26th SESSION

Strasbourg, 25-27 March 2014

CG(26)15AMDT

25 March 2014

AMENDMENTS

The situation in Ukraine

Bureau of the Congress

Rapporteur:[1]     Marc COOLS, Belgium (L, ILDG), Vice-President of the Congress and Rapporteur on Ukraine

Draft declaration (for vote[2]) AMENDMENTS 1-18


1. The Congress of Local and Regional Authorities of the Council of Europe is deeply concerned at developments in the situation in Ukraine, particularly the attacks on the territorial integrity of the country.

Amendment 16

Presented by Alexander SOKOLOV, Russian Federation (L, EPP/CCE)

Signed by: Emin YERITSYAN, Armenia (R, EPP/CCE), Igor SHUBIN, Russian Federation (R, ILDG) Alexander BORISOV, Russian Federation (R, EPP/CCE), Viacheslav ROGOV, Russian Federation (L, ILDG).

Replace paragraph 1 as follows:

“The Congress of Local and Regional Authorities of the Council of Europe is deeply concerned at developments in the situation in Ukraine that led to the loss of its territorial integrity”

2. It shares the concerns expressed on this subject by the Committee of Ministers and the Parliamentary Assembly of the Council of Europe, and more generally by the whole international community.

3. It does not accept the validity of the referendum, held on 16 March last, in violation of the Ukrainian constitution and without the minimum democratic guarantees that should be in place for any vote and which are the preconditions required by the Congress when it observes local and regional elections.

Amendment 15

Presented by Simon JAMES, United Kingdom (L, ILDG)

Signed by: Mairi EVANS, United Kingdom (L, NR), Nigel MERMAGEN, United Kingdom (L, ILDG), Mihkel JUHKAMI, Estonia, (L, EPP/CCE), Shurma BATSON, United Kingdom (L, SOC).

In paragraph 3, delete the words:

“in violation of the Ukrainian constitution and”.

4. This pseudo-consultation should on no account pave the way for a change of borders between Russia and Ukraine. The Congress therefore condemns Russia’s annexation of Crimea in violation of international law. This is the first time since the Second World War that such a violation of international law has taken place in Europe.

Amendment 17

Presented by Igor SHUBIN, Russian Federation (R, ILDG)

Signed by: Alexander BORISOV, Russian Federation (R, EPP/CCE), Alexander SOKOLOV, Russian Federation (L, EPP/CCE), Emin YERITSYAN, Armenia (R, EPP/CCE), Arkady CHERNETSKIY, Russian Federation (R, SOC).

Replace paragraph 4 as follows:

“The Congress condemns the fact that the referendum was conducted by the local authorities of the Autonomous Republic of Crimea, in violation of the Ukrainian legislation, which took place on 16 March 2014, as was confirmed by the Venice Commission for Democracy through Law”


Amendment 13

Presented by Oddleif OLAVSEN, Norway (R, EPP/CCE)

Signed by: Torhild BRANSDAL, Norway (L, EPP/CCE), Anders KNAPE, Sweden (L, EPP/CCE), Line Skøii VENNESLAND, Norway (L, ECR), Ole HAABETH, Norway (R, SOC).

In paragraph 4, after the first sentence, add a new sentence as follows:

“The use of military force by Russia to redraw national boundaries is unacceptable”.

Amendment 10

Presented by Stepan BARNA, Ukraine (R, NR)

Signed by: Oleksiy GONCHARENKO, Ukraine (R, SOC), Svitlana BOHATYRCHUK-KRYVKO, Ukraine (L, ECR), Line Skøii VENNESLAND, Norway (L, ECR), Andrew BOFF, United Kingdom (R, ECR).

In paragraph 4, between the words “Crimea” and “in”, add the words:

“and Sebastopol”.

Amendment 3

Presented by the rapporteur, Marc COOLS, Belgium (L, ILDG)

In paragraph 4, delete the last sentence.

Amendment 7

Presented by Sevdia UGREKHELIDZE, Georgia (R, EPP/CCE)

Signed by: George UGULAVA, Georgia (R, EPP/CCE), Mamuka ABULADZE, Georgia (R, EPP/CCE), Emin YERITSYAN, Armenia (R, EPP/CCE), Nataliya ROMANOVA, Ukraine (R, ILDG), Petre ZAMBAKHIDZE, Georgia (R, EPP/CCE), Gintautas GEGUZINSKAS, Lithuania (R, EPP/CCE), Gaye DOGANOGLU, Turkey (L, EPP/CCE), Sophiko SIUKAEVA, Georgia (L, NR), Andris JAUNSLEINIS, Latvia (L, ILDG), Alexandru AMBROS, Republic of Moldova (L, ILDG), Jean-Claude FRECON, France (L, SOC), Vitalijus MITROFANOVAS, Lithuania (L, SOC), Nijolé DIRGINCIENE, Lithuania (R, SOC), Dalia STRAUPAITE, Lithuania (L, ILDG), Francis LEC, France (L, SOC), Jean-Louis TESTUD (L, EPP/CCE).

In paragraph 4, replace the last sentence by the following:

“The occupation of territories of independent states, as we saw in 2008 in Georgia and are facing now in Ukraine is unacceptable in international law and should not be tolerated.”


