[Documents/Docheader.htm]Parliamentary Assembly Autumn Session (25 September-2 October 2003)
REPORT SUMMARIES
Titles
Threat posed to democracy by extremist parties and movements in Europe
Racist, xenophobic and intolerant discourse in politics
Honouring of obligations and commitments by Ukraine
Relations between the Council of Europe and non-governmental organisations
Impact of the “Mexico City Policy” on the free choice of contraception in Europe
Common policy on migration and asylum
Policies for the integration of immigrants in Council of Europe member states
The reform of health care systems in Europe: reconciling equity, quality and efficiency
Abolition of the death penalty in Council of Europe observer states
The OECD and the world economy
Threat posed to democracy by extremist parties and movements in Europe
Report by Mirjana Feric-Vac (Croatia, Socialist Group) on behalf of the Political Affairs Committee
Extremist political organisations – those which reject, overtly or covertly, the principles of democracy and can generate a climate of violence – are on the rise throughout Europe, according to the Political Affairs Committee. Such groups often believe in intolerance, exclusion, xenophobia, anti-semitism or ultra-nationalism, and some seek justification for their actions in religion. While all states must defend freedom of expression, assembly and association, the law should clearly allow for these rights to be limited for the purpose of fighting extremism. Organisations promoting extremism should be deprived of public money or even – as an exceptional measure, if a country’s constitutional order is under threat – dissolved altogether. Meanwhile, political parties should devise their own codes of ethics and citizens should be encouraged to resist the simplistic and stereotyped solutions on offer from extremist groups.
Racist, xenophobic and intolerant discourse in politics
Report by Kevin McNamara (United Kingdom, Socialist Group) on behalf of the Committee on Legal Affairs and Human Rights
Starting from the premise that true democracy must be founded on universal respect for human rights, the Legal Affairs Committee concludes that the right of political parties to form and campaign is not absolute and may be limited if they incite racism and xenophobia. Politicians involved in incidents or patterns of racist discourse could be suspended or dismissed from office and – as a last resort in exceptionally grave cases, and with safeguards against arbitrary application – the law should allow for parties to be prohibited or dissolved. Meanwhile European political parties could avoid such drastic measures by policing themselves, in particular by signing up for the “Charter of European Parties for a Non-Racist Society” – being re-launched by the Presidents of the Assembly and the European Parliament this week – in which they would pledge not to tolerate views which stir up hostility between ethnic or religious groups, or ally with parties which do, and would promise to deal firmly with racists in their own ranks.
Honouring of obligations and commitments by Ukraine
Report by Hanne Severinsen (Denmark, Liberal, Democratic and Reformers’ Group) and Renate Wohlwend (Liechtenstein, Group of the European People’s Party) on behalf of the Monitoring Committee
Although Ukraine has made progress since 2001, it has not yet honoured all its obligations and commitments as a Council of Europe member state, and the rule of law in many areas has not yet been fully established, according to the Monitoring Committee. In its seventh assessment relating to the country, the committee says laws passed must be put into practice at all levels of society, which means re-establishing public confidence in the court system and strengthening the independence of judges. Other areas of concern are a lack of progress in improving prison conditions, flaws in the election process, and the President’s attempts at ever-tighter control of the media. In particular, the committee condemns the violence against journalists – most prominently the killing of Georgyi Gongadze – and the low clear-up rate for such crimes. The committee concludes that the monitoring procedure – which currently applies to ten of the Council’s 45 member states – should be continued in the case of Ukraine.
Report by Boriss Cilevics (Latvia, Socialist Group) on behalf of the Committee on Legal Affairs and Human Rights
The Framework Convention for the Protection of National Minorities, in force for five years and now applying in 35 European countries, lays down minimum standards for protecting the culture, language and traditions of minorities designated by the states concerned and ensures these are assessed by periodic reports on each country. The only three member states which have not signed or ratified – Andorra, France and Turkey – should do so swiftly, according to the Legal Affairs Committee, and all states should refrain from making reservations or declarations which might be a source of arbitrary or unjustified distinctions. States do not have an unlimited right to decide which groups qualify as national minorities, it cautions, and again calls for the European Court of Human Rights to have the power to give advisory opinions on the Framework Convention.
