ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Europarådet 2020-21
ERD Alm.del Bilag 14
Offentligt

STANDING COMMITTEE

Strasbourg (by videoconference), 20 November 2020

TEXTS ADOPTED

BY THE ASSEMBLY

Provisional versions

–

67075 Strasbourg Cedex | [email protected] | Tel: +33 3 88 41 2000 | assembly.coe.int

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Table of contents

Recommendation

Recommendation 2189 (2020)

Threats to academic freedom and autonomy of higher education

institutions in Europe (Doc.

15167)

Resolutions

Resolution 2349 (2020)

Modification of the Assembly’s Rules of Procedure on alternative

arrangements for the organisation of Parliamentary Assembly part-

sessions (Doc.

15178)

Modification of the Assembly’s Rules of Procedure

(Doc.

15179)

The gender dimension of foreign policy (Doc.

15122)

Threats to academic freedom and autonomy of higher education

institutions in Europe (Doc.

15167)

Resolution 2350 (2020)

Resolution 2351 (2020)

Resolution 2352 (2020)

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Recommendation

2189

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020 ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

http://assembly.coe.int

Recommendation 2189 (2020)

Provisional version

Threats to academic freedom and autonomy of higher

education institutions in Europe

Parliamentary Assembly

The Parliamentary Assembly refers to its

Resolution 2352 (2020)

“Threats to academic freedom and

autonomy of higher education institutions in Europe”, and recalls that democratic education, particularly

democratic higher education, is a prerequisite for fair, inclusive and sustainable democratic societies. Higher

education must play a key role in helping to shape the post-Covid-19 world towards a stronger commitment to

human rights, democracy, the rule of law, social justice, inclusion and equity; and to reshape itself to respect

the core values of academic freedom and integrity, institutional autonomy and accountability, as well as

societal responsibility. Higher education institutions must re-invigorate their function as societal actors for the

public good. In this context, the Council of Europe Reference Framework of Competences of Democratic

Culture is more than ever of pertinence.

The Assembly welcomes the continuing commitment by the Council of Europe to the issues of

academic freedom and institutional autonomy as expressed in the Declaration of the Global Forum on

Academic Freedom, Institutional Autonomy and the Future of Democracy held in June 2019 in Strasbourg.

The Assembly remains concerned, however, over the multiplication of negative actions in some

member States violating or undermining academic freedom and institutional autonomy. The Council of Europe

must not turn a blind eye to any abuse of human rights and academic values in its member States. The

responsible States should be made accountable and be asked to revoke their controversial or discriminatory

legislation and reverse their actions that do not respect the values of the organisation they belong to.

The Assembly is convinced that stronger action is needed on the part of the Council of Europe and its

member States to address academic freedom and autonomy of higher education institutions. The

Organisation is well positioned to provide the necessary guidance and support, in close co-operation and co-

ordination with other relevant European and international institutions and organisations.

In light of the above, the Assembly recommends that the Committee of Ministers:

5.1. adhere to the use of the definition of academic freedom as adopted by the Ministers of the

European Higher Education Area (EHEA) on 19 November 2020;

5.2. in close co-operation with the Bologna Follow-up Group (BFUG) and other relevant

stakeholders, uphold the development of the EHEA framework for the enhancement of the fundamental

values of higher education, and within this context, entrust the Steering Committee for Education Policy

and Practice with:

5.2.1. carrying out an empirical study on the state of affairs and awareness of scholars,

researchers, university staff and students all over the Council of Europe and EHEA member

States of their academic freedom;

Text adopted by the Standing Committee,

acting on behalf of the Assembly, on 20 November 2020 (see

Doc. 15167,

report of the Committee on Culture, Science, Education and Media, rapporteur: Mr Koloman Brenner).

F - 67075 Strasbourg Cedex

[email protected]

Tel: +33 3 88 41 2000

assembly.coe.int

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Recommendation 2189 (2020)

5.2.2. drawing up an action plan on policy advice and awareness raising in order to

harmonise the sometimes contrasting policies made by nations and individual institutions in the

name of academic freedom;

5.2.3. carrying out a study on the effectiveness of constitutional provisions and the

implementation of legislative frameworks that are meant to protect academic freedom and

institutional autonomy in member States, and make policy recommendations upon this study;

5.2.4. assessing the need for and feasibility of a developing binding instrument on academic

freedom and institutional autonomy.

