RAPPORTEUR GROUP

External relations

GR-EXT(2022)2

15 December 2021[1]

External relations of the Parliamentary Assembly of the Council of Europe Information document   Document prepared by the Secretary General of the Parliamentary Assembly of the Council of Europe Item to be considered by the GR-EXT at its meeting on 11 January 2022

 

 

1.       Introduction

1.       This overview provides a snapshot of the external relations of the Parliamentary Assembly, which are articulated in relations with:

-            national Parliaments of non-member States,

-            international parliamentary organisations/assemblies,

-            inter-governmental international organisations.

2.       Relations with national Parliaments of Council of Europe member States, with Council of Europe bodies/entities (e.g. Venice Commission, North-South Centre, etc.) as well as relations with international non-governmental organisations should not considered as part of “institutional” external relations as such.

3.       The Guidelines on external relations of the Parliamentary Assembly, reproduced in Part II, set out the main aims and scope of this policy, while clarifying the allocation of responsibilities between different Assembly structures.

2.       Relations with national Parliaments of non-member States

4.       The Assembly has defined three distinct categories of institutional relations with national Parliaments of non-member States: Observers (as established by Resolution 195 (1961)), Special Guests (as established by Resolution 920 (1989)) and Partners for Democracy (as established by Resolution 1680 (2009)). Parliaments enjoying these statuses can participate in the work of the Assembly through delegations, according to specific modalities laid down in the Assembly’s Rules of Procedure.

5.       Observer status is reserved to national Parliaments of non-member States which meet the conditions set out in paragraph 1 of Statutory Resolution (93) 26 of the Committee of Ministers on observer status.^[2]

6.       Special Guest status was introduced in 1989 to facilitate interparliamentary dialogue with the new European democracies which aspired to become members of the Council of Europe.

7.       Initially the conditions to be granted Special Guest Status included applying and implementing the Helsinki Final Act of 1 August 1975 and the instruments adopted at the CSCE conferences, together with the two United Nations International Covenants of 16 December 1966 on Civil and Political Rights and on Economic, Social and Cultural Rights. Following an amendment to the Assembly’s Rules of Procedure, as from 2016 the Bureau of the Assembly may grant special guest status to national parliaments of European non-member States which have applied for membership of the Council of Europe.^[3]

8.       As of today, no parliament holds Special Guest status. The National Assembly of Belarus obtained the status on 16 September 1992. The status was suspended on 13 January 1997 by a decision of the Bureau.

Special Guests Rule 62 of the Rules of Procedure	Observers Rule 63 of the Rules of Procedure	Partners for Democracy Rule 64 of the Rules of Procedure
At present there are no Special Guests with the Assembly.	-     The Israeli Knesset, on ad hoc basis since 1957, officially since 1961 with the institution of the Observers status in the Assembly Resolution 195 (1961) (3 representatives and 3 substitutes) -     Parliament of Canada, since 1997 - Resolution 1125 (1997) (6 representatives and 6 substitutes) -     Parliament of Mexico, since 1999 – Resolution 1203 (1999) (6 representatives and 6 substitutes)	-     Parliament of Morocco, since 2011 - Resolution 1818 (2011) (6 representatives and 6 substitutes) -     Palestinian National Council, since 2011 - Resolution 1830 (2011) (3 representatives and 3 substitutes) -     Parliament of Kyrgyzstan, since 2014 - Resolution 1984 (2014) (3 representatives and 3 substitutes) -     Parliament of Jordan, since 2016 Resolution 2086 (2016) (3 representatives and 3 substitutes)

9.       Finally, in its Resolution 1680 (2009), the Assembly decided to establish a Partner for Democracy status, with a view to developing co-operation with national parliaments of non-member States of neighbouring regions. The granting of the status is subject to the parliament in question making a number of political commitments in the areas of democracy, human rights and the rule of law. The partnership translates into the participation of delegations of the parliaments concerned in the work of the Assembly as well as in Assembly election observation missions and the organisation of interparliamentary co-operation activities on issues pertaining to democracy, human rights and the rule of law.^[4]

10.     It is worth noting that a report on Assessing the functioning of the partnership for democracy (Rapporteur: Ms Ria Oomen-Ruijten, Netherlands, EPP/CD) is currently under preparation in the Committee on Political Affairs and Democracy. The motion at the origin of the report contends that more than ten years after the introduction of this status, it seems timely to take stock of the experience of co-operation with the partners for democracy and consider ways of improving the functioning of the partnership.^[5]

11.     The Assembly also has relations with national parliaments from non-member States outside the three above-mentioned statuses.