Amendment 6

Presented by Line Skøii VENNESLAND, Norway (L, ECR)

Signed by: Halldor HALLDORSSON, Iceland (L, ECR), Svitlana BOHATYRCHUK-KRYVKO, Ukraine (L, ECR), Andrzej PRUSZKOWSKI, Poland (R, ECR), Mustafa AYGUN, Turkey (R, ECR), Alison COOK, United Kingdom (L, ECR), Amrit MEDIRATTA, United Kingdom (L, ECR), Richard DODD, United Kingdom (R, ECR).

After paragraph 4, insert a new paragraph and re-number the paragraphs accordingly:

“5. The Congress reiterates its full support for Crimea and Sebastopol to be an undisputed part of Ukraine and for the integrity of the Ukrainian territory to be restored. The Congress also urges all parties to fully respect human rights and the rule of law.”

5. The Congress points out that prior to this referendum Crimea enjoyed a broad degree of autonomy and that this could, if necessary, have been strengthened in consultation with the Ukrainian national authorities.

Amendment 4

Presented by Nataliya ROMANOVA, Ukraine (R, ILDG)

Signed by: Tatiana BADAN, Republic of Moldova (L, ILDG), Nigel MERMAGEN, United Kingdom (L, ILDG), Andris RAVINS, Latvia (L, ILDG), Stepan BARNA, Ukraine (R, NR), Nijolé DIRGINCIENE, Lithuania (R, SOC).

At the end of paragraph 5, add the following sentence:

“In this regard, it recalls its Recommendation 346 (2013) on Regions and territories with special status in Europe, which was adopted on 31 October 2013.”

6. In addition, it lends its support to the new Ukrainian authorities for any initiatives they take to strengthen democracy in their country and to ensure genuine dialogue between all political forces.

Amendment 8

Presented by Nataliya ROMANOVA, Ukraine (R, ILDG)

Signed by: Sevdia UGREKHELIDZE, Georgia (R, EPP/CCE), Jüri LANDBERG, Estonia (L, ILDG), Nijolé DIRGINCIENE, Lithuania (R, SOC), Knud ANDERSEN, Denmark (R, ILDG), Oleksiy GONCHARENKO, Ukraine (R, SOC), Vitalii OLUYKO, Ukraine (R, SOC), Stepan BARNA, Ukraine (R, NR), Svitlana BOHATYRCHUK-KRYVKO, Ukraine (L, ECR), John WARMISHAM, United Kingdom (L, SOC), Michael O’BRIEN, Ireland (R, SOC), Paul WEIDIG, Luxembourg (R, SOC).

In paragraph 6, between the words “new” and “Ukrainian”, add the words “and legitimate”.


Amendment 11

Presented by Anne MAGYAR, Hungary (R, EPP/CCE)

Signed by: György ILLES, Hungary (L, ILDG), Helena PIHLAJASAARI, Finland (R, SOC), Nigel MERMAGEN, United Kingdom (L, ILDG), Ludmila SFIRLOAGA, Romania (R, SOC).

In paragraph 6, between the words “country” and “and”, add the following:

“and to protect the right of all Ukraine’s citizens, including those of cultural, national and linguistic minority groups, in the spirit of inclusiveness”

Amendment 1

Presented by Svetlana Orlova, Russian Federation (R, EPP/CCE)

Signed by: Emin YERITSYAN, Armenia (R, EPP/CCE), Sergey LISOVSKY, Russian Federation (R, SOC), Arkady CHERNETSKIY, Russian Federation (R, SOC), Vladimir VARNAVSKIY, Russian Federation (R, ILDG)

At the end of paragraph 6, add the following sentence:

In this connection, the Congress expresses its readiness – after receipt of the corresponding invitation from the Ukrainian authorities – to send its special monitoring mission in an enlarged composition, including representatives of all the political groups, to study the situation in the country and devise measures of assistance to the Ukrainian authorities in ensuring the normal functioning of local and regional authorities on the principles of democracy and the primacy of law.”

7. In particular, this dialogue should enable the Russian-speaking population of Ukraine as well as the non-Russian speaking minorities of the Autonomous Republic of Crimea, which was illegally annexed by the Russian Federation, to benefit fully from the provisions of the Framework Convention for the Protection of National Minorities and those of the European Charter for Regional or Minority Languages. Lastly, it should lead to constitutional and administrative reforms providing this country with institutions which receive broad consensus and which, with regard to local and regional authorities, comply with the principles of the European Charter of Local Self-Government and those of the Reference Framework on Regional Democracy.

Amendment 12

Presented by Attila KLARIK, Romania (R, EPP/CCE)

Signed by: György ILLES, Hungary (L, ILDG), Anne MAGYAR, Hungary (R, EPP/CCE), Ludmila SFIRLOAGA, Romania (R, SOC), Knud ANDERSEN, Denmark (R, ILDG), Leen VERBEEK, Netherlands (R, SOC), Jean-Claude FRECON, France (L, SOC)

In paragraph 7, replace the first sentence by the following:

“In particular, this dialogue should enable all the persons belonging to a national minority in Ukraine, including the Russian-speaking population as well as the non-Russian speaking minorities of the Autonomous Republic of Crimea, which was illegally annexed by the Russian Federation, to benefit fully from the provisions of the Framework Convention for the Protection of National Minorities and those of the European Charter for Regional or Minority Languages.


