OSCEs parlamentariske Forsamling 2009-10
OSCE Alm.del Bilag 57
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Follow‐UponRecommendationsintheVilniusDeclaration
AnnualSession2010ThirdGeneralCommitteeonDemocracy,HumanRightsandHumanitarianQuestions
PreparedbytheInternationalSecretariatfortheVice‐ChairoftheCommittee,Mr.RobertAderholt
ThirdCommitteeFollow‐UpReport2010
ContentsIntroduction ..................................................................................................................................... 2Human Trafficking, Protecting Children and Criminal Sentencing ............................................... 3Election Observation ....................................................................................................................... 9Moratorium on the Death Penalty ................................................................................................. 11Maternal Mortality ........................................................................................................................ 12Aid and Assistance to Refugees .................................................................................................... 14Tolerance questions / Non-discrimination .................................................................................... 16Freedom of Opinion and Expression ............................................................................................ 20ANNEX 1...................................................................................................................................... 23ANNEX 2...................................................................................................................................... 25
Note on sources: In September 2009, the International Secretariat circulated a questionnaire toOSCE PA Delegations, asking for information on the implementation of OSCE PArecommendations. Unless otherwise referenced, information in this report can be found in theresponses provided by parliaments, which are available from the OSCE PA InternationalSecretariat. The International Secretariat wishes to thank those Delegations which providedanswers, as well the OSCE Secretary General for information provided on behalf of the OSCE.
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Third General Committee on Democracy,Human Rights and Humanitarian Questions:Resolutions and RecommendationsIntroductionParliamentarians representing 50 OSCE participating States met in Vilnius from 29 June to 3July 2009 to assess developments and challenges relating to security and co-operation, focusingon the general theme ofThe OSCE: Addressing New Security Challenges.In addition toaddressing the human dimension of the general theme, the Third General Committee onDemocracy, Human Rights and Humanitarian Questions passed resolutions dealing withprotecting unaccompanied minors and combating the phenomenon of child begging, promotinghuman rights and civil liberties, election observation, the death penalty, aid and assistance torefugees, anti-Semitism, and freedom of expression.This report considers actions taken by the OSCE and its participating States in relation to theOSCE PA’s recommendations. With the strong support of parliamentary delegations and theOSCE governmental side, the report is intended to provide a general overview of relevantdevelopments by participating States and the OSCE.While the majority of the recommendations addressed here are found in the OSCE PA’s VilniusDeclaration of July 2009, key themes from past Declarations have also been considered, toensure greater continuity and scope. The International Secretariat would like to thank thedelegations which responded to the OSCE PA International Secretariat’s Questionnaire for theirsupport; the information provided by these answers have been an invaluable source in ourresearch. Responses from delegations are available from the International Secretariat, and PAmembers are encouraged to examine this valuable source of information, in the interests ofcontinuing exchanges of best practice.
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Human Trafficking, Protecting Children and Criminal SentencingI. Vilnius Declaration, Chapter III, Resolution on Co-operation for the Enforcement ofCriminal Sentences, and Resolution on Protecting Unaccompanied Minors andCombating the Phenomenon of Child BeggingThe Vilnius Declaration addresses the problem of human trafficking on multiple occasions.Chapter III of the Declaration, which deals with the humanitarian aspects of the global economiccrisis, expresses concern that “women’s economic dependency on men, particularly in times ofeconomic difficulty, makes women easy targets for oppression and abuse, as well as potentialvictims of prostitution and human trafficking.” It urges “the OSCE, its field missions andparticipating States to redouble efforts to combat trafficking in human beings through preventiveprogrammes and increasepublic awareness.”The Resolution on Co-operation for theEnforcement of Criminal Sentences calls for international co-operation to develop minimumstandards in criminal sentencing and ensure mutual recognition of sentences.In Vilnius, OSCE parliamentarians also placed a particular focus on combating sexual abuse andexploitation of children as well as more generally protecting the rights of children andadolescents. The Resolution on Protecting Unaccompanied Minors and Combating thePhenomenon of Child Begging recommends, in particular, that “an OSCE representative withobserver status should be present at all international fora dealing with protecting the rights ofchildren and adolescents.”II. OSCE InitiativesSpecial Representative and Co-ordinator for Combating Trafficking in Human BeingsIn 2009, the then OSCE Special Representative and Co-ordinator for Combating Trafficking inHuman Beings, Eva Biadet, met with National Authorities in Armenia, UK, Turkmenistan,Finland, Iceland and the Russian Federation to discuss action against trafficking in humanbeings. The Special Representative also implemented substantive country assessments in co-operation and agreement with individual participating States, including Spain, Romania andKazakhstan.The OSCE held a high-level conference on 14-15 September in Vienna with the intent ofproviding examples of best practices regarding the prevention of trafficking in human beings.The US Secretary of State, Hillary Clinton, three UN Special Rapporteurs, as well as expertsfrom the World Bank, the International Labour Organization, and the International Organizationfor Migration provided interventions to the conference.1
1
OSCE Conference: Prevention of Modern Slavery: "An Ounce of Prevention is Worth a Pound of Cure" Vienna,14-15 September 2009,http://www.osce.org/conferences/prevention_09.html
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On 10 December 2009 Ms. Biaudet presented to the Permanent Council a document entitled “AnAgenda for Change: Implementing the Platform for Action against Human Trafficking,”2whichnoted the tremendous progress in the anti-trafficking arena. She also, however, drew attention tothe many gaps and recognized the significant challenges that still remain. The report containsinformation on the progress of OSCE anti-trafficking efforts and sets forth the agenda for thenext three years. Recently, the work of the Office has focused on three main issues: raising thepublic and political profile of combating trafficking in human beings, raising the visibility ofOSCE action on trafficking in human beings, and integrating efforts to tackle trafficking inhuman beings. The report also called for prioritizing actions against child trafficking andtrafficking for sexual exploitation, which remains the most common type of trafficking. Effortsto raise public awareness and the called-for focus on protecting children are fully in line withOSCE PA recommendations.There has been increasing concern over the disappearance of unaccompanied asylum-seekingchildren in recent years. These missing children often end up as victims of various types ofexploitation including sexual exploitation and forced involvement in petty-crime, domesticslavery, or begging in the street. Two main socio-economic roots of this phenomenon were citedat the September Alliance against Trafficking in Persons Conference: marginalization anddiscrimination. Ms. Biaudet called upon the States to adopt new child-sensitive approaches totrafficking and to co-ordinate actions of OSCE Missions in all regions. Ms. Biaudet advocatedfor a number of urgent steps to be taken:Children must be protected regardless of their immigration status;Children should receive assistance, and not be subject to punishment or detention, as thisalso puts children at risk of various forms of exploitation;A decision regarding the safe return must be made for a child, based upon a processdetermining what is in the best interest of that child. The return of victims without properrisk assessment and best interest determination puts children at continued risk of re-trafficking.
