OSCEs parlamentariske Forsamling 2010-11 (1. samling)
OSCE Alm.del Bilag 56
Offentligt
AS (11) R E
RESOLUTIONSOF THEOSCE PARLIAMENTARY ASSEMBLYADOPTED AT THETWENTIETH ANNUAL SESSION
BELGRADE, 6 to 10 JULY 2011
Table of ContentsResolution on the Selection Process for the Appointmentof the OSCE Secretary GeneralResolution on BelarusResolution on Women’s Representation at the OSCE ParliamentaryAssemblyResolution on Combating Transnational Organized CrimeResolution on Implementation of the United Nations Global Plan of Actionto Combat Trafficking in PersonsResolution on Countering Violent Extremism and Radicalization thatLead to TerrorismResolution on Mediterranean Political TransitionResolution on MoldovaResolution on National MinoritiesResolution on the Overall Approach of the OSCE to PromotingCybersecurityResolution on the Co-Ordination of Migration Policy in the OSCEResolution on Utilization of Agricultural Land as a Tool againstMalnutrition, Hunger and Uncontrolled MigrationResolution on Combating Labour Trafficking in Supply ChainsResolution on Free Movement of Information and KnowledgeResolution on Gender, Migration and Economic IndependenceResolution on Nuclear Safety and Environmental ProtectionResolution on Strengthening Efforts to Combat Racism and Xenophobiaand Foster InclusionResolution on Combating Illicit Trade in Human OrgansResolution on International Parental Child AbductionsResolution on Combating Intolerance and Discrimination againstChristians in the OSCE AreaResolution on Promoting Policies in Favour of the Roma PopulationResolution on Promoting Policies on Equality betweenWomen and Men of the Roma PopulationResolution on the Work of the Committee of the Human Dimensionof the Permanent Council of the OSCEResolution on Witness Protection Programmes – A Challenge toJustice and Reconciliation
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RESOLUTION ONTHE SELECTION PROCESS FOR THE APPOINTMENT OFTHE OSCE SECRETARY GENERAL1.Having regard to the recent selection process for the nomination of the Secretary Generalof the OSCE, which has revealed serious deficiencies,
The OSCE Parliamentary Assembly:2.Declares the need to improve transparency as well as democratic principles in theselection process for the appointment of the OSCE Secretary General, and therefore;Urges the Permanent Council to consider the reform of the present procedure.
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RESOLUTION ONBELARUS1.Keeping in mind the resolutions adopted by the OSCE Parliamentary Assembly(OSCE PA) at its Annual Sessions in 1999 (St. Petersburg), 2000 (Bucharest), 2002(Berlin) and 2003 (Rotterdam), the report and resolution of 2007 (Kyiv), and the JointDeclaration of the OSCE Working Group on Belarus and the delegation from theBelarusian National Assembly on future co-operation signed in 2004 (Edinburgh),Noting with great disappointment that all efforts to hold a fruitful dialogue and to makeprogress in the fulfilment of the OSCE commitments which were reaffirmed at theAstana Summit in December 2010 and signed by President Lukashenko have failed,Deploring that the presidential elections in December 2010 were again not free and fair,Appalled by the brutal suppression of the protest demonstrations on 19 December 2010,in the course of which more than 600 people were detained, including several presidentialcandidates and their campaign managers,Expressing its disappointment and lack of understanding of the fact that these peoplewere charged with mass disturbances and were sentenced to up to six years’imprisonment in a strict security penal colony,Appalled by the unjustified prison sentences which have already been imposed on somedemonstrators,Welcoming the fact that the OSCE/ODIHR has been granted permission to observe thetrials,Regretting that Belarus did not allow the independent expert appointed by the OSCE afterthe Moscow Mechanism was invoked to enter Belarus and take up and carry out hiswork,Expressing deep regret that a fact-finding mission by the OSCE PA Working Group onBelarus has been rejected by Belarus,Expressing deep regret that the Chair of the Working Group was refused a visa to observethe trials,Expressing regret that Belarus has closed the OSCE Office in Minsk, and calling for thisdecision to be reconsidered in order to continue the promised co-operation with theOSCE,
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Deeply dismayed that even small civil protests, for example against rises in petrol prices,are resulting in arrests,Expressing deep concern about information on cases of torture and maltreatment of theimprisoned people,