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Resolutions

2349 to 2352

http://assembly.coe.int

Resolution 2349 (2020)

Provisional version

Modification of the Assembly’s Rules of Procedure on

alternative arrangements for the organisation of Parliamentary

Assembly part-sessions

Parliamentary Assembly

The Covid-19 pandemic created an exceptional institutional situation and disrupted the order of

business of the Parliamentary Assembly. Since January 2020, the Assembly has no longer been able to meet

in plenary session. Some work, in particular the examination of committee reports or the exchange of views

with the presidency of the Committee of Ministers, has been devolved to the Standing Committee, whose

representativity is however limited. Also, the Assembly is bound by statutory or conventional obligations to

perform certain electoral functions, which it has been obliged to postpone but which it can no longer defer.

The Assembly was able to react quickly and effectively, as from April 2020, to maintain the activity of its

bodies and enable its members, who have been unable to travel because of health restrictions or measures

decided by member States, to fulfil, at least partly, their mandate. The Bureau has introduced complementary

working methods for committees on a temporary basis, which also apply to the Bureau and the Standing

Committee, to enable them to hold remote meetings.

However, the Assembly shall ensure its continuity of action as a pan-European forum for

interparliamentary dialogue, which is based on its capacity to be the privileged forum for bilateral and

multilateral exchanges in the Greater Europe. As one of the two statutory organs of the Council of Europe with

also decision-making power, it intends to affirm its willingness to restore its normal mode of operation as soon

as possible and to hold its ordinary sessions in the physical presence of its members, better able to fully

guarantee the deliberative nature of its functions. The Assembly therefore urges the governments of the

Council of Europe member States to facilitate, as far as possible, the travel of its members in order to enable

them to fulfil their parliamentary obligations.

In view of the uncertainty as to the conditions for organising its 2021 session, the Assembly considers

that it should, in such exceptional circumstances, have recourse to alternative procedures enabling it to meet

in a hybrid manner or remotely. These possible alternative arrangements for the organisation of the

Assembly's part-sessions should also enable it to honour its statutory or conventional obligations by electing

judges to the European Court of Human Rights and highest officials of the Council of Europe at the January

2021 part-session.

The Assembly considers that the adaptations to its Rules of Procedure should be limited to what is

strictly necessary for the holding of a part-session in a hybrid or remote manner linked to the exceptional

nature of the present pandemic situation, while considering that such alternative procedures could be applied

in the future in any other context, strictly linked to the existence of exceptional circumstances which do not

permit the holding of a part-session under normal conditions, namely in the physical presence of all members.

The Assembly retains as a general principle that the existing rules governing its normal functioning, in

particular the conduct of part-sessions and sittings of the Assembly and meetings of its committees, Standing

Committee and Bureau, shall fully apply when these are held in a hybrid manner or remotely, unless

Text adopted by the Standing Committee,

acting on behalf of the Assembly, on 20 November 2020 (see

Doc. 15178,

report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Mr Frank Schwabe).

F - 67075 Strasbourg Cedex

[email protected]

Tel: +33 3 88 41 2000

assembly.coe.int

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Resolution 2349 (2020)

specifically provided otherwise. The organisation and holding of hybrid or remote plenary sittings and

meetings shall comply with a number of general principles: democratic, orderly and inclusive functioning of

sittings; equal rights of members and delegations; transparency; and safety.

The Assembly shall decide on the number and duration of part-sessions which it may hold in a hybrid

manner or remotely, in accordance with Article 32 of the Statute of the Council of Europe and

Rules 1

and

its Rules of Procedure, taking into account the particularities of these modes of meeting and the constraints

relating to their organisation.

Consequently, the Assembly decides to include a new part in its Rules of Procedure (placed after Part

14) devoted to the provisions governing the organisation, in exceptional circumstances, of part-sessions of the

Assembly and meetings of committees, the Bureau and the Standing Committee in a hybrid or remote

manner.

8.1.

Hybrid or remote Assembly sessions:

“1. In exceptional circumstances which do not allow a part-session to be held under normal

conditions, in the physical presence of all members, the Bureau of the Assembly may convene a

part-session to be held in a hybrid manner (combined remote and in-person participation of

members) or by electronic means of remote communication. The initiative to convene such a

part-session may be taken by the President of the Assembly, by the Presidential Committee or

at the request of at least one third of the national delegations representing at least half of the

members of the Assembly. It is for the Bureau to determine the existence of exceptional

circumstances and decide in which manner the part-session shall be held (in a hybrid manner or

by electronic means of remote communication). The decision of the Bureau shall be taken by a

simple majority of the votes cast with a quorum of one third of the members.

2. Exceptional circumstances refer to events such as armed conflict or acts of war, acts of

terrorism, disturbances of public order of a political or social nature (riot, insurrection), a major

sanitary crisis, a pandemic or epidemic, a natural, environmental or technological disaster,

which, by their unusual scale and gravity, are likely to expose members of the Assembly to

direct and immediate danger or potential risk, likely to endanger their safety, security or health,

or to be a serious impediment to their travel to the seat of the Council of Europe.