During 2009 the Special Representative and her Office participated in more that 40 events,including conferences, seminars and meetings involving youth and students (One World Week,the Future of Childhood Conference, the International Affairs programme of the United WorldCollege of the Adriatic, etc).In January 2010, Maria Grazia Giammarinaro (Italy) assumed the position as OSCE SpecialRepresentative and Co-ordinator for Combating Trafficking in Human Beings. As one of her firstacts, she addressed the PA’s Winter Meeting in February, where she called for multiple sides ofthe problem to be addressed, such as organized crime, migration, human rights protection,gender equality, development, and economic issues.In response to a request for information, OSCE Secretary General Marc Perrin de Brichambautindicated that the OSCE’s Strategic Police Matters Unit (SPMU) has been following up theOSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, “AnAgenda for Change: Implementing the Platform for Action Against Human Trafficking,”http://www.osce.org/publications/cthb/2009/12/41953_1410_en.pdf2
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events and practices it began in 2007 and 2008, aimed at improving law enforcement’s responseto counter sexual exploitation of children on the Internet. The SPMU has built a thematic portalwithin its POLIS online policing information system devoted to assisting participating States infinding information concerning the topic.The Ministerial Council has remained engaged with the issue of combating exploitation ofchildren for a number of years, but did not address this in 2009. The main documents containingthe OSCE commitments with a central theme in the Organization’s anti-trafficking work stillremain: Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings:Addressing the Special Needs of Child Victims of Trafficking for Protection and Assistance,3theMinisterial Council Decision 15/06 on Combating Sexual Exploitation of Children4and theMinisterial Council Decision 9/07 on Combating Sexual Exploitation of Children on theInternet.5The OSCE Ministerial Council has also regularly adopted decisions related to human trafficking,mirroring OSCE PA concern over the problem. Starting from 2000, anti-trafficking MinisterialDecisions have called on the OSCE participating States to sign and ratify the United NationsConvention against Transnational Organized Crime and the Protocol to Prevent, Suppress andPunish Trafficking in Persons. The OSCE has supported the efforts of participating States toadopt national legislation in accordance with the Trafficking in Persons Protocol.6To date, 40 ofthe 56 participating States have ratified the protocol.OSCE Field ActivitiesOSCE field missions are particularly active in working to combat trafficking in human beings.Work includes enhancing awareness of the issue, supporting legislative initiatives, and helping toco-ordinate national action, among other measures. For example, the OSCE Mission to Moldovahosts monthly Technical Co-ordination Meetings (TCMs) aimed at further co-ordination amonganti-trafficking actors and to encourage an ongoing exchange of information about activities andinitiatives in the field. Regional TCMs also include local public authorities and local civil societyrepresentatives.7In October 2009 the Centre in Ashgabat organized a visit of representatives from Turkmenistanto Ukraine in order to discuss measures against human trafficking, how to organize help forvictims of trafficking, and how to improve inter-state co-operation. This visit was part ofactivities organized by the OSCE Centre in Ashgabat aimed at raising awareness regardingcombating trafficking in persons.8The Centre also organized a seminar for law-enforcement
Adopted by the Ministerial Council in 2005Adopted in 20065Adopted in 20076OSCE Strategic Police Matters Unit, Report by the OSCE Secretary General on Police-Related Activities of theOSCE Executive Structures up to the End of 20097http://www.osce.org/moldova/13429.html8OSCE Press Release: OSCE Centre in Ashgabat promotes sharing of best practices to combat human traffickinghttp://www.osce.org/item/40470.html4
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bodies in order to discuss concrete cases of trafficking for purposes of labour and sexualexploitation.9In April 2010 the OSCE Centre in Ashgabat helped organize a training course on how to preventhuman trafficking and promote safe migration. The course trained 33 volunteers and staff fromthe National Red Crescent Society of Turkmenistan and other civil society organizationsrepresenting Turkmenistan’s five regions to teach others about preventing human trafficking.10Also that month, the OSCE Presence in Albania provided training support to a seminar oncompensation and victims’ legal rights for 14 judges and prosecutors working on internationalstandards. Held in co-operation with the Centre for Legal and Civic Initiatives and the School ofMagistrates in Durres, the event aimed to increase public awareness of the rights of traffickedpersons.11OSCE Co-operation with other Intergovernmental OrganizationsThe Special Representative works closely with United Nations Office on Drugs and Crime(UNODC) on promoting the implementation of the UN Convention against TransnationalOrganized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons,especially women and children. An additional UN partner of the OSCE working in this sphere isthe UN Global Initiative to Fight Human Trafficking (UN GIFT).III. National Initiatives on Human TraffickingRecognizing the importance of the human trafficking issue and understanding that manychallenges remain in dealing with this topic, many participating States have introduced NationalAction Plans to implement national strategies designed to address the issue.12Topics such as theprotection of victims, seeking asylum from trafficking, combating trafficking for sexualpurposes, as well as the introduction of more preventive measures, increasing knowledge amongthe police and increasing national co-operation are generally addressed within National ActionPlans. Some of the measures deal exclusively with efforts to curb sexual exploitation via theInternet and protecting children.Many participating States have signed and ratified two major conventions against humantrafficking: the UN Convention against Trafficking and Transnational Organized Crime’sProtocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women andChildren and the Council of Europe Convention on Action against Trafficking in HumanBeings.13
OSCE Press Release: OSCE Centre in Ashgabat organizes anti-trafficking seminar for law-enforcement bodieshttp://www.osce.org/item/41293.html10OSCE Centre in Ashgabat Press Release: OSCE Centre supports training course to prevent human trafficking inTurkmenistan, 27 April 2010,http://www.osce.org/ashgabat/item_1_43638.html11OSCE Presence in Albania, Bi-weekly Report No. 317: 19 April – 2 May 2010, SEC. FR/220/10, 5 May 201012Norway, the UK, Sweden, the Republic of Slovenia, Romania.13For a full list of signatories and ratifications, see annexes 1 and 2.