Agreement on co-operation

Working relations

Parliament of the Republic of Kazakhstan (27 April 2004)

-     Parliament of Algeria (Resolution 1598 (2008) on Strengthening co-operation with the Maghreb countries) -     Parliament of Tunisia (Resolution 1598 (2008) on Strengthening co-operation with the Maghreb countries) -     Parliament of Lebanon (Resolution 2150 (2017) on The situation in Lebanon and challenges for regional stability and European security) The above-mentioned Parliaments are invited to appoint parliamentary delegations to attend Assembly plenary sessions and to be heard by the Committee on Political Affairs and Democracy.

3.       Relations with parliamentary organisations/assemblies

12.     The Assembly has established several co-operation agreements with international parliamentary bodies at global, regional and sub-regional levels, whose representatives may be invited to attend the Assembly’s debates:

13.     The Parliamentary Assembly has Observer status with the Parliamentary Assembly of the Black Sea Economic Co-operation (PABSEC), even if there is no formal co-operation agreement. The Parliamentary Assembly is also an associate member of the IPU and has the right to appoint an observer delegation to the NATO Parliamentary Assembly.

14.     In its Resolution 2277 (2019) the Assembly “considers it timely to evaluate its co-operation agreements with various international parliamentary assemblies or organisations with a view to possibly updating them and enhancing their effectiveness.” The explanatory report to this resolution points out that the topic of enhancing relations with the OSCE and its Parliamentary Assembly as well as with the NATO Parliamentary Assembly deserves further reflection and perhaps a separate report by the Committee on Political Affairs and Democracy.

4.       Relations with international organisations

15.     Rule 65 of the Assembly’s Rules of Procedure states that the Assembly may, on the proposal of the Bureau, invite national or international organisations to present reports or communications.

European Union	United Nations	Organisation for Economic Co-operation and Development (OECD)	OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR)	European Bank for Reconstruction and Development (EBRD)	Committee of the Red Cross (ICRC)
Rule 66 of the Rules of Procedure Agreement on the strengthening of co-operation between the the Parliamentary Assembly and the European Parliament (28 November 2007) Memorandum of Understanding between the Council of Europe and the European Union (2007)	Council of Europe agreements with the UN providing, inter alia, the right to participate in its General Assembly as an observer. Assembly Order 500 (1994) on Relations between the Council of Europe and the United Nations (with specific instructions for the Committee on Political Affairs and Democracy and for the Committee on Legal Affairs and Human Rights)	Relations formalised in 1962 Enlarged Assembly debates since 1993 Modification of the format of these Assembly debates and of the co-operation between the Assembly and the OECD since 2019  (See AS/Pol (2019) 04)	Assembly observes elections as part of an International Election Observation Mission (IEOM), which includes the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR)	Co-operation agreement since 1992	Co-operation agreement since 1995

16.     The Assembly’s external relations with international organisations are a dynamic field of activity, with the Assembly referring to them in a number of texts. As regards relations with the European Union, in paragraph 16 of its Resolution 2277 (2019) on the Role and mission of the Parliamentary Assembly: main challenges for the future, the Assembly:

-            “calls for increased participation of senior European Union officials, including European Commissioners, in relevant debates in the Assembly, as well as for more frequent exchanges of views between its committees and relevant committees from the European Parliament;

-            recalls its Resolution 1836 (2011) on the impact of the Lisbon Treaty on the Council of Europe and reiterates the proposals to set up an Assembly–European Parliament joint informal body to discuss topical issues of common interest, with a variable composition; organise, jointly with the European Parliament, interparliamentary conferences on specific topics of common interest; and enhance co-operation in joint electoral observation missions.”

17.     It is relevant to note in this context that the Committee on Political Affairs and Democracy is currently preparing a report on Ten years after the Lisbon Treaty: strengthening Council of Europe and European Union co-operation (Rapporteur: Mr Titus Corlăţean, Romania, SOC), which could suggest new avenues to strengthen synergies between the two organisations, at different levels.