3. When drawing up the draft agenda for a part-session to be held in a hybrid manner or

remotely, in accordance with

Rule 27.3,

the Bureau shall fix its dates and duration, taking

account of organisational and technical constraints.

4. The existing rules governing the functioning of the Assembly shall fully apply to part-sessions

and sittings of the Assembly held in a hybrid manner or remotely, unless otherwise stipulated as

follows:

–

the credentials of representatives and substitutes shall be transmitted to the President

of the Assembly not later than one week before the opening of a part-session (Rule

6.1);

a delegation which fails to meet this deadline may submit its credentials at the

next part-session or Standing Committee meeting;

in the event of a challenge to a delegation's still unratified credentials

(Rules 7.1

and

8.1),

the President or Vice-President chairing a sitting held in a hybrid manner or

remotely shall invite those members who support the challenge to indicate their support

by using the available voting system;

the participation of substitutes authorised to sit and vote in place of absent

representatives shall be notified not later than three working days before the opening of

a part-session and for the whole duration of this part-session (Rules

and

40.1);

with regard to the amendment procedure (Rule

34):

• amendments shall be tabled at least two working days before the opening of the

sitting concerned and sub-amendments shall be tabled before the beginning of the

sitting preceding the sitting concerned;

• amendments with a scanned handwritten or an electronic signature shall be

admissible;

• the President or Vice-President chairing a sitting shall strictly interpret

Rule 34.7.a

the consideration of oral amendments;

–

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Resolution 2349 (2020)

• members who object to an oral amendment or oral sub-amendment being taken into

consideration shall indicate their position using the available voting system;

• if a committee has not been able to take a position on amendments tabled to its

report, the floor will be given to the rapporteur;

–

the application of

Rule 29.2

(and

Rule 30.2

for committees) on simultaneous

interpretation in sittings in a language other than the official or working languages shall

be suspended;

the application of

Rules 40.4 to 40.8

shall be suspended with regard to the roll-call

procedure and the display of results in the Chamber and the automatic publication of

members’ individual votes on the Assembly's website, if these would be not technically

feasible;

when a request is made to ascertain whether there is a quorum (Rule

42),

the

President or Vice-President chairing the sitting shall invite those members who support

the request (at least one-sixth of the representatives of at least five national delegations

who are authorised to vote in the Assembly) to indicate their support by using the

available voting system;

members, whether they are seated in the Chamber in person or remotely, shall register

on the list of speakers (Rule

35.2)

using the same existing electronic system; the list of

speakers shall be closed 24 hours before the opening of the sitting concerned;

the list of speakers called upon to speak remotely, or remotely and in person at the

same time, shall be carried out in strict compliance with the criteria of political,

geographical, national and gender balance; the President of the Assembly will draw up

the list of speakers for each debate, assessing the application of these criteria;

the speaking time during the sittings is modified as follows: rapporteurs shall have 10

minutes to present their report and 3 minutes for reply; members shall have 1 minute

for questions to guest speakers, the presentation of an amendment or a procedural

motion (speaking time for speakers, rapporteurs for opinion and committee

chairpersons remaining unchanged at 3 minutes);

undelivered speeches (Rule

31.2)

may only be published in the verbatim report if the

registered speakers, who are remotely connected, can report their actual presence

during the debate concerned when it is closed.”

–

8.2.

Hybrid or remote committee meetings:

“In exceptional circumstances which do not allow committee meetings to be held under normal

conditions, in the physical presence of all members, the Bureau of the Assembly may decide, for

a defined period of time, that committee meetings will be held in a hybrid manner (combined

remote and in-person participation of members) or by electronic means of remote

communication. The decision of the Bureau shall be taken by a simple majority of the votes cast

with a quorum of one third of the members.

The existing rules governing the functioning of the committees shall fully apply to their meetings

held in a hybrid manner or remotely, unless otherwise stipulated. Second, fourth and fifth

sentences of

Rule 47.2

and Rules 47.3 and 47.4 shall not apply. A committee may take

decisions when one-fourth of its members are present. For any decision [footnote], the

committees shall use the available electronic voting system. The

Rules

on access to and

movement and security within the Council of Europe buildings during sessions of the

Parliamentary Assembly and meetings of Assembly committees and sub-committees shall apply

mutatis mutandis.”