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Many efforts have been devoted to establishing national agencies working with protection ofvictims and their reintegration into society, protection of witnesses involved in cases of humantrafficking, as well as running awareness campaigns.Bilateral co-operation initiatives intended to curb trafficking in human beings have also beenestablished. For example, the German parliament passed a law on the agreement betweenGermany and Vietnam regarding co-operation, while Andorra offered Ukraine 15 000 euro toassist in establishing a project for combating trafficking in human beings.Hungary launched a campaign from March to June 2009 targeting the users of organizedtrafficking services, namely males between the ages of 24-45. The campaign was supported bythe Ministry of Justice and Law Enforcement, National police and others. The measures utilizedby the campaign included dissemination of information via postal mail, Internet, leaflets anddistribution of products with slogans to the targeted group.Legislation introduced in the United States aims to bring additional financial resources to fightthe trafficking of children, by authorizing the U.S. Secretary of State to enter into three-year“Child Protection Compacts” with countries that are eager but financially unable to effectivelycombat trafficking within their borders. Congressman Chris Smith, who serves as theAssembly’s Special Representative on Human Trafficking Issues introduced this legislation tothe House of Representatives in 2009 and OSCE PA Vice-President, Senator Ben Cardinintroduced similar legislation in 2010.14The French National Consultative Commission on Human Rights provided a full report focusedon French legislation concerning trafficking and exploitation of human beings covering theperiod of time from 2007-2009. Despite the fact that France is party to several treaties andconventions, victims of trafficking and exploitation within France still face serious difficulties, itsays. A clear distinction between the act of trafficking and the general exploitation of humanbeings should be adopted in the legislature, and the Commission calls upon France to apply theUnited Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, not the Protocolagainst the Smuggling of Migrants.Two bills were introduced in the Canadian legislature in order to amend the Refugee ProtectionAct. The first introduces measures to provide assistance and protection to victims of humantrafficking, whereas the other enables the issuing of temporary residence permits to victims oftrafficking. Switzerland administers projects in the country of origin or transit of traffickingvictims and is working to develop standards in international organizations (UNODC and OSCE)regarding human rights. In 2003 the National Office for Co-ordination against HumanTrafficking within the National Police (Fedpol) was established to conduct exchanges withinternational experts and provide training for national and foreign staff.Iceland has among other things concluded a co-operation agreement with the Icelandic RedCross on measures to combat human trafficking in Moldova. It has also taken progressive stepsto tighten legislation within this field. In the spring of 2009, an Action Plan Against Human“Vice-President Cardin and Special Representative Smith introduce legislation to combat child trafficking,”Newsfrom CopenhagenNo. 340, 7 April 201014
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Trafficking entered into force. The plan consists of nine actions of protection, prosecution andprevention. Among them is to the intention to ratify the European Convention on Action againstHuman Trafficking, to provide protection and aid to victims of human trafficking, banning theoperation of strip clubs and purchasing sexual services.The Spanish EU Presidency, the Swedish Ministry of Justice and the International Organizationfor Migration organized the 3rd National Networking Meeting in March 2010 in Madrid, Spain.The Meeting took place within the framework of the project “Towards Global EU ActionAgainst Trafficking in Human Beings”, implemented by the Swedish Ministry of Justice in co-operation with the International Organization for Migration in Vienna, and with financial supportfrom the European Commission.15IV. National Initiatives on Protecting Unaccompanied Minors and Combating thePhenomenon of Child Begging, and Co-operation for the Enforcement of CriminalSentencesFor providing immediate reaction and improving the protection of children, the former YugoslavRepublic of Macedonia, Estonia and France have established alert systems to detect situationsdangerous to the well-being of children. In France various ministries, mass media, transportationcompanies as well as NGOs have signed an agreement to co-operate efficiently in case of akidnapped minor. The alert can be launched if the following criteria are met:The act of kidnapping is proven.There is a real danger for the victim’s life.The victim is a minor.The prosecutor has information which can help to locate either the victim or the offender.
The message with the information is distributed through different channels, such as mediaoutlets, messages on roads, voice messages in railway stations and the metro, and Internet sites.Canada and the UK have introduced a national register in order to better protect the public andinvestigate crimes of a sexual nature more effectively. The National Sex Offender Registry hasbeen in action since 2003, however, the draft introduced to the Canadian House of Commons hasbeen suspended since the Parliament prorogued in December.With respect towards fundamental rights and freedoms of young workers, Turkey and Estoniahighlighted their ratification of the International Labour Organization Convention “Concerningthe Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour”.Similarly, Slovenia, Turkey and Hungary note that they joined the UN Convention on the Rightsof the Child and its Optional Protocols.
International Organization for Migration, 3rd National Networking Meeting, Towards EU Global Action againstTrafficking in Human Beings,http://www.iomvienna.at/index.php?option=com_content&view=article&id=426%3A3-national-networking-meeting-toward-global-eu-action-against-trafficking-in-human-beings-5-maerz&catid=71%3Amenschenhandel&lang=en
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Many countries expressed their concern regarding the sexual abuse of children and initiated avariety of measures intended to prevent the crime and help the victims re-integrate into society.Many Internet resources were created to raise awareness and provide information. In the formerYugoslav Republic of Macedonia 30 trainings were organized to teach educators andpsychologists how to identify children who may have been victims of sexual abuse. Taking intoconsideration the importance of the media in this issue, two training sessions were organizedwith 33 journalists on reporting about cases of violence against children. One of the mostimportant outcomes of the training sessions is joint work on a draft code of conduct for thejournalists when reporting on this subject. Monaco has signed a UN Protocol to combatexploitation and sexual abuse of children, child pornography and the child slave market.In an attempt to harmonize the national policies and develop common practices, manyparticipating States undertook a variety of initiatives both on the national and international level.The Council of Europe’s European Committee on Crime Problems provided experts to commenton this issue. The activities of the Committee include: keeping abreast of the work of theconventions and commenting on best practices in their practical application; and examination ofvarious steps and initiatives to improve the efficiency of international co-operation in criminallaw.The EU Framework Decision of February 2005 which refers to the principle of mutualrecognition of financial penalties has been introduced into the national legal systems of someparticipating States, such as Germany, Luxembourg, Romania, Poland and the UK. Also, anumber of countries have expressed their intention to establish bilateral agreements for legalassistance and co-operation, paying particular attention to the issues of extradition andtransportation of criminals.
Election ObservationI. Vilnius Declaration, Resolution on Election ObservationThe Resolution on Election Observation called upon the Parliamentary Assembly to continue toprovide political leadership to OSCE election observation missions and urged participatingStates to fully honour their commitment to inviting the OSCE, including the OSCE PA andODIHR, to observe national elections. It also called upon ODIHR to step up its efforts to prepareguidelines for the observation of electronic voting.Furthermore, the Declaration called upon ODIHR, in consultation with the OSCE PA, to preparea discussion paper on guidelines for the observation of voter registration. Finally, it called uponthe Director of ODIHR to report to the Permanent Council and the Parliamentary Assembly ongeneral trends with regards to the follow-up and implementation of recommendations of OSCEelection observation missions.II. OSCE InitiativesOSCE participating States have continued to invite observers to monitor their national electionproceedings and the OSCE PA has continued to provide political leadership to OSCE election9
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observation activities. The Assembly has worked closely with ODIHR on the basis of the 1997Co-operation Agreement, as well as with other international parliamentary institutions. OSCEPA Members have been appointed by the OSCE Chairmanship as Special Co-ordinators to leadthe OSCE short-term observation missions in Kyrgyzstan, Moldova, Ukraine, Tajikistan and theUnited Kingdom. However, in January 2010, OSCE PA President Joao Soares reported to theChairman-in-Office, the Foreign Minister of Kazakhstan Kanat Saudabayev, regarding certainproblems encountered in co-operation with ODIHR. The President noted his disappointment thatODIHR refuses the idea that the OSCE works as one unified organization on observationmissions, comprising the OSCE PA and ODIHR. He expressed concern that the ODIHRleadership refused to have the OSCE logo appear on the document issued by an observationmission, instead insisting that the ODIHR and the OSCE PA logos appear separately, side-by-side.Following a request for information, ODIHR Director Janez Lenarcic informed that ODIHR ispreparing a handbook on the observation of voter registration, which is expected to be producedduring 2010. He also indicated that, following previous work on the topic, ODIHR expected toproduce guidelines for observation of electronic voting in the course of 2010, however this hasnot been conducted in consultation with the OSCE PA.At Working Session 16 of the Human Dimension Implementation Meeting of the OSCE inSeptember/October 2009 it was noted that the Elections Department of ODIHR has continued tofocus on the core activities of election observation and technical assistance. In the future, theElections Department of the ODIHR suggested more of a focus on the training of observers,including LTOs. Finally, it was said that the ODIHR’s election observation might be refined withparticular focus on campaign financing.In October 2009, Ambassador Lenarcic reported to the Permanent Council that ODIHR hadundertaken follow-up activities in Belarus, Georgia, Montenegro, and Kazakhstan, and plannedothers in Albania, Moldova and Kyrgyzstan, and had prepared comments on electoral legislationin Albania, the former Yugoslav Republic of Macedonia, Serbia and Ukraine. The ODIHRDirector has not yet reported to the Parliamentary Assembly in regard to follow-up of electionobservation missions.III. National Initiatives / Best PracticesIn keeping with its OSCE commitments, in April 2010 the United Kingdom for the first timeinvited the OSCE Parliamentary Assembly to observe its national elections. The invitationfollowed the UK’s 2006 Electoral Administration Act, which specifically introduced provisionsfor observers to be accredited to attend polling stations and the vote count. Accepting the UK’sinvitation, the OSCE PA deployed an observation mission for the UK’s 6 May parliamentaryelections, which included Members of Parliament from Azerbaijan, Georgia, Italy, Kazakhstan,Portugal, Russia and Tajikistan. It was the first time that the PA had observed a British electionand was also the first time a PA observation consisted of a majority of parliamentarians from theCommonwealth of Independent States.