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The OSCE Parliamentary Assembly:14.Calls for clarification of the facts surrounding statements by detainees who have fledabroad that the detainees in KGB prisons have been subjected to degrading treatment andtorture, and demands an independent, international investigation of these accusations;Calls on Belarus to carefully review and implement the extensive recommendations in theOSCE Moscow Mechanism Report;Calls for the release of all persons detained in connection with the demonstration, whomust be considered political prisoners;Expects, where this does not happen, prisoners to receive unimpeded access to legalcounsel, to be permitted visits from their families and friends, and to receive medicalcare;Calls, in this context, in particular for Belarus to co-operate closely with the OSCERepresentative on Freedom of the Media to resolve problems concerning the threatenedclosure of independent media outlets and to develop a media law reflecting the spirit ofthe OSCE principles;Expects there to be no repeat of acts of repression against human rights activists, andinstead expects all institutions of the Belarusian administration to comply strictly with theprinciples, to which Belarus is also a signatory, of the OSCE and of the human rightsconventions;Expects peaceful demonstrations and assemblies not to be banned in future;Calls on the authorities to end the persecution, intimidation and repression of members ofopposition political parties via the loss of jobs and university places;Deplores the repression of non-governmental organizations and calls for a simplifiedregistration process for these civil society groups;Calls on the Belarusian authorities to conduct systematic reforms with the aim ofdemocratizing the legislation of Belarus;Expects future parliamentary elections in Belarus to be held according to democraticstandards;
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Offers an outstretched hand for a renewed dialogue with Belarus in order to supportBelarus in taking its place in a democratic and free Europe under the rule of law.
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RESOLUTION ONWOMEN’S REPRESENTATION AT THEOSCE PARLIAMENTARY ASSEMBLY1.Noting that article 1.4 of the OSCE PA Rules of Procedure states that: “Each nationalDelegation should have both genders represented”,Noting with concern that in the OSCE PA National Delegations’ Members Directorycirculated in Vienna on 21 February 21 2011, the following appears:(a) Out of the 54 national delegations (there is no available data for Uzbekistan orTurkmenistan) in 17 delegations (31.48%) men are the only incumbents,(b) 60.27% of the women are deputy members,(c) There are only 10 women who are Head of a delegation (18.5%),(d) Out of the 307 MPs only 73 (23.7%) are women,(e) 26 women MPs (almost 50%) come from 10 delegations,The OSCE Parliamentary Assembly:3.Calls on the national parliaments to improve the representation of women in theOSCE PA national delegations in order to go forward in women’s empowerment.
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RESOLUTION ONCOMBATING TRANSNATIONAL ORGANIZED CRIME1.Mindful of the commemoration of the 10th anniversary of the United Nations Conventionagainst Transnational Organized Crime at the Fall Meetings in Palermo in October 2010,Noting that there are still some countries, even within the OSCE area, which have not yetratified the Convention, nor the related protocols relating to trafficking in persons,smuggling of migrants and the illicit manufacturing and trafficking in firearms,Considering that at its annual Fall Meetings in Palermo, the OSCE Assembly supported acrucial proposition made by Kofi Annan, the Secretary-General of the United Nations atthe time the Palermo Convention was concluded, whereby the purpose to be pursuedinternationally is to harmonize domestic legislation in each country so as to guaranteegreater effectiveness in combating organized crime,Considering also that the "Palermo spirit" of ensuring the ever-increasing harmonizationof legislation regarding combating organized crime, and strenuously defendingdemocracy and human rights, at all times in compliance with the principles of the rule oflaw, must inspire the Parliaments' legislative work,Noting the need for concrete co-operation between the OSCE and the Vienna-basedUnited Nations Office on Drugs and Crime, which is committed internationally toweakening organized crime, and in particular the production and sale of drugs,Mindful that administrative transparency guarantees that government departments andagencies function properly in preventing any attempt at corruption and discrimination,
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The OSCE Parliamentary Assembly:7.Urges the Parliaments of the participating States to strengthen their legislation to combatorganized crime, consistently with the spirit and letter of the 2000 Palermo Convention,taking due account of the need to harmonise domestic legislation in order to moreeffectively defend the rule of law.