Footnote: “List of decisions concerned:

–

appointment of a rapporteur (Rule

50.1)

or a general rapporteur (Rule

50.7)

approval of a report and adoption of the draft text(s) contained therein (Rules

50.2 and

50.5)

approval of an addendum to a report (Rule

50.5)

approval of an opinion and amendments to a report of another committee (Rule

45.4)

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Resolution 2349 (2020)

–

8.3.

consideration of amendments to a report of the committee (Rule

34.9)

adoption of a motion for a resolution or recommendation (Rule

25.2)

setting up of a standing or ad hoc sub-committee (Rule

49.2)

election of the chairperson or a vice-chairperson of the committee (Rules

and

47.3)

removal of the chairperson or a vice-chairperson of the committee (Rules

and

47.3)

request for urgent procedure (Rules

51.1

and

52.1)

or current affairs debate (Rules

53.2 and 53.6)

adoption of a declaration

request for an opinion from the Venice Commission

recommendation of a candidate for the post of judge to the European Court of Human

Rights

decisions on the implementation of measures taken in the framework of the Code of

Conduct for members of the Assembly

request for the opening of a procedure for monitoring the obligations and commitments

of a member State.”

Hybrid or remote Bureau and Standing Committee meetings:

“In exceptional circumstances which do not allow a meeting to be held under normal conditions,

in the physical presence of all members, the President of the Assembly may convene a meeting

of the Bureau to be held in a hybrid manner (combined remote and in-person participation of

members) or by electronic means of remote communication.

The Bureau of the Assembly may decide, in the same circumstances and for a defined period of

time, that the meetings of the Bureau and the Standing Committee will be held in a hybrid

manner (combined remote and in-person participation of members) or by electronic means of

remote communication. The decision of the Bureau shall be taken by a simple majority of the

votes cast with a quorum of one third of the members.

For any decision, the Bureau and the Standing Committee shall use the available electronic

voting system.”

8.4.

Hybrid or remote Joint Committee meetings:

“In exceptional circumstances which do not allow a meeting to be held under normal conditions,

in the physical presence of all members, the President of the Assembly may convene a meeting

of the Joint Committee to be held in a hybrid manner (combined remote and in-person

participation of members) or by electronic means of remote communication.”

The additional provisions relating to the debates of the Assembly, when it meets in hybrid mode or

remotely, will apply in accordance with the provisions set out in paragraph 8.1 above.

10. The Assembly resolves to introduce a

complementary electoral procedure

when it is obliged to meet

in a hybrid manner or remotely and to proceed to the election of judges to the European Court of Human

Rights and highest officials of the Council of Europe – Secretary General and Deputy Secretary General,

Secretary General of the Parliamentary Assembly, Commissioner for Human Rights – as well as to the

election of the President or Vice-Presidents of the Assembly:

“1. When exceptional circumstances do not allow an Assembly part-session to be held under normal

conditions, in the physical presence of all members, and make it impossible to hold an election by

secret ballot during that part-session in accordance with the usual procedure, the Bureau of the

Assembly may decide that the election shall be held by individual electronic voting or by postal voting,

provided that the conditions of security, confidentiality and accessibility which it deems necessary are

guaranteed. The decision of the Bureau shall be taken by a simple majority of the votes cast with a

quorum of one third of the members.

2. This alternative electoral procedure shall ensure the highest guarantees of transparency,

accessibility, security (including data protection), confidentiality, sincerity of the results and full and

unquestionable credibility of the vote. It shall guarantee equal rights and equal treatment of Assembly

members and delegations and ensure an equal playing field among candidates.

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Resolution 2349 (2020)

3. Under the same circumstances, the Bureau may decide that the procedure for electing the President

and Vice-Presidents of the Assembly (Rules

and

16),

shall be conducted by secret ballot using the

electronic voting system.

4. Individual electronic voting procedure in elections:

–

when it draws up the draft agenda for a part-session of the Assembly, the Bureau of the

Assembly sets the date and times of the election;

the voting register is established on the basis of the list of Assembly members composing the

Assembly at the relevant part-session (representatives and duly authorised substitutes for the

sitting concerned as notified within the prescribed deadline [see paragraph 8.1.4 – three working

days before the opening of the part-session at the latest]); they provide the secretariat with their

personal email address and mobile phone number;

a single voting register is established for all the ballots held on the same day;

a delegation cannot have more voting members than it holds seats in the Assembly;

if a second round is organised, the voting register is established on the same basis and includes

representatives and duly authorised substitutes for the sitting concerned as notified within the

prescribed deadline;

members will receive, by e-mail to their personal mailbox, the curricula vitae of the candidates,

as well as, for the election of a judge, the recommendations of the Committee on the Election of

Judges to the European Court of Human Rights;

members will receive detailed instructions in advance and will be notified by email of the opening

of the vote(s); connection to the voting platform will follow a secure procedure (typing in a unique

code received by email or by SMS on the mobile phone, as well as a personal email address);

an email will inform them of the closure of the vote(s);

in the event of multiple ballots, the voting operations will take place simultaneously; members

will have access to each ballot separately, but they are free to decide not to vote on one or more

lists;

when the voting is closed, the results will be made available to the tellers appointed by the

political groups (one teller per group appointed among its members in advance of the election);

the President of the Assembly will publicly announce the results of the vote(s) at the earliest

possible time; these will be published on the Assembly's website, together with the list of

members who actually took part in the vote(s);

technical assistance will be provided by the Council of Europe secretariat to members during the

voting process.