Relations between the Council of Europe and non-governmental organisations
Report by Mikko Elo (Finland, Socialist Group) on behalf of the Political Affairs Committee
The Council of Europe has long granted “consultative status” to international NGOs interested in its work, an important way for European citizens to maintain dialogue with and influence the organisation on particular issues. Some 400 now enjoy this status. Yet both NGOs and the Council have changed, and the time has come to overhaul this relationship. The Political Affairs Committee approves of the Committee of Ministers’ proposal to offer “participatory” status to the most involved and effective international NGOs, but also believes the possibility of creating a specific status with the Assembly could enhance direct contact with parliamentarians.
Impact of the “Mexico City Policy” on the free choice of contraception in Europe
Report by Ans Zwerver (Netherlands, Socialist Group) on behalf of the Committee on Equal Opportunities for Women and Men
The US government’s Mexico City Policy – named after the city where it was first announced in 1984 – cuts US funding for organisations worldwide involved in “abortion-related activity”, including UN agencies and others working in Council of Europe member states such as Albania, Serbia and Montenegro, Moldova and Russia. Since the US is by far the largest donor to international family planning, foreign NGOs who are unable to keep abortion and family planning completely separate have been obliged to cut back their work. Paradoxically, this has meant that poorer women who cannot afford contraception have had to resort to unsafe abortions, according to the Equal Opportunities Committee. While Council of Europe member states should never promote abortion as a method of family planning, the committee believes, they should nevertheless ensure that it remains safe and accessible where it is not against the law. NGOs whose work has been curtailed by the Mexico City Policy should get priority funding from Council of Europe governments until the US can be persuaded to rescind the policy.
Report by Dick Marty (Switzerland, Liberal, Democratic and Reformers’ Group) on behalf of the Social, Health and Family Affairs Committee
Opinion by Kevin McNamara (United Kingdom, Socialist Group) on behalf of the Committee on Legal Affairs and Human Rights
Euthanasia is already taking place in Europe, according to the Social Affairs Committee, but often in the shadows of discretion or secrecy. Though illegal in most Council of Europe member states, it is rarely punished. This striking divergence between law and practice must be reconciled, the committee believes, if respect for the rule of law – a founding Council of Europe principle – is to be preserved. It calls for a Europe-wide public debate on the question, based on the collection and analysis of empirical evidence about end-of-life decisions from the public, doctors and courts – including in the Netherlands and Belgium, two Council of Europe member states where euthanasia laws are now operating. In the light of that, it calls on the governments of member states to consider whether legislation should be envisaged to exempt from prosecution doctors who agree to help terminally-ill patients who are undergoing constant, unbearable pain and suffering and who make a persistent, voluntary and well-considered request to end their lives. However the Legal Affairs Committee, in its written opinion, believes that “to allow patients to ask to be killed fails to protect their dignity and the rights that stem therefrom”.
Common policy on migration and asylum
Report by Michael Hancock (United Kingdom, Liberal, Democratic and Reformers’ Group) on behalf of the Committee on Migration, Refugees and Demography
People fleeing persecution in other countries, as well as those simply seeking a better life, are trying to enter Europe in ever greater numbers. Council of Europe member states should urgently agree a set of minimum standards for treating both asylum-seekers and migrants based on sound human rights principles, according to the Migration Committee. Among other things, such a policy should spell out that people in these groups be detained only exceptionally, are entitled to free independent legal advice and interpretation, can expect a decision on any asylum request within six months and have the right to appeal against any expulsion decision.