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Moratorium on the Death PenaltyI. Vilnius Declaration, Resolution on Moratorium on the Death Penalty and Towards itsAbolitionIn the resolution adopted during the Vilnius Session, the OSCE PA condemns all executionswherever they take place, and calls upon participating States that currently retain the deathpenalty to declare an immediate moratorium on executions. Specifically, the resolution callsupon Belarus and the Government of the United States of America to adopt a moratorium onexecutions, as well as on Kazakhstan and Latvia to amend their Criminal Codes with a view tocomplete abolition. The resolution also encourages awareness-raising activities against recourseto the death penalty, including by the ODIHR and OSCE missions.II. OSCE InitiativesThe OSCE Office for Democratic Institutions and Human Rights develops, conducts andprovides support to awareness-raising campaigns. ODIHR also conducts training on relevantinternational human rights mechanisms for national lawyers who deal with death penalty cases.ODIHR published on 29 September 2009 its tenth annual background paper on “The DeathPenalty in the OSCE Area.”16Covering the period 1 July 2008 until 30 June 2009, the paper isbased primarily on information provided by the participating States and highlights developmentsthat have occurred since the last publication. The report provides detailed information on thelegal status of capital punishment in each of the OSCE’s 56 participating States.OSCE Human Dimension Implementation MeetingAt the 2009 OSCE Human Dimension Implementation Meeting held from 29 September to 9October in Warsaw, Working Session Four addressed a range of issues including the abolition ofcapital punishment. During the session many speakers called for the abolition of capitalpunishment, and for an immediate moratorium on its use. The death penalty resolution in theVilnius Declaration was broadly welcomed. Some speakers highlighted the need for moreawareness-raising exercises in the OSCE area.Recommendations coming out of the discussion broadly followed the recommendations in theOSCE PA resolution of July 2009.Recommendations included:All participating States which still maintain the possibility to apply capital punishmentshould abolish it for all crimes;There should be a moratorium on the death penalty and an affirmation of the right to life;National parliaments should form coalitions against the death penalty.
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“The Death Penalty in the OSCE Area,” Office for Democratic Institutions and Human Rights, 29 September2009, http://www.osce.org/publications/odihr/2008/09/33276_1187_en.pdf
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III. National Trends and InitiativesOSCE participating States have committed themselves to keeping the question of capitalpunishment open and to exchange information on the abolition of the death penalty. In recentyears increasing numbers of OSCE States have abolished the death penalty and in the States thatretain it, its use appears to be on the decline.In some OSCE participating States the death penalty is retained in law but there is a moratoriumon executions, such as in Kazakhstan,17the Russian Federation and Tajikistan, while executionsmay legally be carried out during wartime in Latvia. The two OSCE States that retain the use ofcapital punishment, Belarus and the United States, have not issued moratoriums and continued tocarry out executions in the reporting period. In U.S. there were 52 documented executions in2009.18Two executions were reportedly carried out in Belarus in March 2010.Despite the continued use of the death penalty, it is clear that the practice is on the declinethroughout the OSCE area, with Amnesty International praising the fact that no executions tookplace in Europe in 2009,19and the American Civil Liberties Union (ACLU) documenting thatthe use of capital punishment is also receding in the United States. The ACLU states in a reportreleased in March 2010 that “A growing number of [U.S.] states are choosing permanentimprisonment over the death penalty … In 2009 the number of new death sentences nationwidereached the lowest level since the death penalty was reinstated in 1976.”20The issue of capital punishment was a priority during the Swiss Council of Europe presidency,and they are launching a campaign to abolish the death penalty in Belarus. Switzerland launchedseveral initiatives such as a United Nations resolution on Moratorium on the Death Penalty.Also, Switzerland hosted the fourth World Congress Against Death Penalty in Geneva inFebruary 2010.
Maternal MortalityI. Vilnius Declaration, Resolution on Maternal MortalityLamenting that there has been “no significant progress in achieving the fifth goal of theMillennium Declaration of 2000 calling for a 75 per cent reduction in global maternal mortalityby 2015,” the Vilnius Declaration calls on OSCE participating States “to make stronger andmore consistent efforts to reduce maternal mortality both at home and abroad through greaterfinancial investment and participation in global initiatives.” It also urges the United Nations, theWorld Bank and the International Monetary Fund to remain seized of the matter.“(…)Noting that an amendment of 21 May 2007 to the Constitution of the Republic of Kazakhstan abolished thedeath penalty in all cases save for acts of terrorism entailing loss of life and for especially grave crimes committed inwartime(…)”, the OSCE PA, Vilnius Declaration 200718“Death Sentences and Executions 2009,” Amnesty International, http://www.amnesty-eu.org/static/documents/2010/AIDeathSentencesandExecutions09.pdf19“Death Sentences and Executions 2009,” Amnesty International, http://www.amnesty-eu.org/static/documents/2010/AIDeathSentencesandExecutions09.pdf20“Death in Decline ’09,” ACLU of Northern California, 29 March 2010,http://aclunc.org/docs/criminal_justice/death_penalty/death_in_decline_09.pdf17
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II. International TrendsAccording to the World Health Organization’s latest data, from 2005, in 56 of the 68 prioritycountries where 98 per cent of maternal deaths occur, mortality ratios are still high, exceeding300 maternal deaths per 100,000 live births. The global maternal mortality ratio is 400 maternaldeaths per 100,000 live births versus 430 in 1990. The WHO notes that this average annualdecrease is less than one per cent, far below the 5.5 per cent annual decline that is required toachieve the Millennium Development Goals.21According to UN information, throughout most of the Central Asian republics, the maternalmortality rate is greater than 100 deaths for every 100,000 live births. However the officialfigures from Uzbekistan show a much better situation. In many developing countries cultural andreligious taboos, as well as shortages of qualified health personnel aggravates the situation.22However, a study byThe Lancet,a leading British medical journal, found that the rate at whichwomen die in childbirth or soon after delivery has fallen by about 40 per cent since 1980, withdramatic reductions in India, China, Brazil and Egypt.The Lancetstudy, published in May 2010,found that there were 342,900 maternal deaths worldwide in 