the Bureau of the Assembly shall draw up the timetable for the election and the deadlines for

each phase of the operations (including taking into account the possible organisation of a

second round);

each national delegation shall decide on the names of the members (representatives and duly

authorised substitutes) who will be entitled to vote in a given ballot and notify the list of these

names to the secretariat of the Assembly in order to establish the voting register; a delegation

cannot appoint more voting members than it holds seats in the Assembly;

the Table Office will send to each member thus designated, via the delegation, the postal voting

material, namely ballot papers and envelopes, sworn declarations and return envelopes, in as

many copies as there are members of the delegation entitled to vote; the Table Office will use

the same international transport company (for example DHL, UPS or Chronopost) to send the

material to all delegations;

members will receive, by e-mail to their personal mailbox, the curricula vitae of the candidates,

as well as, for the election of a judge, the recommendations of the Committee on the Election of

Judges to the European Court of Human Rights;

the ballot papers and envelopes sent will be strictly identical for all members and delegations

and will not bear any distinguishing marks, so as to ensure the complete confidentiality of the

vote;

–

5. Postal voting in elections:

–

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Resolution 2349 (2020)

–

each member entitled to vote shall complete the ballot paper received, place it in the envelope

provided and seal it, and sign the sworn declaration;

a sealed envelope – collecting all the envelopes containing the ballot papers of the members of

the delegation entitled to vote, as well as their sworn declarations – shall be sent to the

President of the Parliamentary Assembly by an international transport company, under the

responsibility of the Speaker of the national parliament concerned, who shall certify the

regularity of the vote at delegation level;

the opening of the sealed envelopes and the counting of the votes will be carried out at the

secretariat of the Assembly on a date fixed by the Bureau of the Assembly, under the

supervision of tellers appointed by the political groups (one teller per group appointed among its

members in advance of the election) and physically present in Strasbourg, who will be

responsible for opening the envelopes and be able to certify that the counting and tabulation of

the results strictly comply with the rules, in particular those concerning the confidentiality of the

vote;

a sealed envelope, collecting the ballot papers of several members of a delegation, and

containing more ballot papers than there are names on the delegation voting list or more ballot

papers that there are sworn declarations transmitted together, shall result in the annulment of all

the votes of the delegation concerned;

the President of the Assembly will publicly announce the results of the vote at the earliest

possible time; the results will be published on the Assembly’s website;

the voting register shall be made available to any Assembly member or any candidate on

request;

the above provisions shall apply to the organisation of a second round.”

–

11. The Assembly decides that the amendments to the Rules of Procedure set out in this resolution shall

enter into force upon their adoption.

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

http://assembly.coe.int

Resolution 2350 (2020)

Provisional version

Modification of the Assembly's Rules of Procedure

Parliamentary Assembly

The Parliamentary Assembly recalls that its actions and decisions shall be based on clear, consistent

and effective parliamentary rules and procedures. It therefore intends to amend its Rules of Procedure where

necessary to reflect the changes in the parliamentary practice and to clarify the rules and procedures where

their application or interpretation has raised difficulties.

In two successive resolutions,

Resolution 2261 (2019)

on “The progress of the Assembly's monitoring

procedure (January-December 2018)” and

Resolution 2325 (2020)

on “The progress of the Assembly's

monitoring procedure (January-December 2019)”, the Assembly decided to modify its procedures for

monitoring the obligations and commitments entered into by member States upon accession to the Council of

Europe, in particular with a view to strengthening the periodic review procedure as a complementary

mechanism to the monitoring procedure and the post-monitoring dialogue. However, full consistency and

coherence of the terms of reference of the Committee on the Honouring of Obligations and Commitments by

Member States of the Council of Europe (Monitoring Committee) with the general provisions of the Assembly's

Rules of Procedure should be ensured.

Consequently, the Assembly decides to amend its Rules of Procedure as follows:

3.1. with regard to the procedures implemented by the Monitoring Committee, in order to ensure that

a reference to the Monitoring Committee for report is validated by the Assembly when the committee

prepares a periodic review report on member States' compliance with their obligations, and to clarify the

wording of the Monitoring Committee's terms of reference:

3.1.1. amend

paragraph 8 of the terms of reference of the Monitoring Committee,

appended

Resolution 1115 (1997)

(modified), as follows:

“The Monitoring Committee is seized, in accordance with

Rule 26

of the Rules of

Procedure, to carry out regular periodic reviews of the compliance of the obligations

entered into upon their accession to the Council of Europe by member States that are

not already under a full monitoring procedure or engaged in a post-monitoring dialogue.