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RESOLUTION ONIMPLEMENTATION OF THE UNITED NATIONS GLOBAL PLAN OFACTION TO COMBAT TRAFFICKING IN PERSONS1.Noting with appreciation the adoption of the United Nations Global Plan of Action toCombat Trafficking in Persons by the General Assembly at its sixty-fourth session, andunderlining the importance of its full implementation,Recalling General Assembly resolutions 61/180 of 20 December 2006, 63/194 of18 December 2008 and 64/178 of 18 December 2009, all entitled “Improving theCoordination of Efforts Against Trafficking in Persons”, and other General Assemblyresolutions on trafficking in persons and other contemporary forms of slavery, inparticular resolutions 63/156 of 18 December 2008, entitled “Trafficking in Women andGirls”, and 64/137 of 18 December 2009, entitled “Intensification of Efforts to Eliminateall Forms of Violence Against Women”,Recalling also Economic and Social Council resolution 2008/33 of 25 July 2008, entitled“Strengthening Coordination of the United Nations and other Efforts in FightingTrafficking in Persons”, and the previous resolutions of the Council on trafficking inpersons, including resolution 2006/27 of 27 July 2006, entitled “StrengtheningInternational Co-operation in Preventing and Combating Trafficking in Persons andProtecting Victims of such Trafficking”,Reaffirming the important role of the United Nations Convention against TransnationalOrganized Crime and the Protocol to Prevent, Suppress and Punish Trafficking inPersons, Especially Women and Children, supplementing the Convention, andacknowledging that these are the principal legally binding global instruments to combattrafficking in persons,Expressing its strong condemnation of trafficking in persons, especially women andchildren, which constitutes an offence and a serious threat to human dignity and physicalintegrity of persons,Recognizing the need to promote, by harmonizing the efforts of OSCE participatingStates and relevant international organizations and institutions to implement the GlobalPlan of Action, the universal ratification and full implementation of the United NationsConvention against Transnational Organized Crime and the Protocol to Prevent, Suppressand Punish Trafficking in Persons, Especially Women and Children, supplementing theConvention, as well as of other relevant international instruments that address traffickingin persons, and to reinforce the implementation of existing instruments against traffickingin persons,Welcoming the launch of the United Nations Voluntary Trust Fund for Victims ofTrafficking in Persons, Especially Women and Children, which will operate as a8
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subsidiary fund of the United Nations Crime Prevention and Criminal Justice Fundmanaged by the United Nations Office on Drugs and Crime, in accordance withparagraph 4 of General Assembly resolution 64/293, and acknowledging previous andongoing contributions to other funding sources that support efforts to combat traffickingin persons,8.Acknowledging the need to strengthen the Inter-Agency Co-ordination Group againstTrafficking in Persons under the co-ordination of the United Nations Office on Drugs andCrime in order to ensure overall co-ordination and coherence in the efforts of the UnitedNations system to respond to trafficking in persons, including through theimplementation of the Global Plan of Action,
The Parliamentary Assembly of the OSCE:9.Urges OSCE participating States and invites other relevant international, regional andsubregional organizations, within their respective mandates, to contribute to the full andeffective implementation of the Global Plan of Action to Combat Trafficking in Persons,principally by means of strengthening co-operation and improving co-ordination amongthemselves in achieving that goal;Invites participating States and other interested parties to make voluntary contributions tothe United Nations Voluntary Trust Fund for Victims of Trafficking in Persons,Especially Women and Children;Urges OSCE participating States that have not yet done so to consider ratifying oracceding to, as a matter of priority, the United Nations Convention against TransnationalOrganized Crime and the Protocol to Prevent, Suppress and Punish Trafficking inPersons, Especially Women and Children, supplementing the Convention;Calls upon OSCE participating States to address the demand that fuels trafficking inpersons for all forms of exploitation with a view to eliminating such demand and, to thatend, to enhance preventive measures, including legislative measures, to deter exploitersof trafficked persons and to ensure that they are held accountable.
