"It was a major shock but it hasn't weakened the Council of Europe, it has made it stronger"

Russia's military aggression against Ukraine is also an attack on human rights, democracy and the rule of law – principles that the organisation works to uphold. But the Council of Europe has responded, says Christian Meuwly, permanent representative of Switzerland to the Council of Europe in Strasbourg. And the principles of the Council of Europe also feature in the Lugano Declaration, which forms a political framework for Ukraine's reconstruction.

A large hall with a wooden roof construction and rows of seats in a semicircle where the members of the Council of Europe’s Parliamentary Assembly sit.

The plenary hall of the Council of Europe’s Parliamentary Assembly, where Switzerland is represented by a six-member delegation. © Keystone

Protecting human rights, and promoting democracy and the rule of law: the Council of Europe works to uphold values that are also crucial to Switzerland. What role does the Council of Europe play in Swiss foreign policy?

The Council of Europe is the umbrella organisation where European states engage in closer cooperation on the basis of law and shared values. It contributes to security by developing standards with universal backing, by supporting their implementation, and by hosting discussions about new challenges before they create conflicts. The Council of Europe defines, develops and contributes to the most varied fields of cooperation in Europe, not only between governments, but also between legislative authorities, between regional and local powers, and in civil society more broadly.

Portrait of Ambassador Christian Meuwly, with the Palace of Europe in the background.
Ambassador Christian Meuwly, permanent representative of Switzerland to the Council of Europe in Strasbourg. © FDFA

For Switzerland, the Council of Europe is the perfect place to combine domestic policy and foreign policy. Through their work at the Council of Europe, our representatives and experts help make Europe better – with ideas and solutions that can also help Switzerland progress. What's more, a large number of Council of Europe treaties which are open to accession by non-member states serve as a common denominator for broader international cooperation in sectors where Europe is a pioneer. 

For Switzerland, the Council of Europe is the perfect place to combine domestic policy and foreign policy.

Common frameworks for the development and use of artificial intelligence systems are a hot topic at the moment. How can Switzerland play a part in this?

Applications of artificial intelligence can pose risks to human rights and this is why the Council of Europe is working to establish a legal framework which should also be conducive to innovation. Preparatory work began in 2019 and negotiation of the elements of a future treaty got under way this year, after ministers gave the go-ahead at their meeting in Turin in May. Switzerland is interested in a regulatory framework that is open enough to allow non-member states who will play a crucial role in the future of digital technologies to be part of a framework set out by Europe. Switzerland has been heavily involved in the expert work. One of its representatives – Ambassador Thomas Schneider, assistant director of the Federal Office of Communications (OFCOM) – was elected to chair the Committee on Artificial Intelligence, which is tasked with negotiating and liaising with the major actors from business and civil society. The positions represented by the Swiss delegation in the negotiations are enshrined in the Federal Council's negotiation mandate.

The Council of Europe

The Council of Europe was founded in 1949 and is based in Strasbourg. It is both the largest European political organisation in terms of number of member states, and the oldest. Its work focuses on promoting human rights, democracy and the rule of law. The Council of Europe currently has 46 members. Switzerland became the 17th member of the organisation on 6 May 1963.

To date, Switzerland has ratified more than half of the 200 conventions of the Council of Europe, which form the basis for amending and harmonising laws in the various member states.

One of the major achievements of the Council of Europe has been the European Convention on Human Rights. This confers the right to file individual complaints with the European Court of Human Rights in Strasbourg. Any victim of a violation of the rights or guarantees set out in the convention or its protocols can refer the matter to the court.

Switzerland is represented in the Parliamentary Assembly by six members and their deputies and in the Congress of Local and Regional Authorities by six communal or city council representatives and six cantonal representatives. In addition, like every country, it appoints a judge to the European Court of Human Rights. Switzerland’s Permanent Representation to the Council of Europe maintains contact with the organisation, monitors events in Strasbourg and provides regular and detailed reports on the latest developments.

Russia's attack on Ukraine also sent shockwaves through the Council of Europe, as one member was suddenly waging war on another. How did the organisation respond?

It was a major shock but it hasn't weakened the Council of Europe, it has made it stronger. On the day of the invasion – 24 February – the Committee of Ministers met, composed of delegates in Strasbourg. It resolved to invoke Article 8 of the Statute of the Council of Europe which in the first instance allows any member that has seriously violated the organisation's principles to be suspended from its rights of representation. The next day, after consulting with the representatives of the Parliamentary Assembly, the delegates decided to suspend Russia. Ten days later, with the military aggression escalating, they consulted the Parliamentary Assembly regarding new measures under Article 8. On 16 March the Assembly unanimously adopted a decision by which Russia would cease to be a member of the organisation with immediate effect.

What role did Switzerland play?

Switzerland was actively involved in the discussions, both in the official talks and behind the scenes, and worked to ensure that clear decisions would be made that were commensurate with the gravity of Russia's actions, within the framework of the Statute and the relevant provisions of international law. It then encouraged the Council of Europe to play an active part with Ukraine and the countries on the frontline receiving people fleeing the war. At the Ukraine Recovery Conference in Lugano , the principles that the Council of Europe can safeguard, promote and uphold better than any other organisation were placed at the heart of international support for the resilience of Ukrainian society and the Ukrainian state.

What does Russia's exclusion mean?