Policies for the integration of immigrants in Council of Europe member states
Report by Ans Zwerver (Netherlands, Socialist Group) on behalf of the Committee on Migration, Refugees and Demography
Millions of immigrants enjoy legal residence in Council of Europe member states and want to participate fully in the life of the host country, while respecting its rules and values. Yet a certain rhetoric has developed recently in the media and public opinion which often stigmatises immigrants, according to the Migration Committee. Member states should develop integration strategies which help immigrants to function in the society where they live while enabling them to preserve their cultural and ethnic identity, the committee believes. These should include introductory programmes for newly-arrived immigrants, with financial inducements to encourage participation, in which they would receive language tuition, learn about the life and customs of the host society, and be offered advice on work, housing and health.
The reform of health care systems in Europe: reconciling equity, quality and efficiency
Report by Ovidiu Br�nzan (Romania, Socialist Group) on behalf of the Social, Health and Family Affairs Committee
With advances in medical technology, increasing populations – particularly older people – and shrinking budgets, European states are faced with hard choices in reforming their health-care systems. Since health is “a basic human right”, according to the Social Affairs Committee, the main criterion for judging success will be whether everyone continues to have equal access to the healthcare they need, without discrimination. Governments are going to have to put the emphasis more on prevention and primary health care, and will have to look closely at trends which might threaten that all-important equal access, such as patients paying more, private insurance or concentrating resources on flagship hospitals. Above all, “prevention” will have to become one of the pillars of any successful, efficient health system.
Abolition of the death penalty in Council of Europe observer states
Report by Renate Wohlwend (Liechtenstein, Group of the European People’s Party) on behalf of the Committee on Legal Affairs and Human Rights
Two years ago the Assembly warned the United States and Japan – the only two Council of Europe observer states carrying out the death penalty – that they should take steps to abolish it or risk having their observer status questioned. Both countries, the Assembly pointed out, were violating their obligation under the Council’s rules to accept one of its most fundamental principles (the 45 member states constitute a “death-penalty-free zone”). The Assembly also resolved to promote dialogue with parliamentarians in both countries. This has been fruitful and ongoing in Japan, according to the Legal Affairs Committee – an Assembly conference in Tokyo took the abolition debate to the highest levels of Japanese politics, contributing to growing support for an abolition bill – but has largely failed in the US, where not a single Congressman or woman came to a similar conference in Washington DC. Meanwhile, the executions go on in both countries: 4 in Japan and 137 in the US since the Assembly’s last resolution. It is becoming increasingly difficult for the Council of Europe to accept the death penalty in its observer states, the committee says. The Assembly should continue trying to promote dialogue – with more help from the Committee of Ministers – but both observer states must make more of an effort to fulfil their obligations.
The OECD and the world economy
Report by Charles Caccia (Canada, Liberal Party) on behalf of the Committee on Economic Affairs and Development
Each year, the Assembly joins with parliamentarians from the OECD countries which are not members of the Council of Europe (Australia, Canada, Japan, South Korea, Mexico, New Zealand and the USA) in an Enlarged Assembly debate on the state of the world economy and the work of the OECD. Prepared and presented – for the first time ever – by a parliamentarian from a non-member of the Council of Europe, this year’s report commends the 30-member OECD for its work on environmental issues, but urges it to go further by switching its analysis from a narrow focus on economic growth to a broader focus on sustainable development. In doing so, the organisation needs to be more vigorous in applying the “precautionary principle” – taking measures to prevent possible damage to human health even before there is full scientific certainty.
Report by Wolfgang Wodarg (Germany, Socialist Group) on behalf of the Committee on Culture, Science and Education
Opinion by Bent H�ie (Norway, Group of the European People’s Party) on behalf of the Social, Health and Family Affairs Committee
The use of human embryos in research can help find new treatments for some incurable diseases – yet also involves, for the time being, their destruction, presenting an ethical dilemma for governments. The Committee on Culture, Science and Education believes the destruction of human beings for research purposes is against the right to life and against a moral ban on using human beings as “instruments”. Stem cell research should therefore be promoted only as long as it respects the life of human beings, in any state of their development, and should be duly authorised and monitored. States should sign and ratify the Council of Europe’s Bioethics Convention, which expressly prohibits the creation of human embryos for research purposes. Finally, the committee says the ethical aspects of research should be given priority over those of a purely utilitarian and financial nature.