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RESOLUTION ONCOUNTERING VIOLENT EXTREMISM AND RADICALIZATIONTHAT LEAD TO TERRORISM1.Recalling its Berlin Declaration of 2002 on Confronting Terrorism as a Global Challengein the 21stcentury and chapter III of its Washington Declaration of 2005 and itsaccompanying resolutions on Terrorism by Suicide Bombers and on Terrorism andHuman Rights,Recalling the 2007 report of the OSCE PA’s Special Representative on Anti-Terrorism,Mr. Kammenos, on the role of the OSCE in the fight against terrorism,Noting the Ministerial Council Decision No. 2/09 on Further OSCE Efforts to AddressTransnational Threats and Challenges to Security and Stability, specifically where itcommends the OSCE’s contribution to countering violent extremism and radicalizationthat lead to terrorism,Commending the valuable work that has been undertaken in this field by the OSCE’sexecutive structures, in particular the Action against Terrorism Unit and the Office ofDemocratic Institutions and Human Rights,Realizing that in recent years the Assembly has addressed the fight against terrorismmainly in the context of the war in Afghanistan, for example in the Astana Declaration of2008 and the Oslo Declaration of 2010,Realizing furthermore that a necessary first step in any effective and comprehensivecounter-terrorism strategy is to prevent and counter the processes of radicalization thatlead individuals and groups to resort to terrorist violence in pursuit of whatever might betheir motivations and aims,Stressing that this involves, inter alia, understanding and addressing the factors conduciveto terrorism as well as strengthening the resilience of individuals, communities andsocieties in order to reduce sympathy and support for those who incite and resort toterrorist violence,Aware that a number of OSCE participating States have gained considerable experiencewith policies and measures to this effect and that they consequently have valuableinsights about the possible dos and don’ts in countering terrorism and radicalization thatlead to terrorism,
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The OSCE Parliamentary Assembly:9.Calls on the OSCE participating States and Partners for Co-operation to actively sharebest practices and lessons learned in countering violent extremism and radicalization thatlead to terrorism, including understanding and analyses of factors conducive to terrorism,Urges the OSCE participating States to engage with relevant OSCE executive structuresand to provide funding for the organization of roundtables and training courses onnational and local level approaches to countering radicalization and violent extremismthat lead to terrorism, to the benefit of counter-terrorism practitioners and othergovernment officials, as well as civil society stakeholders;Endorses the initiative to develop a consolidated mandate for OSCE counter-terrorismactivities for adoption by the OSCE participating States.
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RESOLUTION ONMEDITERRANEAN POLITICAL TRANSITION1.Inspired by the movements for freedom and change sweeping across the Middle East andNorth Africa as citizens of the countries in the region demand respect for their basichuman rights, economic opportunity, and open and responsive government,Recognizing the historic and ongoing contributions of the OSCE Mediterranean Partnersfor Co-operation to the work of the OSCE and its Parliamentary Assembly,Recognizing the efforts of the people of Tunisia and Egypt to create new representativegovernments, ensure the rule of law and build democratic institutions, and the work of thegovernments of Jordan, Morocco and Algeria to accelerate and deepen democraticreforms,Welcoming the G8’s Deauville Partnership, which provides a political process to supportdemocratic transition and foster governance reforms and an economic framework forsustainable and inclusive growth for Egypt and Tunisia and other countries in the region,Recognizing attempts by the people of Libya, Syria and other countries of the region topeacefully assemble in order to exercise their freedom of speech and seek respect fortheir basic human rights, only to be met by unconscionable violence and brutal repressionby their governments,Deeply concerned about the impact of the violence and instability in Libya, Syria andother countries of the region on the Mediterranean Partners,Recalling the proceedings and findings of the OSCE Parliamentary AssemblyMediterranean Forums in Rome (2003), Rhodes (2004), Sveti-Stefan (2005), Malta(2006), Portoroz (2007), Toronto (2008), Athens (2009), and Palermo (2010),Recognizing the importance of the full implementation of resolutions 1970 and 1973 ofthe United Nations Security Council, andUnderlining that the protection of civilians and refugees is a priority, according to theprinciples of humanitarian assistance,
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The OSCE Parliamentary Assembly:10.11.Condemns government-sponsored violence against the people of Libya and Syria;Condemns the violence exercised by Gadafi’s regime against the legitimate and peacefuldemands of the Libyan people;12
