During the discussion on popular protest and challenges to freedom of assembly, media and speech, the Parliamentary Assembly of the Council of Europe deplored the recent cases of excessive use of force in Turkey and called on Turkish authorities to ensure police actions and use of force to be proportionate when necessary.

After an urgent debate on this topic, based on a report by Mr Arcadio Diaz Tejera (Spain), Parliamentary Assembly of the Council of Europe adopted Resolution 1947 (2013), in that way  also calling on governments to draw up clear instructions on the use of tear gas (pepper spray) and to ban its use in confined spaces. In addition, it was emphasised that states should investigate the use of excessive or disproportionate force by law enforcement and impose sanctions on those responsible, and refrain from imposing sanctions on media outlets covering popular protests. Freedom of assembly and demonstration should be guaranteed in line with the case law of the European Court of Human Rights

Parliamentary Assembly deplored the deaths of four people, including a police officer, and the injuries of around four thousands of people during recent protests in Turkey. It is said in the Report: “In dozens of Turkish towns, hundreds of thousands of people expressed their disagreement with the attitude of public authorities and took part in demonstrations.”In addition, the Rapporteur also cited the examples of the demonstrations against same-sex marriage in Paris and the riots which took place in the suburbs of Stockholm following the killing of an immigrant by police.

It was assessed that freedom of assembly and demonstration represented basic human right, guaranteed by the Article 11 of the European Convention on Human Rights, ratified by the European Court of Human Rights in its practice. Each restriction of that law must be envisaged by the law, and state authorities should guarantee exercising of the freedom of assembly and demonstration

PACE called on Council of Europe member states to reinforce human rights training for members of the security forces, and also for judges and prosecutors, in partnership with the Council of Europe. It also called on Council of Europe Secretary General to consider drawing up guidelines in respect of human rights in the policing of demonstrations.

Speaking of tackling discrimination based on sexual orientation and gender identity, French Minister for Women’s Rights, Ms Najat Vallaud-Belkacem, pointed out the following: “Wherever laws prevent LGBT people from marching for their rights, wherever two men or two women cannot kiss in public without putting themselves at risk, human rights take a backward step”. She invited Council of Europe member states to continue activities for improving position of LGBT people. It is necessary to teach children from their young age to respect others, protect rights of LGBT people and enable them to achieve their full potential in a family and society. She pointed out that France was proud to have joined the 8 European countries which, one after another over the past 10 years, had opened up marriage to all couples. The law, she said, also provided a means of tackling violence and discrimination on the ground. All people, regardless of their sexual orientation and gender identity should have equal rights, French Minister for Women’s Right concluded in the discussion held today.

Parliamentary Assembly of the Council of Europe invited today the Russian Federation Council to dismiss the law on the so-called “Propaganda of non-traditional sexual relations among minors”, and the Parliament of Ukraine to not consider the Draft Law on prohibition of the so-called “homosexual propaganda”. PACE especially judged the unanimous consent of the Russian Duma on the Draft Law which, in case it is also passed by the Federation Council, would be the first piece of legislation on prohibition of homosexual propaganda, introduced at the national level in Europe.

Adopting the Report on tackling discrimination on the grounds of sexual orientation and gender identity, based on the Report by Håkon Haugli from Norway, the members of PACE expressed a clear position that all these draft laws are in contrast with the freedom of expression and prohibition of discrimination on the grounds of sexual orientation and gender identity, and would additionally stimulate the climate of hatred against the LGBT persons.

In the Recommendation adopted with regards to the Report on tackling discrimination on the grounds of sexual orientation and gender identity, PACE emphasises deep concern due to homophobic statements of politicians and other public personas.

Parliamentary Assembly of the Council of Europe called on all the member states to introduce prohibition of discrimination on the grounds of sexual orientation and gender identity, to organise public campaigns against incitement of harassment or violence on any grounds, as well as to establish mechanisms for support of the victims of homophobic violence.

In the debate on State interference with privacy on the Internet, it was emphasised that some states filter internet contents, break laws and use private data, and that is mostly justified with arguments of safety, primarily fighting terrorism. Those countries stifle the freedom of expression by trying to control everything and limit or prevent what they cannot control, said Mr Srećko Gvozden Flego from Croatia, as rapporteur on the topic “State interference with privacy on the Internet”. In the end of the debate it was concluded that the freedom of expression and information are fundamental human rights and that the conditions need to be created in such a manner so that the state apparatus does not violate, but protect these rights of the citizens.

In the Resolution adopted on the basis of the Report by Mr Robert Walter from the United Kingdom regarding the post-monitoring dialogue with “the former Yugoslav Republic of Macedonia”, PACE emphasises that Macedonia is facing numerous challenges with regard to providing political stability and social cohesion. PACE urges the Macedonian government to continue with the effective implementation of the Ohrid Framework Agreement which is aimed at improving the rights of the minority communities following the inter-ethnic conflict from 2001, as well as to promote cultural and linguistic rights of minorities and to continue the process of decentralisation.

Stating that the public life is still very divided by political and ethnic lines, PACE called on the political parties to get involved in the constructive dialogue. PACE welcomed the reforms implemented by Macedonia, primarily the amendments to certain laws and enforcement of the newly adopted Law on Criminal Procedure, and it also called on promotion of establishing a non-biased judicial system, in order to gain back the trust of public in the judicial authorities. The Government was urged to increase the efforts to bring down corruption, prohibition of discrimination (especially toward Roma) and to guarantee full freedom of the media. 

Parliamentary Assembly of the Council of Europe proposed that the cooperation with the Government of “the former Yugoslav Republic of Macedonia” should be intensified and widened, especially through opening of the Council of Europe Office in Skopje, in order to stimulate activities of this country in the process of democratisation. PACE decided to continue the post-monitoring dialogue with “the former Yugoslav Republic of Macedonia”.

On the fourth working day the meetings of the Committee on Social Affairs, Health and Sustainable Development, Committee on Culture, Science, Education and Media, Committee on Migration, Refugees and Displaced Persons, Committee on Political Affairs and Democracy, and Committee on Legal Affairs and Human Rights were held, in which the members of Delegation of the Parliament of Montenegro to PACE participated as members, of deputy members.

Delegation of the Parliament of Montenegro to the Parliamentary Assembly of the Council of Europe, consists of the following: Head of the Delegation, Mr Zoran Vukčević PhD, and members of the Delegation: Ms Draginja Vuksanović PhD, Mr Mladen Bojanić, Mr Predrag Sekulić PhD, Mr Damir Šehović MA and Ms Snežana Jonica.