The order and frequency of these reports will be decided upon by the committee in

accordance with its internal working methods based on substantive grounds, with the

objective of producing, over time, periodic review reports on all member States.”;

3.1.2. amend

paragraph 9 of the terms of reference of the Monitoring Committee,

appended

Resolution 1115 (1997)

(modified), as follows:

“The Monitoring Committee may be seized, in accordance with

Rule 26

of the Rules of

Procedure, to prepare a report on a cross-country thematic issue, in close co-operation

with the relevant Assembly committees.”;

3.1.3.

amend

Resolution 1115 (1997) (modified)

by deleting paragraphs 10 and 13.1;

Text adopted by the Standing Committee,

acting on behalf of the Assembly, on 20 November 2020 (see

Doc. 15179,

report of the Committee on Rules of Procedure, Immunities and Institutional Affairs, rapporteur: Ms Ingjerd Schou).

F - 67075 Strasbourg Cedex

[email protected]

Tel: +33 3 88 41 2000

assembly.coe.int

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Resolution 2350 (2020)

3.2. with regard to the procedure for considering amendments in committee and in plenary sitting, in

order to strengthen the competence of committees when taking a position on amendments tabled, after

Rule 34.11,

insert the following rule:

“Any amendment which has been rejected by the committee seized for report by a two-thirds

majority of the votes cast shall not be put to the vote in plenary and shall be declared as

definitively rejected, unless ten or more members of the Assembly object.”;

3.3. with regard to the procedures for electing the President and Vice-Presidents of the Assembly,

which should be simplified and should now follow the Assembly's ordinary election procedure:

3.3.1.

replace

Rules 15.2 and 15.3

by the following rule:

“If only one candidature is proposed to the Assembly, the candidate shall be declared

elected without a ballot. When there are several candidates, the President shall be

elected by secret ballot in accordance with Rules

40.11

and

41.b.”;

3.3.2.

replace

Rules 16.4 and 16.5

by the following rule:

“The candidates proposed by the national delegations shall be declared elected without

a ballot. However, a vote shall be held by secret ballot in respect of one or several

candidates in accordance with Rules 40.11 and 41.b, if so requested in the Chamber,

at the moment when the candidatures are presented, by at least twenty representatives

or substitutes. Where a candidate is not elected after the second ballot, that seat shall

remain vacant until a candidate presented by the national delegation in accordance

with

Rule 16.3

obtains the requisite majority.”;

3.3.3.

replace

Rule 16.7

by the following rule:

“Vice-Presidents shall remain in office until the opening of the next ordinary session. A

Vice-President shall be replaced in the course of the session when he or she is no

longer a member of the Assembly, in the event of death, resignation or dismissal

pursuant to

Rule 54,

or when the delegation to which they belong is renewed. A new

Vice-President shall be elected, in accordance with the above provisions, at the

opening of a part-session. In the order of precedence he or she shall come after the

Vice-Presidents previously elected.”;

3.3.4. in

Rule 41.b,

delete the words “subject to the provisions of

Rules 15

and

16”

and add

the following footnote:

“When only one candidature is submitted to the Assembly, members are invited to

indicate their choice by “yes” or “no” on the ballot paper mentioning the name of the

candidate.”;

3.4. with regard to candidatures for the bureaux of committees, in order to unify and clarify the

conditions relating to candidatures for the office of chairperson or vice-chairperson of committees with

regard to members who have already held such offices, amend

Rule 46.7

as follows:

“The chairperson and the vice-chairpersons of a committee shall remain in office until the

opening of the next ordinary session of the Assembly. They may be re-elected for one further

term, consecutive or not. A committee chairperson or vice-chairperson elected in the course of a

session for an incomplete term may be re-elected for two further terms.

A former chairperson of a committee may stand for the office of chairperson or vice-chairperson

of the same committee on expiry of a period of four years, or of another committee on expiry of a

period of two years, for two further terms, consecutive or not.

A former vice-chairperson of a committee may stand for the office of vice-chairperson of the

same committee on expiry of a period of four years, or of another committee on expiry of a

period of two years, for two further terms, consecutive or not.

A chairperson or vice-chairperson of a committee who has been dismissed from office pursuant

Rule 55

may not be a candidate for the office of chairperson or vice-chairperson of a

committee or a sub-committee.”;

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Resolution 2350 (2020)

3.5. with regard to current affairs debates, in order to allow two debates to be held during a part-

session or Standing Committee meeting:

3.5.1. in

Rule 53.1,

replace the words “The Assembly may hold only one current affairs

debate in the course of a part-session on a subject matter which is not on the draft agenda” with

the words:

“The Assembly may hold one or two current affairs debates on a subject matter which

is not on the draft agenda of the part-session.”;

3.5.2. in

Rule 53.3,

replace the sentence “The possible choice between several requests shall

be made by the Bureau but it may decide not to propose any.” with:

“The Bureau of the Assembly may decide to accept only one request, to accept two

requests or to reject all requests.”.