18.     As regards co-operation with the United Nations, the Assembly has reiterated its firm support to achieving the Sustainable Development Goals (SDGs), as set out in the United Nations 2030 Agenda for Sustainable Development, and welcomes the important contribution by the Council of Europe to that end, including by the Assembly and national parliaments. Referring to its relevant texts – Resolution 2271 (2019) and Recommendation 2150 (2019) on Strengthening co-operation with the United Nations in implementing the 2030 Agenda for Sustainable Development and Resolution 2272 (2019) on Implementation of the Sustainable Development Goals: synergy needed on the part of all stakeholders, from parliaments to local authorities – it pointed to the need for the United Nations and the Council of Europe to enhance their co-operation, within their respective mandates, to accelerate the pace of the implementation of the SDGs towards fulfilling the 2030 Agenda.

19.     Finally, and in general terms, in its Resolution 2369 (2021) on The Assembly's vision on the strategic priorities for the Council of Europe, the Assembly argued that “Effective and sustainable co-operation with other multilateral organisations, both in Europe and around the world, should be further developed, thus strengthening the role of the Council of Europe as a cornerstone of European political architecture” (paragraph 7). In this text, the Assembly also highlighted “the importance of consolidating the role of the Council of Europe as a pillar of co-operative regional order in Europe, promoting the outreach of its legal instruments beyond European borders and enhancing partnerships with States and organisations in both its geographical neighbourhood and within close political proximity” (paragraph 23). At the moment, a report on The need for renewed, effective and inclusive multilateralism is under preparation in the Committee on Political Affairs and Democracy (Rapporteur: Ms Dora Bakoyannis, Greece, EPP/CD).^[6]

1.       General goals pursued by external relations

1.       The main objectives pursued by the external relations of the Assembly are to:^[8]

-         promote fundamental values which the Assembly considers to be universal;

-         make the work of the Assembly and its positions on key international issues better known, understood and accepted;

-         promote Council of Europe instruments and tools available, or serving as inspiration, to external players;

-         promote signature and ratification of Council of Europe conventions open to non-member states;

-         seek co-operation, synergies and complementarity with external partners;

-         strengthen parliamentarism, parliamentary institutions in non-member states and parliamentary dimension in international organisations.

2.       The Assembly’s external relations pursue one more goal, which is specific and limited in scope and has now nearly been achieved: accession to the Council of Europe.

3.       The Assembly should only consider establishing relations with external partners when these relations can serve to develop and promote the three core values of the Council of Europe: human rights, democracy and the rule of law.

2.       Scope

4.       External relations of the Assembly comprise relations with:

-         national parliaments of non-member states;

-         international parliamentary organisations/assemblies;

-         (inter-governmental) international organisations.

5.       The following should not be considered as part of “institutional” external relations as such:

-         relations with national parliaments of Council of Europe member states;

-         relations with Council of Europe bodies/entities (eg. Venice Commission, North-South Centre, etc.);

-         relations with international non-governmental organisations.

3.       Competencies

6.       The President of the Parliamentary Assembly, in the context of his/her relations with non-member states, can take initiatives and give political impetus to prepare the establishment of potential new relations or the development of existing co-operation with external partners.

7.       The Presidential Committee, as a consultative body, provides advice and guidelines to the President of the Parliamentary Assembly and to the Bureau in matters of external relations.

8.       Rule 14 of the Parliamentary Assembly’s Rules of Procedure states that the Bureau “guides the external relations of the Assembly”. According to the Special Rules of 2 July 1970 contained in the Assembly’s Rules of Procedure, the Bureau is also responsible for relations with the parliamentary and inter-parliamentary Assemblies of non-member States.

9.       The Bureau’s responsibility is complemented by the work of the Committee on Political Affairs and Democracy which, in line with its terms of reference, shall inter alia:

-         consider requests for membership of the Council of Europe; requests for granting observer status with the Council of Europe and with the Parliamentary Assembly; requests for special guest status with the Parliamentary Assembly; requests for partner for democracy status with the Parliamentary Assembly, and its evaluation to review the progress achieved in fulfilling the undertakings made by the parliaments concerned when they requested this status;

-         consider the situation in states which are not member states of the Council of Europe in the light of the fundamental values upheld by the Council of Europe, make proposals and, subject to the approval by the Bureau, take political action to promote these values;

-         prepare reports on the activities of the Organisation for Economic Co-operation and Development (OECD) and the European Bank for Reconstruction and Development (EBRD). For the preparation of the reports and the debates in the Assembly, the committee maintains relations with the OECD and the EBRD, and with parliaments of non-member States participating in these debates.