2008, down from 526,300 in1980,23indicating substantial progress in recent years towards the Millennium DevelopmentGoals. “Although only 23 countries are on track to achieve a 75% decrease in MMR by 2015,”The Lancetconcluded, “countries such as Egypt, China, Ecuador, and Bolivia have beenachieving accelerated progress.”III. National Trends and InitiativesSeveral countries declared that their policies were based around the development goals of the UNMillennium Declaration, two of which are directly related to reproductive health issues. Romaniaand Belgium support their partners with both material and financial aid, which enables them todevelop their own health programmes designed to reduce maternal death rate. Othergovernments put their efforts into improving the health care system within their own countriesaddressing such issues as: prenatal care, care for working women and for postnatal care.However, the maternal mortality trend is not necessarily positive necessarily throughout theOSCE area.The former Yugoslav Republic of Macedonia acknowledges that the maternal mortality ratesdecreased very slowly during the past 10 years.24Antenatal health care covers 96 per cent ofpregnant women. In 2009 the National Perinatal Committee with technical support fromUNICEF conducted a study and drafted a Perinatal Health Strategy. The Ministry of Health hasbeen working on a Reproductive Health Strategy where safe motherhood is listed as one of theWorld Health Organization, Millennium Development Goal 5,http://www.who.int/making_pregnancy_safer/topics/mdg/en/index.html22RFE/RL: UN Conference Highlights Failures To Reduce Maternal Deaths, 28 October 2009http://www.rferl.org/content/UN_Conference_Highlights_Failures_To_Reduce_Maternal_Deaths/1863374.html23The Lancet, Volume 375, Issue 9726, Pages 1609 - 1623, 8 May 201024National Response of the former Yugoslav Republic of Macedonia, p. 3521
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priorities, broadening the Mother and Child Health Care Programme as well as upgradingmedical equipment.As president of the G-7/G-8 for 2010 Canada made improving the health of women and children,particularly the reduction of maternal and infant mortality in the world’s poorest nations itspriority. Efforts include: promoting clean water, better nutrition and training of health workers.Canada has also contributed to the multi-donor maternal health initiative led by UNICEF and theAfghan Ministry of Public Health to reduce maternal mortality throughout Afghanistan anddeliver a safe motherhood information campaign.Together with international partners the government of the United Kingdom is playing a pivotalrole in the UN Secretary General’s “Joint Effort” on maternal, newborn and child health. TheJoint Effort aims to build on current commitments and develop a Global Action Plan to be agreedat the 2010 UN General Assembly. The UK Department for International Development is in theprocess of developing a new reproductive and maternal health strategy paper to accelerateprogress on maternal health which incorporates lessons from a review of our project portfolioand which will guide DFID's future investments and feed into country plans.Amnesty International recently released a report documenting that maternal mortality ratios haveincreased in the United States from 6.6 deaths per 100,000 live births in 1987 to 13.3 deaths per100,000 live births in 2006, although they note that some of the recorded increase is due toimproved data collection. “More than two women die every day in the USA from complicationsof pregnancy and childbirth,” Amnesty International notes.25
Aid and Assistance to RefugeesI. Vilnius Declaration, Resolution on Aid and Assistance to RefugeesIn the Vilnius Declaration the OSCE PA urged participating States to undertake the necessaryaction in order to lend economic and material support to United Nations intervention to promptlyprovide aid to refugees in areas of armed conflict, civil war, natural disasters or persecution.Additionally, the Parliamentary Assembly urged the recognition of refugee status and theprovision of aid and assistance as close as possible to refugees’ country of origin.II. OSCE/UNHCR WorkThe situation of refugees in the OSCE region was addressed during the Human DimensionImplementation Meeting in September-October 2009. A representative of the UN HighCommission for Refugees reported during the meeting that at the end of 2008, globally, around42 million people were forcibly displaced, which included 15.2 million refugees, while the totalnumber of internally displaced people as a result of armed conflict was estimated at 26 million.Of that number, 4.75 million persons of the UNHCR’s concern are in the OSCE region.26Amnesty International: Deadly Delivery – The maternal health care crisis in the USA, 2010.“Refugee Protection and Displacement in the OSCE Region – Commitments for Protection and Solutions”,UNHCR Contribution to the Human Dimension Implementation Meeting 2009, Warsaw, 28 September to 9 October2009,http://www.osce.org/documents/odihr/2009/09/39804_en.pdf2625
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Among the 4.75 million people of the UNHCR’s concern in the OSCE region, there are 2.5million refugees and asylum seekers, 1.3 million internally displaced persons and more than900,000 returnees, stateless and other persons of concern.27Many of those stateless are in theCIS region. Particular concern was expressed regarding the statelessness of 706,000 persons in2008 in the OSCE region; stateless people around the world whose protection needs aregenerally poorly understood are often subject to a protracted delay until a solution is found.The UNHCR has continued to support states amending existing legislation in the OSCE region toalign their national legislation with international refugee law, standards and good practice,including,inter alia,Denmark, Ireland, the Netherlands, Spain, Switzerland, Ukraine, and theUnited Kingdom. Noting that stateless persons are present in many of the OSCE countries, it isexpected that identification and registration of them can help facilitate the acquisition ofnationality for these people, such as the large scale projects that exist in Ukraine, the RussianFederation, Bosnia and Herzegovina, Montenegro, Serbia, and the former Yugoslav Republic ofMacedonia. There are successful examples of the OSCE-UNHCR co-operation in South-EasternEurope, Southern Caucasus, parts of Central Asia, and in Eastern Europe.The UNHCR representative outlined that resettlement is a key protection tool, and noted thatwhile it only benefits a small number of refugees overall, 86 per cent of the total number of allresettled refugees in the period 1999-2008 were resettled to the OSCE region.At the 2009 Human Dimension Implementation Meeting, the following recommendations weremade regarding refugees and internally displaced persons in the OSCE area:The OSCE, especially the Office of High Commissioner on National Minorities, shouldgive special attention to the solution of the situation of refugees and internally displacedpersons resulting from the conflict in Georgia in August 2008;OSCE participating States should review the implementation of OSCE commitmentsconcerning migrants, refugees and IDPs and discuss gaps.
