts against migrants, including failure to pay wages or unlawful dismissal; 5.1.
7. of All Migrant Workers and Members of their Families; ratify the United Nations 1990 International Convention on the Protection of the Rights ratify and fully implement the Council of Europe Convention on Preventing and 5.1.8.

Combating Violence against Women and Domestic Violence (CETS No.

210, "Istanbul Convention") in order to ensure protection for migrant women in all Council of Europe member States; 5.1.9.
Children against Sexual Exploitation and Sexual Abuse Convention") in order to provide protection for migrant children against such abuse; ratify and fully implement the Council of Europe Convention on the Protection of (CETS No.
201, "Lanza rote 5.2. through protection and assistance to the victims of violence, to: 5.2.1. procedures; put in place measures to ensure the safety of migrants during criminal justice provide the necessary care for victims (medical treatment, psychological and social 5.2.2. assistance) without discriminating against the migration status of victims and paying special attention to vulnerable groups (women, children, and lesbian, gay, bisexual and transgender (LGBT) people); 5.2.3. lodge complaints; ensure that victims of violence in detention centres have access to legal aid and can 5.2.4. promote alternatives to immigration detention, in particular for children; 5.2.5. inform migrants who are victims of violence of their rights and of available remedies, and provide information on social services through helpdesks or printed materials, for instance, so that they can receive assistance; through the prevention of violence by means of information, awareness raising and integration, 5.3.1. information on violence committed against migrants and share it with all related institutions; in co-operation with non-governmental organisations, collect, analyse and systematise 5.3.2. on how to deal with hate crimes and how to assist the victims; provide training for law-enforcement personnel and prosecuting and judicial authorities 5.3.3. against migrants and promoting migrants' integration; support the work of non-governmental organisations working with victims of violence 5.3.4. religious traditions, thereby promoting tolerance and the social inclusion of migrants.
raise the awareness of migrants and local host communities about cultural and 5.3. to: 6.

The Assembly considers that local communities play a major role in preventing violence against migrants.

The member States of the Council of Europe should therefore empower local authorities to support migrants' integration through housing, social inclusion and job creation programmes.
2 l.L£?-- Parliamentary Assembly ~~ Assemblee parlementaire ~~~ ~~~H~kJm,t~~gm~gm~~~~~~~~~~~~~~~~ Resolution 2129 (2016)1 Provisional version Road safety in Europe as a public health priority Parliamentary Assembly 1.

Europe has seen significant progress in the last decades as regards improved road safety, and some European countries have the lowest accident rates in the world.
The Parliamentary Assembly nevertheless draws attention to the severe public health impact of road accidents, resulting in high numbers of people dying or having to live with disabilities.

The situation could worsen in the coming years.

2.

The Assembly recalls the principles laid down in the Global Status Report on Road Safety 2015 of the World Health Organization (WHO) and the United Nation's Global Plan for the Decade of Action for Road Safety, which provide the framework for policy action.
The Assembly also recalls the recently adopted Sustainable Development Goals (SGG) on the halving of the number of global deaths and injuries from road crashes by 2020, and the provision of access to safe, affordable and sustainable transport systems for all.

The Assembly urges member States to develop effective long-term policies for road safety and to better 3. co-ordinate their practices, taking into account the variety of legislation and policies across Europe.
More specifically, the Assembly recommends that member States step up co-ordination and action in 4. order to: 4.1. implement legislative and policy measures at international, national, and local level, including the implementation of good practices (for example, "zero-death" policies and action plans for road safety) and securing commitment from major decision-makers to ensure effective enforcement; 4.2. make a comprehensive assessment of the current road safety situation in their countries, to allow decision-makers to take efficient measures and to set targets for road safety to be achieved by 2020; 4.3. designate lead agencies to put in place comprehensive road safety data programmes to support the implementation of national road safety strategies, plans and targets, and to monitor their implementation, supporting pilot projects and the application of ISO 39001 standards in road safety management systems; 4.4. encourage the creation of multi-sector partnerships, including governments and their agencies, private sector companies, industry, academia and non-profit organisations, to make technical and scientific knowledge and information available rapidly to all stakeholders, including by open data sharing systems; provide adequate financing for programmes promoting road safety and invest a mandatory 4.5. percentage of 10% of road infrastructure expenditure on safety; 4.6. address the key behavioural risk factors, as essential elements of any action plan to increase for drivers, cyclists and the safety of roads, pedestrians, and include road safety education knowledge, skills and attitudes in school curricula from an early age; including through awareness-raising campaigns 1.
Assembly debate on 24 June 2016 (27th Sitting) (see Doc.

14081, report of the Committee on Social Affairs, Health and Sustainable Development, rapporteur: Ms Naira Karapetyan).

Text adopted by the Assembly on 24 June 2016 (27th Sitting). ''
Resolution 2129 (2016) 4.7. develop and implement legislation and policy measures on issues such as the influence of alcohol, drugs, diseases and the use of medicines on driver performance, including periodic driving tests and medical checks to enable the evaluation of the continuing capacity to drive, with co-ordination between health-care departments and transport authorities; introduce urban planning designed to protect vulnerable road users, notably pedestrians and 4.8. cyclists, including by promoting public transport, walking and cycling; 4.9. make compulsory the use of helmets on motorcycles and of seat belts and child restraints in cars, put in place other safety measures (such as special pavements and speed bumps), forbid the use of mobile phones while driving, enforce credible speed limits (for example maximum 50 km/h in urban areas, with lower limits in residential areas and in the vicinity of schools and sport facilities) adapted to the environment and driving conditions, give priority to pedestrians and promote the use of active and passive safety equipment and technological improvements on all roads and in all vehicles; further develop first aid and rescue systems on the roads, emergency transportation, quality 4.1 0. post-crash care, treatment in hospitals and rehabilitation; 4.11. put into place and promote adequate training for new drivers.
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