The Assembly decides that the amendments to the Rules of Procedure set out in this resolution shall

enter into force upon their adoption.

http://assembly.coe.int

Resolution 2351 (2020)

Provisional version

The gender dimension of foreign policy

Parliamentary Assembly

In past decades, women’s rights have been enshrined in legislation at national level and in international

treaties. The political and economic participation of women has increased. Tangible progress has been made

in various spheres and women’s rights have been officially recognised as human rights. The Beijing

Declaration and Platform for Action, which celebrates its 25th anniversary this year, marked a turning point in

the fight for gender equality. The year 2020 is also the 20th anniversary of UN Security Council Resolution

1325, which became the normative framework for women, peace and the security agenda.

However, the Parliamentary Assembly regrets that full gender equality is not yet a reality. Throughout

the world, violence against women, attacks on women’s rights and gender inequalities are still rife. There is a

revival of organised efforts and backlash against women’s rights, including sexual and reproductive health and

rights. The Assembly considers that stronger co-ordinated action at international level is needed to promote

and protect women's rights, equality and non-discrimination.

In view of promoting inclusiveness, equality and non-discrimination and to counter the backlash against

women’s rights, several States have launched feminist foreign policies or included a strong gender dimension

in their foreign policies. The Swedish feminist foreign policy inspired other countries to use their foreign

policies as a political tool to promote women’s rights, inclusion and non-discrimination. Political leadership

plays an essential role to this end. Placing gender equality at the centre of foreign policy puts forward an

inclusive vision of society and is consistent with and contributes to the implementation of the UN 2030 Agenda

for Sustainable Development which has gender equality as an overarching goal and a stand-alone goal.

The Covid-19 pandemic, which has affected countries all around the world, has further revealed

existing and persisting inequalities. The Assembly considers that the pandemic and its social and economic

consequences are having a disproportionately negative impact on women. In times of crisis, women’s rights

are often the first ones to be questioned or threatened. There was an alarming rise in domestic violence. The

Assembly therefore believes that an inclusive, co-ordinated and gendered response to this crisis is essential

to ensure that no one is left behind. Women’s rights cannot be considered non-essential or secondary at any

time. In this regard, the Assembly welcomes the joint statement on Protecting Sexual and Reproductive

Health and Rights and Promoting Gender Responsiveness in the Covid-19 crisis published by 59 States on 6

May 2020.

The response to the crisis can and should be used as an opportunity to build more resilient and equal

societies, grounded in participatory and engaged democracy. The Assembly stresses that women should be

an integral part of the response to the crisis and meaningfully involved in all decision-making processes to

manage its aftermath and put in place strategies to tackle future crisis with an intersectional approach.

Sustainable peace and development cannot be built without the participation of women. The inclusion of a

gender and intersectional dimension in foreign policy can be beneficial for society as a whole. Participation,

protection, inclusion and non-discrimination are guiding principles for a strong, inclusive gender dimension of

foreign policy.

Text adopted by the Standing Committee,

acting on behalf of the Assembly, on 20 November 2020 (see

Doc. 15122,

report of the Committee on Equality and Non-Discrimination, rapporteur: Ms Petra Stienen).

F - 67075 Strasbourg Cedex

[email protected]

Tel: +33 3 88 41 2000

assembly.coe.int

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

Resolution 2351 (2020)

The Assembly recognises that men can play a crucial role in promoting women’s rights and in

advancing the gender equality agenda. Men in leadership positions in politics, business, media and civil

society should actively advocate for a change of mindsets, challenge gender stereotypes and promote gender

mainstreaming in all policies and measures and at all levels.

In light of these considerations, the Assembly calls on Council of Europe member and observer States,

as well as those enjoying observer or partner for democracy status with the Parliamentary Assembly, to:

7.1.

engage in developing an inclusive gender dimension of their foreign policy;

7.2. promote women’s rights and inclusion at national, bilateral and multilateral levels and prioritise

gender equality and women’s rights during presidencies of the United Nations Security Council, Council

of Europe and Council of the European Union and presidencies of other international organisations;

7.3.

7.4.