10.     According to Assembly Order 500 (1994) on Relations between the Council of Europe and the United Nations, the Committee on Political Affairs and Democracy draws up a report on the political challenges facing the United Nations and its necessary restructuring; establishes regular dialogue with the Director General of the United Nations Office in Geneva and holds a meeting of its relevant Sub-Committee in principle once a year in New York on the occasion of the United Nations General Assembly. The Committee on Legal Affairs and Human Rights is to establish regular contacts with the United Nations Commission on Human Rights, the United Nations Centre for Human Rights and the United Nations High Commissioner for Human Rights.

11.     In addition, the Committee on Political Affairs and Democracy “may propose to the Bureau the conclusion of co-operation agreements, or other ways of stepping up co-operation, with parliaments of non-member states and international interparliamentary institutions”.

12.     Furthermore, the Committee on Political Affairs and Democracy can set up sub-committees dealing with one or several aspects of the Assembly’s external relations (for instance, the Sub-Committee on External Relations, the Sub-Committee on the Middle East and the Arab world).

13.     Other Assembly committees, as appropriate, can also have a role to play in external relations, in line with their respective terms of reference.

14.     The Secretary General of the Parliamentary Assembly has regular contacts with external institutions and other assemblies. In the framework of these contacts, he/she seeks to reinforce co-operation and to enhance co-ordination in areas falling within the field of competencies of the Assembly as well as to make its work better known, understood and accepted. The Secretary General of the Parliamentary Assembly is a member of the Association of Secretaries General of Parliaments (ASGP). He/she regularly participates in joint meetings with the Secretary Generals of the Parliamentary Assembly of the OSCE and of the NATO Parliamentary Assembly to ensure better co-ordination and exchange of information on the work of the three Parliamentary Assemblies.

4.       Relations with national parliaments of non-member states

15.     The Assembly has established three distinct categories of institutional relations with national parliaments of non-member states: special guests, partners for democracy (as established by Resolution 1680 (2009)) and observers (as established by Resolution 195 (1961)).

16.     Relevant General Rules are Rule 14 of the Assembly’s Rules of Procedure and the Special Rules governing relations between the Parliamentary Assembly of the Council of Europe and the parliamentary and inter-parliamentary assemblies of non-member states.

17.     Special guest status:

-         Aim of this status: to facilitate the process of accession of the European countries which are not yet members of the Council of Europe.

-         Eligibility: the status is open to parliaments whose member States have applied for membership to the Council of Europe.

-         Relevant Rule: Rule 62 of the Assembly’s Rules of Procedure.

-         Procedure: upon formal request addressed by the President of the parliament concerned to the President of the Assembly, the Bureau of the Assembly may grant special guest status, after consultation of the Committee on Political Affairs and Democracy.

18.     Partner for democracy status:

-         Aim of this status: this status aims at developing co-operation with parliaments of non-member states of neighbouring regions as a means of consolidating democratic transformations and promoting stability, good governance, respect for human rights and the rule of law. This advanced co-operation status with the Assembly is accompanied by a number of rights in the Assembly as well as by political commitments undertaken by the Partners and followed-up by the Assembly.

-         Eligibility: the national parliaments of all southern Mediterranean and Middle Eastern countries participating in the Union for the Mediterranean-Barcelona Process (including the Palestinian Legislative Council) and of central Asian countries participating in the OSCE (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan) are eligible to request partner for democracy status with the Assembly. This geographical scope of eligibility has been defined by the Assembly in Resolution 1680 (2009), however the Assembly also states that “requests from parliaments of other States may also be considered if the Bureau of the Assembly so decides.”

-         Relevant Rule: Rule 64 of the Assembly’s Rules of Procedure.

-         Procedure: any formal request for partner for democracy status shall be addressed to the President of the Parliamentary Assembly by the President or Speaker of the parliament concerned. The decision to grant, suspend or withdraw partner for democracy status shall be taken by a resolution of the Assembly following a report by the Committee on Political Affairs and Democracy, with an opinion by the Committee on Legal Affairs and Human Rights and an opinion by the Committee on Equality and Non-discrimination and, where appropriate, an opinion by any other relevant Assembly committee. These committees, in the fields within their specific terms of reference, review the progress achieved in fulfilling the undertakings made by the parliaments concerned when they requested this status.

19.     Observer status:

-         Aim of this status: the main objective is to bring to the observers’ attention the Assembly’s work and to provide the Assembly with information on action taken in national parliaments on issues related to the Council of Europe.

-         Eligibility: observer status with the Parliamentary Assembly is meant for parliaments of non-European states which are considered to be established democracies which are willing to contribute (including financially) to democratic transformations in Europe.