The Russian Federation was a member of the Council of Europe from 1996 to 16 March 2022. Its exclusion has cut it off from all cooperation with the institutions of the Council of Europe based on the Statute of 1949 and the decisions of the Committee of Ministers. It has also had to leave the European Convention on Human Rights, which is reserved for member states. However, as it had signed a significant number of international treaties drawn up under the aegis of the Council of Europe but that are also open to accession by non-members, it has remained a state party. A minimum level of cooperation could continue in the few committees established by these treaties as long as Russia honours its commitments and the other states parties still want to listen to what it has to say. Russia is also still required to follow up on the judgments of the European Court of Human Rights that concern it, even after it has stopped being a party to the convention, because all the cases filed referring to events that took place before it withdrew can still be ruled on by the court. The Committee of Ministers has also indicated that it is concerned about the fate of human rights defenders and civil society actors in Russia. Above all, whenever the bodies of the Council of Europe – Committee of Ministers, Parliamentary Assembly, secretary general – make public statements about the consequences of Russian aggression in Ukraine, they always challenge Russia and call on it to fulfil its responsibilities as a subject of international law.

How is the war in Ukraine shaping the work of the Council of Europe in concrete terms? Are some topics being prioritised and others shelved? Or is the war simply always there because of the pressure it is putting on the values that the Council of Europe champions?

The war has increased the Council of Europe's responsibilities. The prospect of seeing Russian society eventually reach the level of protection and enjoyment of freedoms in line with the European model has been replaced by a major and constant threat to the existence of democratic societies across the continent. Some topics that were already considered important have become even more critical, while others have cropped up in discussions although they belong to the remits of other organisations, such as tackling impunity for perpetrators of crimes of aggression between states. The Council of Europe hasn't scaled back its activities; on the contrary, since member states quickly agreed they would step up collectively to cover Russia's missing financial contributions for 2022 and beyond. The Council of Europe aims to convene a summit of heads of state and government again for the first time since 2005 to stamp its moral authority, to set out its objectives and priorities, and to bring together cooperation organisations in Europe.

What can the Council of Europe actually do to help Ukraine defend the principles of democracy and the rule of law?

Ukraine has been a member since 1995 and its participation in the Council of Europe has certainly helped its institutions resist the aggression of which it has been a victim since 2014. The cooperation network that the Congress of Local and Regional Authorities has established with municipal administrations in particular has played a part in asserting the role of democratically-elected mayors and their proximity to the people. Faced with suspected war crimes, the methods of investigation and securing evidence codified by Council of Europe expert committees will be immediately useful.

Ukraine's participation in the Council of Europe has certainly helped its institutions resist aggression.

For the functioning of the displaced courts from districts that are occupied or threatened by fighting, the advice and expertise provided via the networks set up from Strasbourg are a valuable support. The Council of Europe provides references and support on the ground by continuing to safeguard fundamental rights even in a state of emergency and by pursuing and re-establishing democracy through elections and legislative work. The Council of Europe's cooperation programme in Ukraine was already the most important conducted by Council of Europe teams in member states in terms of its scope, and after a hiatus, it was adapted and continued. Above all, the Council of Europe is a multilateral authority that has time and again spoken out in defence of Ukraine's sovereignty and territorial integrity within its internationally recognised borders, and categorically condemns any manipulations through which Russia claims to have obtained the consent of the inhabitants of the occupied territories. If the Council of Europe has to tell Ukraine to continue to honour its obligations as a member state, it will be listened to.

President Cassis is appearing before the Parliamentary Assembly of the Council of Europe on 10 October. What will be the focus of this occasion?

President Cassis will address the Parliamentary Assembly and hold discussions with the president. He will also meet with the secretary general and the president of the European Court of Human Rights. In his parliamentary address, Mr Cassis will underscore the importance that Switzerland attaches to the Council of Europe and reaffirm Switzerland's support for its work. He will talk about the need for all member states to respect the authority of the European Court of Human Rights and to ensure that relevant judgments are implemented. He will no doubt also take the opportunity to add his thoughts on ongoing matters in view of the organisation's upcoming summit.

The last Swiss president to visit the Council of Europe was Flavio Cotti, 31 years ago. Why is a president of the Swiss Confederation returning to Strasbourg now?

We could also ask why a president of the Swiss Confederation hasn't returned sooner. In any case, the timing is important because remember that President Cotti appeared before the Assembly in the last months of the USSR, at a pivotal moment when Europe was glimpsing the possibility of a broader union around democratic freedoms. We now need to take stock and move forward in the face of threats that call for renewed support for the organisation that upholds human rights and democracy in Europe.

The active presence of Swiss parliamentarians on the commissions and bodies of the Parliamentary Assembly is an asset for Switzerland's visibility and credibility, and therefore for the achievement of its goals.

Christian Meuwly, you are the permanent representative of Switzerland to the Council of Europe. At parliamentary level, Switzerland is also represented at the Council of Europe by a parliamentary delegation. How do they interact with Swiss parliamentarians? And is there any kind of institutionalised cooperation?

The permanent representative is the delegate from the Federal Department of Foreign Affairs and takes part in the meetings with the authority of the Committee of Ministers, which is the organisation's decision-making body. Cooperation between the Committee of Ministers and the Parliamentary Assembly – which is consultative in line with the Statute – has been improved and deepened since 2018, when Swiss national Liliane Maury Pasquier assumed the role of president of the Assembly. Between Swiss representatives, cooperation has always been excellent: during preparatory meetings held in Bern in which I am involved, and in my dealings in Strasbourg, as well as in between sessions. The active presence of Swiss parliamentarians on the commissions and bodies of the Parliamentary Assembly is an asset for Switzerland's visibility and credibility, and therefore for the achievement of its goals.

Start of page