OSCE, Alm.del - 2006-07 - Bilag 68: PC Spot Report Week 30, 2007

OSCE's parlamentariske Forsamling 2006-07
OSCE Alm.del Bilag 68
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Special Representative

To:

PA President

and

PA Secretary General

Permanent Council Spot Report Week 30, 2007

OSCE's parlamentariske Forsamling

OSCE alm. del - Bilag 68

Offentligt

The Parliamentary Assembly, in its Kyiv Declaration, has asked governments "to draw the only possi-

ble conclusion from the PA's status that persons acting on behalf of the OSCE PA enjoy the same

rights and receive the same treatment as persons working for the OSCE's decision making bodies

and executive structures". Some PA delegations have already been in contact with their foreign minis-

tries about the issue of the draft convention on the legal personality, privileges etc. of the OSCE. I had

reported about the attempts of the diplomats in Vienna to use this text as a vehicle to define the PA

out of the organization. The consequence of these contacts has been assurances by some diplomats

that they will support the PA. This was before the Annual Session.

It is important to note that none of them have so far publicly supported the PA. The only Vienna dele-

gations supporting the PA in public have so far been the Armenian and the Danish delegation. How-

ever, the latter one, under pressure in particular from the Canadian and the German delegation, un-

fortunately withdrew their proposal for a compromise text.

The proposal that was tabled instead is called a "compromise", especially by those diplomats who

verbally made concessions to their PA delegations. However, the text proposed is not a compromise.

All it does is to spell out that parliamentarians and their staff can, under certain circumstances, be

treated like any other OSCE outsider who temporarily works for the OSCE. In fact, by including the

PA and its staff in the group of "persons performing tasks for the OSCE", the text implies clearly that

the PA is not part of the OSCE. It goes even further: Parliamentarians and staff of the PA are only

benefiting from this clause if they participate in "OSCE meetings" or in the "work of the OSCE". The

first term explicitly excludes PA meetings, and the second term gives the power to determine when

this is the case to the OSCE Secretary General — i.e. the executive branch.

While I still think that the best solution would be to list the PA as one of the OSCE institutions, and the

second best to revive the Danish proposal, I will propose changes to the text that remedy at least

partly the mentioned deficiencies. I have attached such possible amendments. Unfortunately, accord-

ing to the reading of the Rules of Procedure by the Dutch Chair of the Working Group, I am not al-

lowed to formally introduce drafting proposals; my right is limited to making comments. It is therefore

indispensable that a national delegation in Vienna takes those proposals up. In order for this to hap-

pen, PA delegations could again approach their Foreign Ministries and urge them to change their pol-

icy. This should be possible, since the policy on these issues has apparently so far been made in Vi-

enna, and not in the capitals.

By contacting their ministries, the PA delegations would also implement another decision of the An-

nual Session, since the Kyiv Declaration also "Calls upon the national PA delegations to assist na-

tional parliaments in pointing out the importance of a full and unconditional respect for the status and

role of the PA as the parliamentary institution of the OSCE to their governments".

The next and probably decisive meeting of the Working Group will take place on September 13, 2007.

Andreas Nothelle

Ambassador

July 23, 2007

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OSCE, Alm.del - 2006-07 - Bilag 68: PC Spot Report Week 30, 2007

Appendix:

Suggestions

So-called "compromise" text:

Draft proposal for Article 1 (j)

[(j) "Persons Performing Tasks for the OSCE" shall refer to:

cc) members of the OSCE Parliamentary Assembly, their assistants accompanying them, and officials

of the Secretariat of the OSCE Parliamentary Assembly, attending OSCE meetings or taking part in

the work of the OSCE;

but shall not include persons who are locally recruited and receive an hourly or daily rate

of pay.]

Possibilities to improve the text:

Instead of "persons performing tasks for the OSCE" the groups of people enumerated in the text should either

be named "other OSCE actors" or — if this goes to far because of the other groups mentioned — it should read

"members and staff of the OSCE Parliamentary Assembly (OSCE PA) and persons performing tasks for

the OSCE".

The second half of the sentence in "cc" "attending OSCE meetings ..." should either be deleted entirely, or it

should read "attending OSCE meetings, including meetings of the OSCE PA, or taking part in the work of the

OSCE, including of the OSCE PA".

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OSCE, Alm.del - 2006-07 - Bilag 68: PC Spot Report Week 30, 2007

OUR INSTITUTIONS

of the most important OSCE

17. The Parliamentary Assembly has developed into one

. We welcome this increasing role,

institutions continuously providing new ideas and proposals

tion monitoring. We call on the

particularly in the field of democratic development and elec

as 'a

key component in

our efforts to

Parliamentary AsseMbly to develop its activities further

in and between participating

promote democracy, prosperity and increased confidence with

States.

ts (ODIHR), the High

18. The Office for Democratic Institutions and Human Righ

resentative on Freedom of the

Commissioner on National Minorities (HCNM) and the Rep

an rights, democracy and the rule of

Media are essential instruments in ensuring respect for hum

Chairman-in-Office and to the

law. The OSCE Secretariat provides vital assistance to the

also strengthen further the

activities of our Organization, especially in the field. We will

to face the expansion of our activities

operational capacities of the OSCE Secretariat to enable it

accordance with the mandates and

and to ensure that field operations function effectively and in

guidance given to them.

our full support. We emphasize the

We commit ourselves to giving the OSCE institutions

ns, as well as our field operations,

importance of close co-ordination among the OSCE institutio

We will take into account the need for

in order to make optimal use of our common resources.

personnel to OSCE institutions and

geographic diversity and gender balance when recruiting

field operations.

rsification of OSCE activities. We

We acknowledge the tremendous developments and dive

have not been able to implement the

recognize that a large number of OSCE participating States

difficulties can arise from the absence

1993 decision of the Rome Ministerial Council, and that

improve the situation.

of a legal capacity of the Organization. We will seek to