The OSCE PA 2009 Resolution on labor migration called for greater co-ordination in regionalpolicies, and for improved national efforts to fight hate crimes against labor migrants in hostcountries.28III. National InitiativesThe former Yugoslav Republic of Macedonia reports that it has adopted a comprehensive set oflegal acts. The institutions in the country assume a range of obligations regarding the care andaccommodation of asylum seekers which is supported by a separate chapter in the NationalBudget. For example, a shelter for asylum seekers has been operational since 2008. Integration“Refugee Protection and Displacement in the OSCE Region – Commitments for Protection and Solutions”,UNHCR Contribution to the Human Dimension Implementation Meeting 2009, Warsaw, 28 September to 9 October2009,http://www.osce.org/documents/odihr/2009/09/39804_en.pdf28For follow-up action in regards to this resolution, please see the Interim Follow-Up Report prepared for the FirstCommittee, “Political Affairs and Security”27
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of refugees is guided by the Strategy on Integration of the Refugees and Foreigners 2008-2015and the Action Plans from the Strategy. Broad support including accommodation, employment,education, healthcare, social protection and management of the process of integration isprovided.Lithuania reported that it guarantees legal aid to asylum seekers and Romania hosts anEmergency Transit Center in Timisoara. Slovenia gives financial support, education and healthcare to refugees. The United Kingdom recently renewed its commitment to support refugees bythe publication of a refugee strategy document and it runs the Gateway Resettlement Programmein partnership with the UNHCR. Hungary is planning to implement a work force programme togive more effective access of refugees to the labour market. The Government of Estonia iscompiling a national action plan in 2010 to define and create strategies that take into account agender perspective in international missions and development aid. The Ministry of ForeignAffairs oversees the working group created to accomplish this plan.
Tolerance questions / Non-discriminationI. Vilnius Declaration, Resolution on Anti-Semitism, Resolution on Divided EuropeReunited: Promoting Human Rights and Civil Liberties in the OSCE Region in the21stCenturyThe OSCE PA continued previous work on combating intolerance in the OSCE region with aresolution in Vilnius on anti-Semitism. In this resolution, OSCE parliamentarians call on theOSCE to seek methods by which to co-ordinate the response of participating States to combat theuse of the Internet to promote incitement to hatred. Endorsing the declaration of the LondonConference on Combating Anti-Semitism, the PA reaffirms that, “with the support of the OSCE,measures must be adopted to assess the effectiveness of existing policies and mechanisms incountering anti-Semitism, including the establishment of publicly accessible incident reportingsystems, and the collection of statistics on anti-Semitism.”II. OSCE InitiativesAt Working Session Ten of the Human Dimension Implementation Meeting of the OSCE inSeptember/October 2009 one of the main topics addressed was combating anti-Semitism. It wasmentioned that data gathering is a fundamental pre-requisite to identifying responses to hatecrimes, since reporting on hate crime still needs much improvement.29Community policingneeds to be improved as well, and participating States were called upon to make a realcommitment toward using community policing.Recommendations for action within this field included a call for a Supplementary HumanDimension Meeting to focus on the problem of anti-Semitism during the first quarter of 2010.
“Human Dimension Implementation Meeting, Consolidated Summary”, OSCE, Warsaw 28 September – 9October 2009
29
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17thOSCE Ministerial CouncilThe OSCE Ministerial Council Decision 09/09 on Hate Crime “tasks the ODIHR to explore andin co-operation with relevant international organizations and civil society partners, the potentiallink between the use of the Internet and bias-motivated violence and the harm it causes as well aseventual practical steps to be taken.”30Broadly in line with OSCE PA recommendations, the Ministerial Council urged participatingStates to:Collect, maintain and make public, reliable data on hate crimes and violentmanifestations of intolerance;Enact specific legislation to combat hate crimes, providing for effective penalties thattake into account the gravity of such crimes;Take appropriate measures to encourage victims to report hate crimes, recognizing thatunder-reporting of hate crimes prevents States from devising efficient policies;Conduct awareness raising and education efforts directed towards communities and civilsociety groups that assist victims of hate crimes;Nominate a national point of contact on hate crimes to periodically report to the ODIHRreliable information and statistics on hate crimes.
The OSCE High Commissioner on National Minorities (HCNM) recalls that “we cannot increasesecurity in Europe without looking at minority issues.”31The HCNM intends to resume a studyof integration policies for “new minorities” requested by the OSCE Parliamentary Assembly inEdinburgh 2004. The HCNM task will be to focus on the “how” of integration and to developintegration guidelines for OSCE states.32On 22 March, the ODIHR organized a meeting on "Incitement to hatred vs. freedom ofexpression: Challenges of combating hate crimes motivated by hate on the Internet." Themeeting brought together some 100 experts from the OSCE's 56 participating States to discusslegal issues and practical challenges in combating Internet-inspired hate crimes, reviewsuccessful examples of prosecuting such crimes and share good practices in addressing thephenomenon. Participants were urged by the Direct of the ODIHR to remember that the fightagainst cyber hate must be stepped up without infringing on free speech.33III. National InitiativesOSCE participating States have initiated bills to eliminate hate crimes violence anddiscrimination. Also broad measures against anti-Semitism and education on the Holocaust wereThe 17th OSCE Ministerial Council, 2 December 2009, Decision no. 09/09Address by Knut Vollebaek HCNM 23 February 2010, accessed 21 May 2010,http://www.osce.org/documents/hcnm/2010/02/43088_en.pdf32Address by Knut Vollebaek HCNM 18 February 2010, accessed 21 May 2010,http://www.osce.org/documents/hcnm/2010/02/43085_en.pdf33OSCE Press Release: Fight against cyber hate must be stepped up without infringing on free speech, director ofOSCE rights body says, www.osce.org3130
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taken. A thorough overview of events related to Holocaust memorial actions can be found in thereport “Holocaust Memorial Days in the OSCE Region - An overview of governmentalpractices,” produced by the ODIHR earlier this year.34The Andorran Ministry of Foreign Affairs has appointed a representative who is responsible forcollecting information on hate crimes and responds annually to the ODIHR’s questionnaireregarding hate crimes and the governmental activities undertaken to promote tolerance and non-discrimination.35.Recently, the Belgian Centre of Studies and Documentation of War and Contemporary Society(CEGES) published a report indicating that the Belgian authorities were not powerless under theGerman occupation in World Warr Two to prevent the policy of anti-Semitism. SenatorsPhilippe Mahoux and Alain Destexhe and members of the Belgium delegation to the OSCE PAhave drafted a resolution recognizing the responsibility of Belgian authorities for persecution ofJews in Belgium.The German Government also works on strengthening the understanding of the importance ofvisiting the memorials of victims of National Socialism in Poland, the Czech Republic and othercountries. The Federal Government’s Memory of Victims of National Socialism youthprogramme is co-funded by Israel, Poland and the Czech Republic. Furthermore the CzechRepublic has established an Institute for the Study of Totalitarian Regimes and Security ServicesArchive.36A joint commission on national and ethnic minorities was established in 2009 in Poland, as wellas a monitoring team the National Programme. General education curricula on xenophobia, anti-Semitism, racism and chauvinism and tolerance of other cultures have been developed. With itcame educational materials on the history of Jews and anti-Semitism in Europe. Poland’sInstitute of National Remembrance - Commission for the Prosecution of Crimes against thePolish Nation (IPN) set up in 1998 is responsible for collecting and managing the records of thesecurity organs during the Cold War; investigations of Nazi and communist crimes; andeducational activity. The IPN co-operates with other NGOs like the KARTA Centre Foundationwhich work on the same field.In order to improve transparency and ensure education on totalitarian history, a number ofparticipating States have launched a campaign to organize commemorative events in variouseducational institutions and include studies of the two world wars and the Holocaust in curricula.National institutes to study and provide information on historical and political archives wereestablished in Luxembourg, Slovenia, and the Czech Republic among other countries. At the endof 2008 the Romanian Government, for example, created the Study Centre on Communism andPost-Communism including the Institution for Investigating the Crimes of Communism and theMemory of the Romanian Exile.
