SPEECH BY THE PRESIDENT OF THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE PETER SCHIEDER AT THE OPENING OF THE SUMMER 2003 PART-SESSION OF THE ASSEMBLY

STRASBOURG, 23 JUNE 2003

In recent months this Assembly has taken up a number of difficult, potentially divisive and crucially important subjects. In my view, the debates and the outcomes have done us honour, and we should continue to speak out when the most basic universal values are being challenged.

Resolution 1300 (2002) on threats to the integrity of the International Criminal Court of last September, which called on Council of Europe member states to refuse bilateral agreements giving blanket exemptions from ICC jurisdiction, has demonstrated its full relevance during the last few weeks when several countries in the Balkans have found themselves under US pressure to sign such agreements or face economic retaliation.

I spoke publicly on this issue and received the full support of our partners in the European Union. I also wrote letters to the parliaments of the countries concerned informing them of the Assembly's position.

The speech I gave on the occasion of the opening of the Stability Pact conference in Brussels on 21 May 2003 is available at the distribution counter.

On Thursday we will debate a report on the rights of persons detained in Guantanamo Bay and a report on the death penalty in Council of Europe observer states will be on the agenda of one of our future sessions.

In the US military base on Cuba, hundreds of persons, including some children, are being detained without being charged of crimes or recognised as prisoners of war. The US authorities have created a status of "unlawful combatant" in order to deprive these detainees of many of the basic guarantees provided by international law and the US constitution. For many, including in the US, this practice qualifies as unlawful and we cannot remain silent - the defence of human dignity and the rights of all persons must be an essential part of our effort to eradicate terrorism around the globe.

There have been recent reports that execution facilities are being built inside the Guantanamo Bay detention centre. The death penalty, be it on Cuban soil or in the United States, or anywhere else in the world, is an affront to humanity. I have no doubt, however, that the notion of "evolving standards of decency", used by the US Supreme Court when ruling on the constitutionality of capital punishment, will eventually evolve to the point where the majority of the American people will understand and accept that putting people to death is indecent and uncivilized.

I know that, in these difficult times, there is little enthusiasm among our governments for raising new contentious issues which may displease our friends overseas, but I also believe that when it comes to the defence of our most fundamental values, we must have the courage to stand our ground and refuse to be bullied into submission.

This being said, I believe it is equally important to remain open to dialogue. I believe it is possible to work constructively for good relations with the United States while remaining firmly committed to our values of democracy, human rights and the rule of law.

I should like to offer these thoughts as a platform for the Assembly's future activities concerning the United States, and other partners around the world. I should like to see the emergence of a broad consensus which does not oblige us to make a false choice between our principles and our friends.

Dialogue is the only way forward. Neither an exchange of diplomatic platitudes at one extreme, nor the trading of denigrating remarks at the other, but a genuine, open, critical discussion between friends. We may not always agree, but we should always respect each other's point of view.

It should be accepted that it is not "anti-American" to support the authority of the United Nations, defend the integrity of the International Criminal Court, oppose wars without a clear mandate of the Security Council, demand fair and human treatment for detainees, or speak out against the death penalty.

It should also be accepted that it is not "anti-European" to hold different views, as long as these views are presented, not imposed.

In recent months this Assembly has also held a number of debates on the future of Europe, and another one - on the Council of Europe and the Convention for the Future of Europe - has been requested under urgent procedure for later this week.

If I were to put the Assembly's message into clear language - legal niceties aside - we are proposing that the European Union becomes an associated member of the Council of Europe.

We are encouraged by the Convention's backing for EU accession to the European Convention for Human Rights, which represents a crucial first step in this direction. This accession will guarantee that all European citizens will enjoy equal protection of their rights, regardless of whether these rights are affected by decisions on a national level or on the European level.

But our institutional links should go further than that. The European Union would boost the credibility of its unequivocal support for international law at the global level if it acceded to the body which represents - in many respects - the most comprehensive and farthest-reaching legally-binding international legal mechanism in the world. The compendium of almost 200 Council of Europe conventions and treaties, has, over the years, served as a model and inspiration for the United Nations and regional organisations across the globe.

Meanwhile this Assembly should continue to do what it does best - examine, discuss and innovate - in order to propose to our governments new solutions for the challenges facing European society today. From the future of the agriculture in Europe to the future of the European Convention on Human Rights, from respect for Council of Europe standards in our member states to the situation of Palestinian refugees, from regional conflicts to the trafficking of human beings, or their body parts - we remain relevant and to the point, acting with the courage of our convictions, the wisdom of our experience and the awareness of our responsibility to the Europeans in whose name we act.

I wish us all a very successful and productive week.