6. Recalling Recommendation Rec(97)20 of the Committee of Ministers to member States on “hate speech” according to which hate speech and intolerance “undermine democratic security, cultural cohesion and pluralism”, the Assembly:

6.1. reiterates the importance for all member States to ratify Protocol No. 12 to the European Convention on Human Rights (ETS No. 177);

6.2. commends the work of the European Commission against Racism and Intolerance (ECRI) and calls on member States to harmonise their legal frameworks in accordance with ECRI’s General Policy Recommendation No.15 on Combating Hate Speech;

6.3. urges member States to strengthen action to protect political debates against foreign interference and manipulation, especially during electoral campaigns, and when this is aimed at spreading hatred and xenophobic discourses.

7. Recalling recommendations to public officials, elected bodies and political parties in Recommendation CM/Rec(2022)16, and recalling Resolution 1546 (2007) “The code of good practice for political parties”, Resolution 1889 (2012) “The portrayal of migrants and refugees during election campaigns” and Resolution 2275 (2019) “The role and responsibilities of political leaders in combating hate speech and intolerance”, the Assembly:

7.1. considers that migrants, refugees and asylum seekers are an integral part of European societies and calls on political parties and on the media to reflect this reality in a constructive manner. It reiterates its support to under-represented groups, especially migrants, in the electoral process, as candidates and voters;

7.2. stresses, as emphasised by the Committee of Ministers in Recommendation CM/Rec(2022)10 on multilevel policies and governance for intercultural integration, the need for a “strategic and coherent approach across all levels of government to ensure policy effectiveness and sustainability in the field of migrant integration and inclusion and (…) to foster a common pluralistic sense of belonging through valuing diversity and building social trust, community cohesion and meaningful interaction between people across their different socio-cultural backgrounds”;

7.3. recalls the obligation and moral responsibility incumbent upon politicians not to use hate speech or stigmatising language, and to immediately and unambiguously condemn their use by others; reiterates its call on political parties to adopt self-regulation instruments which prohibit and sanction the use of hate speech by their members;

7.4. recalls that the rule of law, democracy and human rights are the core principles of European constitutional heritage and calls on European political parties to comply with the Code of Good Practice in the field of Political Parties (CDL-AD(2009)021) which states that “[p]olitical parties should not act against the values of the ECHR and the principle of equality“;

7.5. invites European political parties to endorse the Charter of European political parties for a non-racist and inclusive society in its revised version adopted in 2022;

7.6. in line with Recommendation 799 (1977) “Political rights and position of aliens”, noting that this right is already acquired for European citizens within the European Union, recommends that the restrictions authorised by Article 16 of the European Convention on Human Rights (ETS No. 5) regarding political activities of foreigners be lifted. In particular, and in line with the Guidelines on political party regulation of the European Commission for Democracy through Law (Venice Commission) and the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (OSCE/ODIHR), the Assembly encourages that party membership be opened to migrants legally residing in Europe so that they may participate in the selection of party representatives and stand as candidates in local elections;

7.7. recalls the importance of the Convention on the Participation of Foreigners in Public Life at Local Level (ETS No. 144) adopted in 1992, which is applicable to people legally residing on European territory, and which asserts that “the residence of foreigners on the national territory is now a permanent feature of European societies”, and invites member States which are not party to the text to sign it without further delay;

7.8. commends the adoption by the Congress of Local and Regional Authorities of the Council of Europe of Resolution 431(2018) and of Recommendation 419(2018) “Voting rights at local level as an element of successful long-term integration of migrants and IDPs in Europe’s municipalities and

28 DE FEVEREIRO DE 2024 ___________________________________________________________________________________________________________

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