34
ODIHR: Holocaust Memorial Days in the OSCE Region - An overview of governmental practices, January 2010,www.osce.org35The responses of Andorra can be found at:www.tandis.odihr.pl36National response of the Czech Republic, item D
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To be able to discuss human rights and equality issues, while examining the changing nature ofconflict between countries and peoples, children in the United Kingdom learn about the impactand nature of the two world wars and the Holocaust. Also, according to the Hate Crime Actionplan the UK has committed to working with partners within ODIHR to seek common responsesfrom OSCE participating States relating to relationships with Internet Service Providers andsharing of information within OSCE participating States.The Swiss Service for Combating Racism (SCRA) co-ordinates all preventative action againstracism, anti-Semitism and xenophobia. The SCRA finances projects, provides expertise andfacilitates exchanges of contact details of organizations and special services. Since 2004Switzerland has been part of the Task Force for International Cooperation on HolocaustEducation, Remembrance and Research. On every 27 January Swiss schools holdcommemoration services on the liberation of the concentration camp “Auschitz-Birkenau”.The Living History Forum is a Swedish public authority established in 2003 which, using theHolocaust and other crimes against humanity as a starting point, works with issues on tolerance,democracy and human rights from both a national and international perspective. The focus of theForum’s activities is to increase especially young people’s knowledge about the Holocaust and topromote democracy, tolerance and human rights through exhibitions, seminars, debates, lecturesand its own reference library open to the public. It provides training courses for teachers andsupports the development and use of teaching materials. Early in 2010 the Swedish Riksdag alsovoted in favour of a proposal from the Government to abolish the period of limitation for thecrimes of genocide and gross crimes against international law.In 2008, a report on hate crime in Iceland was published. The report is an overview of the workthat the OSCE has been carrying out since the Ministerial Council endorsed the Tolerance andNon-Discrimination Decision No. 4/13 in Maastricht in 2003. The report also covers theresponsibility of the National Commissioner of the Police as a National Point of Contact for HateCrimes. Various recommendations are made in the report, including suggested changes to theConstitution, amendments to the General Penal Code, a more rigid recording of hate crimes andimproving awareness among Police officers and employees in the Judiciary system.Slovenia reported that it signed the European Council Framework Decision of 2008 to combatcertain forms and expressions of racism and xenophobia. A study Centre for NationalReconciliation for studying totalitarian history was also established in 2009. Its main task is tostudy and document the violations of fundamental human rights and freedoms, which werecaused by totalitarian regimes in Slovenia in the 20th century. Romania is a member of the TaskForce for International Co-operation on Holocaust Education Remembrance and Research. Atpresent the national policy in this field is based on a comprehensive legal framework whichincludes the principles of non-discrimination and gender equality as core principles. Attention ispaid to the situation of the Roma minority especially regarding education and cohesion.In 2005 the Government of Liechtenstein decided to introduce an annual public HolocaustMemorial Day in Liechtenstein on 27 January in order to institutionalize the enhancement ofpublic awareness. Special attention has been paid to education in schools, among other things byimproving teaching materials by taking into account the research results on recent Liechtenstein19
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history by an Independent Commission of Historians, which conducted a study on the role ofLiechtenstein in the Second World War. Liechtenstein developed a national action plan againstracism in 2003, which focused on raising awareness of different forms and origins of racism andon the implementation of a comprehensive integration policy.In the Republic of Cyprus, the Ombudsman’s duties have been extended so that the office is nowan independent authority to deal with and decide upon discrimination matters. The Cyprus policeforce has established a special office for combating discrimination with a special training forofficers in this field. At the same time mechanisms for investigating complaints against policemisconduct have been also introduced.In 2009 Estonia became a member of the UN’s Economic and Social Council (ECOSOC) whereit also held the vice-presidency in 2009, bringing particular focus to the rights of women andindigenous nations. It also co-operates closely with UN special rapporteurs, OSCE HighCommissioner on National Minorities (HCNM), Council of Europe human rights commissionerand EC rapporteurs against racism and intolerance. In 2009 the Minister of Foreign AffairsToomas Paet and OSCE HCNM Knut Vollebaek co-hosted a regional expert round table forpresenting the so-called Bolzano/Bozen package of recommendations.In November 2009 the French Labour Minister outlined methods for achieving gender equalityin work places. He suggested the introduction of sanctions for enterprises which violate thiscondition. The Minister said that he hopes to introduce this practice legally in the first trimesterof 2010. He also expressed his hope for increasing the number of women in top-level-managerialpositions by establishing quotas and special rules concerning the representation of women.
Freedom of Opinion and ExpressionI. Vilnius Declaration, Resolution on Strengthening OSCE Engagement on Freedom ofOpinion and Expression and Resolution on Freedom of Expression on the InternetThe OSCE PA’s Resolution on Strengthening OSCE Engagement on Freedom of Opinion andExpression underlines the need for mutual co-operation between the OSCE Representative onFreedom of the Media and the participating States for development of the media, undertakingprojects aimed at capacity building and training for media outlets and promoting dialoguebetween the media and the government. The victims of violations of media rights should have aneffective remedy; acts of violence and threats, as well as terrorist acts against journalists are to beinvestigated and those responsible should be brought to justice.In its Resolution on Freedom of Expression on the Internet, the OSCE PA calls upon the OSCERepresentative on Freedom of the Media to monitor the policies and practices of participatingStates regarding the free flow of information and ideas relating to political, religious orideological opinion or belief on the Internet, including Internet censorship, blocking andsurveillance. It also requests the OSCE Chair-in-Office to draw additional attention to the issueof Internet censorship, blocking and surveillance by convening a Supplementary HumanDimension Meeting or similar meeting focused on these and related issues.20
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II. OSCE InitiativesRepresentative on Freedom of the MediaIn response to a request for information on work in this field, the then OSCE Representative onFreedom of the Media, Miklos Harazsti noted with regret the failure of the participating States toadopt the Draft Ministerial Council Decision “On Fostering Freedom of the Media andEnhancing Pluralism”, prepared by his Office. The decision was meant to boost pluralism,combat violence against media workers and fight intimidation of investigative journalism andcritical opinion.Dunja Mijatovic of Bosnia and Herzegovina was appointed OSCE Representative on Freedom ofthe Media on 11 March 2010. Ms. Mijatovic has continued to speak out against pressure againstindependent journalists and provided commentary on draft legislation of OSCE participatingStates within related fields.The Declaration from the OSCE’s 12thCentral Asia Media Conference, “Calls on governmentsto facilitate the freer and wider dissemination of information, including through moderninformation and communication technologies, so as to ensure wide access of the public togovernment information.”Human Dimension Implementation MeetingDuring the Human Dimension Implementation Meeting in September-October 2009, Mr.Haraszti expressed his concern regarding the lack of pluralism in the media as well as thecontinued criminalization of libel and insult and the massive fines designed to put media outletsout of business. For those countries that have adopted strict laws on the media, Mr. Harasztidrew particular attention to the fact that the goal of limiting terrorism often serves as an improperbasis for laws that seek to curb free speech. He warned against combining crimes with politicaldisputes or criticism on the Internet.III. National InitiativesTo enhance access to information, in mid-2009 the United Kingdom published the Digital BritainWhite Paper to set the Government’s policy for a universal service commitment. This documentwas also designed to set a route map for a National Plan (launched early 2010) on digitalparticipation.Hungary has adopted a new Civil Code which aims to protect journalists and the editorial officesfor the content of their reports, if sources are cited. This provision is intended to ensure that themedia itself is not necessarily held responsible for the accuracy of the content it conveys, onlyfor accuracy in communicating this content.
