OSCE, Alm.del - 2009-10 - Bilag 48: 3rd Committee Draft Resolution

1.Considering that corruption and organized crime have an adverse impact on all threesecurity dimensions of the OSCE, including human security, in so far as these phenomena areharmful to democracy, the rule of law and human rights,2.Recognizing that transnational organized crime now presents one of the biggestthreats to human security, representing an obstacle to the economic, political and culturaldevelopment of society and a multifaceted phenomenon that is present in various activities,including trafficking in human beings,3.Taking into account the close connection that exists between high levels of corruptionand lack of respect for civil and political liberties within States, as indicated in the studiesproduced by Transparency International and the World Bank Institute,4.Observing that these studies indicate that various OSCE countries are simultaneouslyexperiencing the highest levels of corruption and the lowest levels of respect for democracyand the rule of law, while only a few OSCE countries have low levels of corruption and highlevels of respect for the rule of law and for democracy,5.Recognizing that, according to these studies, the highest levels of corruption, asperceived by citizens, are to be found in political parties (68 per cent), the civil service(63 per cent), parliament (60 per cent) and the judiciary (49 per cent), making it necessary tocombat corruption in politics and institutions through the monitoring not only of electioncampaigns, but also of the civil service and the judiciary,6.Recalling the Assembly’s Kyiv Declaration, which emphasizes that it is important forthe authorities to act in a transparent manner, and affirming that the capacity of States tocombat corruption and organized crime is reduced when there is no respect for the rule of lawand the principle of separation of powers,7.Reaffirming that measures to combat cyber crime must be carried out with full respectfor fundamental human rights, including the right to freedom of expression on the Internet,and must not be used as an excuse for censoring freedom of expression or prohibiting thedissemination of legitimate criticisms of government actions,8.Deeply concerned at the fact that some OSCE States, in combating terrorism,organized crime and extremism, have violated some fundamental human rights, such as theright to a fair trial, the right to a defence, the right to freedom of association and the right toparticipate in elections,9.Welcoming the entry into force of the Protocol to Prevent, Suppress and PunishTrafficking in Persons, Especially Women and Children, supplementing the United NationsConvention against Transnational Organized Crime, in particular Article 3 (a) thereof, whichincludes in the definition of trafficking in human beings the exploitation of prostitution or

-2-other forms of sexual exploitation, forced labour, slavery or practices similar to slavery,servitude and the removal of organs,10.Considering that trafficking for the purpose of sexual exploitation is certainly themost widespread form of trafficking in human beings and that, according to some estimates,20 per cent of the victims of such trafficking are minors; recognizing the importance ofestablishing international observatories to monitor the phenomenon of prostitution andslavery and assist in reintegrating the victims into society,11.Concerned at the new and alarming organized crime activity of trafficking in humanorgans, and taking note of the worrying phenomenon of production and dissemination ofchild pornography harmful to children,12.Reaffirming that measures to combat trafficking in human beings must be carried outwith respect for the human rights of migrants, that they should not be criminalized for havingchosen an irregular means of leaving or returning to their country, whether because ofeconomic necessity or in order to escape political, ethnic or religious persecution, and thattherefore they are seeking international protection as a result of war, famine and disasters inhumanitarian terms,13.Noting the importance of international election monitoring by the OSCE and otherinternational organizations, which in some cases has been shown to be a key factor instrengthening democratic institutions and combating political and institutional corruption,14.Observing that the practice of international monitoring by OSCE bodies could provevery useful if it were extended on a permanent basis to the judicial and executive branchesand to the media, in order to monitor the condition of democracy and the rule of law,The Parliamentary Assembly of the OSCE:15.Requests all OSCE participating States to fulfil all of the commitments undertakenwithin the OSCE in order to ensure that measures to counter corruption and organized crimein their various forms are carried out with full respect for democratic principles and the ruleof law, and reaffirms the central role that the OSCE can play in this area, considering that itsmission centres on the interdependence of security, development and respect for humanrights;16.Recommends that OSCE States enact legislation with regard to trafficking in humanbeings, attaching the greatest importance to the protection of victims, guaranteeing thatmigrants are not criminalized for being victims of clandestine immigration and that they arenot refused asylum if they are in need of international protection, and that in any case they arenot sent to origin or transit countries where their safety may be at risk;17.Urges OSCE participating States to strengthen co-operation among themselves andbetween them and non-governmental organizations in combating institutional and politicalcorruption;18.Requests participating States to strengthen the capacity of OSCE bodies to monitorrespect for the rule of law and democracy, whether during election campaigns or on a

-3-permanent basis, extending it, if necessary, to the judicial and executive branches and to themedia;19.Requests participating States to guarantee the professionalism of the security andpolice forces and of the prosecutorial organs, and, to that end, to provide these organs with allnecessary support, including of a financial nature, in combating organized crime;20.Requests participating States to respect all of the legal and political obligations thatthey assumed in connection with ratification of all the international conventions againstcorruption, organized crime, trafficking in human beings and cybercrime, and urges thosecountries that have not yet done so to ratify the relevant conventions;21.Urges OSCE participating States to enact legislation – or to amend their legislation –with regard to countering cybercrime so as to ensure that freedom of expression andcommunication over the Internet are not diminished or limited in order to combat criminalactivity;22.Urges OSCE participating States to enact legislation – or to amend their legislation –with regard to countering terrorism and extremism in order to the guarantee the right ofaccused persons to a fair trial and a defence, ruling out the death penalty for these offencesand ensuring that persons accused of extremism and terrorism are not used to demonizepolitical opponents or to incite violence for political purposes.

“RULEOFLAW:

COMBATINGTRANSNATIONALCRIMEANDCORRUPTION”