-         Relevant Rule: Rule 63 of the Assembly’s Rules of Procedure.

-         Procedure: the Assembly may, on the proposal of the Bureau, grant observer status to national parliaments of non-member states of the Council of Europe which meet the conditions set out in §1 of Statutory Resolution (93) 26 of the Committee of Ministers on observer status. Any request for observer status shall be referred to the Committee on Political Affairs and Democracy for report and to other relevant committees for opinion.

-         Any new applications for observer status may only be considered in light of Resolution 1600 (2008) on “The Council of Europe and its observer states – the current situation and a way forward”.

20.     Co-operation agreements with parliaments from non-member states:

-         Aim: exceptionally, the Assembly may, upon the proposal of the Bureau, decide to enter into co-operation agreements with parliaments from non-member states to establish a political dialogue with a view to promoting, in the country concerned, the principles of parliamentary democracy, the rule of law and respect for human rights as well as fundamental freedoms.

-         Eligibility: such agreements should only be formalised if they have a measurable added value for the work of the Assembly.

-         Relevant Rules: Rule 14 of the Assembly’s Rules of Procedure; terms of reference of the Committee on Political Affairs and Democracy.

5.       Relations with parliamentary organisations/assemblies

21.     With regard to co-operation with international parliamentary organisations/assemblies:

-         Aim: to develop parliamentary diplomacy and to promote the parliamentary dimension of international organisations.

-         Relevant Rules: Rule 14 of the Assembly’s Rules of Procedure; terms of reference of the Committee on Political Affairs and Democracy; Rule 66 of the Rules of Procedure of the Assembly which states that the arrangements for co-operation with the European Parliament are decided by the Bureau.

-         Eligibility: in the exercise of its competencies, the Bureau should limit the conclusion of written co-operation agreements to cases where such an agreement presents a measurable added value for the work of the Assembly.

-         The absence of a written co-operation agreement between the Parliamentary Assembly and another parliamentary organisation/assembly should not per se impede their potential co-operation, to be decided by the Bureau.

6.       Relations with international organisations

22.     The Assembly establishes relations with several international organisations who “are actively involved in promoting their values through outside activities, especially in areas bordering the territories of Council of Europe member states” (Resolution 1506 (2006)).

-         Aim: to reinforce co-ordination and to avoid duplications of efforts with the Council of Europe’s main institutional partners, in particular the European Union, the OSCE and the UN and its specialised agencies, whose activities are often amongst the field of expertise of the Council of Europe.

-         Relevant Rules: Rule 65 of the Assembly’s Rules of Procedure states that the Assembly may, on the proposal of the Bureau, invite national or international organisations to present reports or communications.

7.       The European Conference of Presidents of Parliaments

23.     The European Conference of Presidents of Parliaments is organised under the auspices of the Parliamentary Assembly. The Conference normally meets every two years. The venue of its meetings alternates in principle between Strasbourg and a capital of a Council of Europe member state.

24.     The Conference is composed of the Speakers and Presidents of parliaments of the member states of the Council of Europe as well as of the Presidents of the Parliamentary Assembly of the Council of Europe and the European Parliament. The Speakers and Presidents of parliaments having special guests, observer or partner for democracy status with the Parliamentary Assembly are invited as observers. Other parliamentary assemblies may be invited by the host country or Assembly to attend as observers. The Parliamentary Assembly systematically invites Presidents of international parliamentary bodies with whom the Assembly has signed co-operation agreements to attend the Conference as observers.

-         Relevant Rules: Rules of the Conference.

Resolution 195 (1961) on Instituting the status of Observer in the Assembly

Recommendation 1247 (1994) on The enlargement of the Council of Europe

Assembly Order 500 (1994) on Relations between the Council of Europe and the United Nations

Resolution 1506 (2006) on External relations of the Council of Europe

Resolution 1600 (2008) on The Council of Europe and its observer states – the current situation and a way forward

Resolution 1680 (2009) on Establishment of a “partner for democracy” status with the Parliamentary Assembly

Resolution 2271 (2019) on Strengthening co-operation with the United Nations in implementing the 2030 Agenda for Sustainable Development

Resolution 2272 (2019) on Implementation of the Sustainable Development Goals: synergy needed on the part of all stakeholders, from parliaments to local authorities

Resolution 2277 (2019) on the Role and mission of the Parliamentary Assembly: main challenges for the future

Resolution 2369 (2021) on The Assembly's vision on the strategic priorities for the Council of Europe