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Luxembourg informed that it recently reviewed its old act on freedom of speech and media, toadjust measures to address modern issues and come in line with the European Convention onHuman Rights.In efforts to protect cultural heritage, as called for in the Vilnius Declaration, preventivemeasures are being pursued by a number of countries in order to contribute to the preservationand protection of cultural heritage sites. Several States have joined the UNESCO World HeritageConvention and the European Convention for Protection of Archaeological Heritage andintroduced its commitments into practice. To ensure the prevention and protection of culturalheritage sites, San Marino, the Czech Republic, the United Kingdom and Slovenia have recentlyupdated their legislation on protection and conservation of cultural centres and cultural heritagesites. Recognizing the role of UNESCO, many countries ratified and follow the commitments ofits World Heritage Convention of 1972. Germany and Monaco are currently working on legalimplementation of the UNESCO World Heritage Convention into their law.Poland recently changed its act for protection of heritage and simplified the procedure of takingantiques out of the county. Poland ratified and signed the United Nations Convention on theMeans of Prohibiting and Preventing the illicit import, export and transfer of ownershipconcerning the protection of the world cultural and natural heritage.Guided by several domestic and international legal acts, the former Yugoslav Republic ofMacedonia has established a network of cultural heritage protection institutions in 2004. A newspecial body for cultural heritage protection, entitled Cultural Heritage Protection Office, wascreated within the Ministry of Culture. The Office’s centres operate on local and national levels.A National Register of Cultural Heritage keeps all central and municipal registers of immovableand movable cultural items.
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ANNEX 1OSCE countries’ participation in theProtocol to Prevent, Suppress and Punish Trafficking inPersons, Especially Women and Children,supplementing theUnited Nations Conventionagainst Transnational Organized Crime37Ratification, Acceptance(A),Approval(AA), Accession(a),Succession(d)
ParticipantAlbaniaArmeniaAustriaAzerbaijanBelarusBelgiumBosnia and HerzegovinaBulgariaCanadaCroatiaCyprusCzech RepublicDenmarkEstoniaFinlandFranceGeorgiaGermanyGreeceHungaryIcelandIrelandItalyKazakhstan
Signature
12 Dec 2000 21 Aug 200215 Nov 2001 1 Jul 200312 Dec 2000 15 Sep 200512 Dec 2000 30 Oct 200314 Dec 2000 25 Jun 200312 Dec 2000 11 Aug 200412 Dec 2000 24 Apr 200213 Dec 2000 5 Dec 200114 Dec 2000 13 May 200212 Dec 2000 24 Jan 200312 Dec 2000 6 Aug 200310 Dec 200212 Dec 2000 30 Sep 200320 Sep 2002 12 May 200412 Dec 2000 7 Sep 2006 A12 Dec 2000 29 Oct 200213 Dec 2000 5 Sep 200612 Dec 2000 14 Jun 200613 Dec 200014 Dec 2000 22 Dec 200613 Dec 200013 Dec 200012 Dec 2000 2 Aug 200631 Jul 2008 a
37
http://www.unodc.org/unodc/en/treaties/CTOC/countrylist-traffickingprotocol.html
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KyrgyzstanLiechtensteinLithuaniaLuxembourgMaltaMoldovaMonacoMontenegroNetherlandsNorwayPolandPortugalRomaniaRussian FederationSan MarinoSerbiaSlovakiaSloveniaSpainSwedenTajikistanThe former Yugoslav Republic ofMacedoniaTurkeyTurkmenistanUkraineUnited Kingdom of Great Britain andNorthern IrelandUnited States of AmericaUzbekistan
13 Dec 2000 2 Oct 200314 Mar 2001 20 Feb 200825 Apr 2002 23 Jun 200313 Dec 200014 Dec 2000 24 Sep 200314 Dec 2000 16 Sep 200513 Dec 2000 5 Jun 200123 Oct 2006 d12 Dec 2000 27 Jul 2005 A13 Dec 2000 23 Sep 20034 Oct 200126 Sep 200312 Dec 2000 10 May 200414 Dec 2000 4 Dec 200212 Dec 2000 26 May 200414 Dec 200012 Dec 2000 6 Sep 200115 Nov 2001 21 Sep 200415 Nov 2001 21 May 200413 Dec 2000 1 Mar 200212 Dec 2000 1 Jul 20048 Jul 2002 a12 Dec 2000 12 Jan 200513 Dec 2000 25 Mar 200328 Mar 2005 a15 Nov 2001 21 May 200414 Dec 2000 9 Feb 200613 Dec 2000 3 Nov 200528 Jun 2001 12 Aug 2008
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ANNEX 2Council of Europe Convention on Action against Trafficking in Human BeingsMember States of the Council of EuropeStatesSignatureRatificationEntry into forceAlbaniaAndorraArmeniaAustriaAzerbaijanBelgiumBosnia and HerzegovinaBulgariaCroatiaCyprusCzech RepublicDenmarkEstoniaFinlandFranceGeorgiaGermanyGreeceHungaryIcelandIrelandItalyLatviaLiechtensteinLithuaniaLuxembourgMaltaMoldovaMonacoMontenegroNetherlands16/5/200517/11/20052530/7/200822/4/20101/11/20081/8/201012/2/200816/5/200516/5/200516/5/20059/4/200930/1/200819/5/20061/8/20091/5/20081/2/20085/9/20063/2/201029/8/200622/5/200619/10/200517/11/200517/11/200510/10/200716/5/200513/4/20078/6/200519/5/20066/3/20081/7/20089/1/200814/3/20071/5/20081/2/200819/9/20071/2/200822/12/200517/11/200516/5/200516/5/200525/2/201017/11/200519/1/200622/11/200616/5/200516/5/200527/4/200911/1/200817/4/20075/9/200724/10/20071/8/20091/5/20081/2/20081/2/20081/2/200814/4/200812/10/20061/8/20081/2/20086/2/20071/2/2008
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NorwayPolandPortugalRomaniaRussiaSan MarinoSerbiaSlovakiaSloveniaSpainSwedenSwitzerlandThe former YugoslavRepublic of MacedoniaTurkeyUkraineUnited Kingdom
16/5/200516/5/200516/5/200516/5/200519/5/200616/5/200519/5/20063/4/20069/7/200816/5/20058/9/200817/11/200519/3/200917/11/200523/3/2007
17/1/200817/11/200827/2/200821/8/2006
1/5/20081/3/20091/6/20081/2/2008
14/4/200927/3/20073/9/20092/4/2009
1/8/20091/2/20081/1/20101/8/2009
27/5/2009
1/9/2009
17/12/2008
1/4/2009
Non-member States of the Council of EuropeStatesSignatureCanadaHoly SeeUnited States ofAmerica
Ratification
Entry into force
26