Amendment 18

Presented by Igor SHUBIN, Russian Federation (R, ILDG)

Signed by: Alexander BORISOV, Russian Federation (R, EPP/CCE), Alexander SOKOLOV, Russian Federation (L, EPP/CCE), Emin YERITSYAN, Armenia (R, EPP/CCE), Vladimir NOVIKOV, Russian Federation (R, EPP/CCE).

In paragraph 7, delete the following words:

“, which was illegally annexed by the Russian Federation,”

8. The Congress refers to its recommendations adopted at its session held from 29 to 31 October 2013, further to the report on local and regional democracy in Ukraine, and in particular those calling for the:

a. removal of the constitutional and legislative restrictions to which the local authorities are subject and the reinforcement of subsidiarity by granting local authorities competence for a substantial share of public affairs;

b. transfer of the administrative competences of the districts and regions to elected bodies in order to establish an administration under their responsibility.

9. Such reform would strengthen democracy and the social, economic and territorial cohesion of Ukraine.

10. The Congress is ready to discuss with the new authorities the implementation of these recommendations.

Amendment 5

Presented by Nataliya ROMANOVA, Ukraine (R, ILDG)

Signed by: Gudrun MOSLER-TÖRNSTRÖM, Austria (R, SOC), Stepan BARNA, Ukraine (R, NR), Ludmila SFIRLOAGA, Romania (R, SOC), Knud ANDERSEN, Denmark (R, ILDG).

Replace paragraph 10 as follows:

“The Congress decides to send a delegation to Ukraine to examine the situation on the spot and help the Ukrainian authorities to implement these recommendations.”

Amendment 14

Presented by Oddleif OLAVSEN, Norway (R, EPP/CCE)

Signed by: Torhild BRANSDAL, Norway (L, EPP/CCE), Anders KNAPE, Sweden (L, EPP/CCE), Line Skøii VENNESLAND, Norway (L, ECR), Ole HAABETH, Norway (R, SOC).

Replace paragraph 10 as follows:

“The Congress recommends the use of all available instruments at the disposal of the Council of Europe to monitor and do an active follow-up of the situation in Ukraine. The Congress will retain to this issue in the next Session in autumn 2014”.


Amendment 2

Presented by Vsevolod BELIKOV, Russian Federation (L, EPP/CCE)

Signed by: Svetlana ORLOVA, Russian Federation (R, EPP/CCE), Emin YERITSYAN, Armenia (R, EPP/CCE), Sergey LISOVSKY, Russian Federation (R, SOC), Arkady CHERNETSKIY, Russian Federation (R, SOC), Igor SHUBIN, Russian Federation (R, ILDG).

After paragraph 10, add a new paragraph worded as follows:

“11. In view of the devotion to democracy and the rule of law shown by the citizens of Ukraine during demonstrations on Maidan square and in many other regions, the Congress urges the new authorities of Ukraine to examine the possibility of holding direct elections of heads of regions and large municipalities concurrently with the presidential elections on 25 May. This could help to stabilise the situation and preserve the territorial integrity of Ukraine. The Congress expresses its willingness to assist the new authorities with the organisation of such elections and the running of an election observation mission.”

Amendment 9

Presented by Oleksiy GONCHARENKO, Ukraine (R, SOC)

Signed by: Stepan BARNA, Ukraine (R, NR), Svitlana BOHATYRCHUK-KRYVKO, Ukraine (L, ECR), George UGULAVA, Georgia (R, EPP/CCE), Sevdia UGREKHELIDZE, Georgia (R, EPP/CCE).

After paragraph 10, add a new paragraph worded as follows:

“11. Taking into account the serious violations of the basic principles of the Council of Europe by the Russian Federation, the Congress decides to address to the Parliamentary Assembly of the Council of Europe a request to consider the possibility of excluding the Russian Federation from the Parliamentary Assembly of the Council of Europe.”



[1] L: Chamber of Local Authorities / R: Chamber of Regions

EPP/CCE: European People’s Party - Christian Democrats Group

SOC: Socialist Group

ILDG: Independent and Liberal Democrat Group

ECR: European Conservatives and Reformists Group

NR: Members not belonging to a political group of the Congress

[2] Draft declaration approved by the Bureau of the Congress on 24 March 2014.

Bureau members:

H. Van Staa, President of the Congress, J-C. Frécon, President of the Chamber of Local Authorities, N. Romanova, President of the Chamber of Regions, A. Knape, M. O’Brien, G. Doganoglu, H. Pihlajasaari, J. Warmisham, G-M. Helgesen, A. Koopmanschap, U. Wüthrich-Pelloli, M. Cools, C. Lammerskitten, E. Verrengia, S. Orlova, D. Suica, L. Sfirloaga

N.B : The names of members who took part in the vote are in italics.

Bureau Secretariat: D. Rios Turón, L. Taesch.