7.5.

actively promote and prioritise the equal participation of women and men in decision-making;

ensure diversity in panels of events;

make access to education for women and girls a priority;

7.6. promote the participation of women in peace operations, negotiations and crisis management

and develop national action plans and budgets for the implementation of UN Security Council

Resolution 1325;

7.7. promote, ratify and implement the Council of Europe Convention on preventing and combating

violence against women and domestic violence (CETS No. 210, “Istanbul Convention”);

7.8. provide political and financial support for programmes protecting women’s rights, including

sexual and reproductive health and rights;

7.9. use gender budgeting and gender impact assessments in the preparation and evaluation of

legislative measures and policies as well as assistance and co-operation programmes;

7.10. invest in the collection of gender-disaggregated data and related research;

7.11. support civil society organisations promoting and protecting equality and women’s rights;

7.12. raise awareness on the benefits of an inclusive gender dimension of foreign policy.

As regards diplomatic careers, the Assembly calls on them to:

8.1. promote the participation of women in diplomatic careers, including at ambassador level, and

support policy and legal measures allowing a work/life balance;

8.2.

8.3.

promote gender mainstreaming in the functioning of public administrations;

promote the participation of persons from multiple backgrounds in diplomatic careers;

8.4. provide training on gender equality, diversity and inclusion and on combating sexism in public

administrations;

8.5.

ensure the participation of women in trade missions.

As regards the response to the Covid-19 pandemic, the Assembly calls on them to:

9.1. guarantee the participation and representation of women in all crisis response planning and

decision-making;

9.2. undertake gender impact assessments and ensure gender budgeting for all recovery measures

and financial packages;

9.3.

protect women and girls from gender-based violence;

9.4. hold public debates on the gender dimension of the Covid-19 pandemic and promote an

intersectional approach to recovery plans.

10. The Assembly also calls on political leaders to take a strong stand to protect and promote women's

rights at national and international level and to support a gendered and inclusive approach of foreign policy.

11. The Assembly encourages international organisations to promote the participation of women in higher

management, mainstream gender throughout their activities and organise training on gender equality,

diversity and inclusion, and on combating sexism.

ERD, Alm.del - 2019-20 - Bilag 14: Resolutionsforslag vedtaget på Standing Committee møde d. 30. november 2020

http://assembly.coe.int

Resolution 2352 (2020)

Provisional version

Threats to academic freedom and autonomy of higher

education institutions in Europe

Parliamentary Assembly

Academic freedom and institutional autonomy of higher education institutions are not only crucial for the

quality of education and research; they are essential components of democratic societies. Yet these values

are under multiple threats today, ranging from the criminalisation of researchers, scholars and students to the

commodification of higher education and commercialisation of knowledge, which are increasingly damaging

the quality of education and research and distancing higher education from the wider civic democratic and

societal purposes.

The Parliamentary Assembly deplores that some of the Council of Europe member States figure at the

very bottom of the recently published Academic Freedom Index (AFI) list, which confirms the urgency of

setting up a proper international framework of assistance, monitoring, assessment and sanctioning

mechanisms to protect academic freedom and integrity across the continent. The fundamental values of

higher education apply to all member States, without exception.

The Covid-19 pandemic has demonstrated to what extent academic freedom helps research and

dissemination of reliable information in global sanitary crisis. This pandemic should in no way serve as pretext

for any further infringements on academic freedom and institutional autonomy of higher education institutions.

The post-Covid-19 world will require more than ever democratic civic universities dedicated to producing

knowledge and developing competences that serve the society responsibly and responsively.

The Assembly regrets that, notwithstanding two decades of serious discussions on academic freedom

and integrity, to this day, declarative statements have not translated as yet into internationally agreed

definition or conceptual reference on academic freedom. This explains in part the low awareness among the

academic community of their rights and helps put a blind eye to institutions and countries that fail to guarantee

core values and protect students and scholars. The Assembly therefore welcomes the adoption by the

Conference of Ministers of the European Higher Education Area (EHEA) held on 19 November 2020 of a

common definition and encourages the design of appropriate benchmarks that would enable systemic

monitoring and assessment.

The Assembly recalls the Committee of Ministers Recommendation CM/Rec(2012)7 on the

responsibility of public authorities for academic freedom and institutional autonomy, which clearly stipulates

that public authorities have the obligation to protect academic freedom and institutional autonomy, and that

they must refrain from any action that would endanger or impinge on them. The existence of laws does not

automatically guarantee their implementation. The Assembly is concerned that, in the absence of regularly

monitored data and of a legally binding international agreement, the various forms of abuses go on

unhindered and unsanctioned. It considers that there is a true need for a European Convention on the

Protection of Academic Freedom and Institutional Autonomy together with its information gathering,

monitoring and assistance instruments.

Text adopted by the Standing Committee,

acting on behalf of the Assembly, on 20 November 2020 (see

Doc. 15167,

report of the Committee on Culture, Science, Education and Media, rapporteur: Mr Koloman Brenner).