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Calls for an immediate halt to the violence exercised by the Syrian authorities against itspeople, and for access for humanitarian aid;Supports the implementation of restrictive measures against Syria in order to determineresponsibility for injuries and deaths, and asks for the liberation of all imprisoned as theonly way to initiate and reinforce a peaceful transition:Calls on the United Nations, the OSCE, the EU and other international organizations toassist the Mediterranean Partners in their efforts to assist displaced populations andaddress other needs arising from the instability in those countries involved in conflicts;Urges the Mediterranean Partners to ensure the protection of minority rights, particularlythose of religious minorities, and the establishment of a free and open press, media andinternet, as respect for minority rights and the free flow of information are essential to theconsolidation of democracy;Urges Mediterranean Partners to solicit OSCE and OSCE PA institutional expertise ingovernmental reform, election facilitation, and political pluralism to facilitate peacefulregional transition;Urges the advance of the peace process in the Middle East, and supports the interventionof President Obama in introducing important elements that could contribute to theresumption of negotiations by all stakeholders leading to a comprehensive solution, andacknowledges the State of Israel and an independent, democratic, sovereign and viablePalestinian State, living in peace and security with mutual acceptance;Encourages Mediterranean Partners to consult OSCE and OSCE PA institutionalresources on management of peaceful assembly, press freedom, and civil society capacitydevelopment;Commends the incorporation of the Partners for Co-operation into the OSCE BorderSecurity and Management National Focal Point Network and encourages their activeengagement;Commends OSCE pursuit of “Participatory Workshops on Environment and SecurityIssues in the Southern Mediterranean Region” to address water security, landdegradation, and desertification;Welcomes the establishment of the programme providing for the placement of expertsfrom the Partners for Co-operation for a period of four months in OSCE executivestructures;Strongly urges all OSCE participating States to contribute robustly to the PartnershipFund in order to support such worthwhile programmes and encourage deeper engagementwith the Partners for Co-operation;
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Urges participating States to support a civil society forum in a Mediterranean PartnerState to supplement the 2012 OSCE Mediterranean Conference;Encourages all OSCE participating States to support the positive aspects of the politicaltransitions in Tunisia and Egypt and other Mediterranean Partner countries throughefforts to increase trade, investment and economic development in those countries andthroughout the region; andCalls on the OSCE Parliamentary Assembly Secretariat and the OSCE Secretariat toengage the European Union, the North Atlantic Treaty Organization, the Union for theMediterranean and the many other Euro-Mediterranean entities in order to facilitatefocused and practical co-operation with the activities of the OSCE MediterraneanDimension.
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RESOLUTION ONMOLDOVA1.Recalling the previous resolutions on the Republic of Moldova of the OSCEParliamentary Assembly, adopted earlier during the Annual Sessions,Recognizing progress made with regard to ensuring the development of democraticinstitutions in the Republic of Moldova, including progress in meeting OSCE commitmentsnoted by the OSCE election observation mission during the last parliamentary elections inNovember 2010,Noting the political impasse in electing a Head of State and the need for much greaterpolitical dialogue among political forces in Moldova,Recognizing that the existence of an unsettled conflict in the Transnistrian region of theRepublic of Moldova constitutes a threat to security and stability in Europe and the OSCEarea,Reaffirming the OSCE commitments to finding a solution to the Transnistrian conflictthrough the 5+2 negotiation process,Noting intensified consultations among the sides in the negotiations process,
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The OSCE Parliamentary Assembly:7.Calls for the resumption of the settlement talks in the 5+2 format, with the efforts of themediators from the Russian Federation, Ukraine and the OSCE, as well as the EuropeanUnion and the United States as observers in the settlement negotiations;Considers that identification of the special legal status for the Transnistrian region in thecomposition of the Republic of Moldova, while consolidating and ensuring the sovereignty,independence and territorial integrity of the Republic of Moldova within its internationallyrecognized borders, constitutes the major aim of the Transnistrian conflict settlementprocess;Expresses its conviction that democratization throughout the Republic of Moldova wouldcontribute to the achievement of this aim;Urges the Moldovan Government and the administration of the Transnistrian region tocontinue their efforts with regard to confidence- and security-building measures;Emphasizes that intensification of the dialogue between various institutions and publicorganizations from both sides of the Nistru River, as well as the fostering of people-to-people contacts, would help to increase mutual trust and confidence;15
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Appeals to the Russian Federation to renew and finalize the process of withdrawal of itstroops and munitions from the territory of the Republic of Moldova in accordance withrelevant principles of international law and commitments undertaken in the OSCEframework;Reiterates the Assembly´s commitment to supporting the important work done by the OSCEMission to Moldova;Invites all participants in the Transnistrian conflict settlement to undertake consultationswith a view to transforming the current peacekeeping mechanism into a multinationalcivilian mission under an international (OSCE) mandate;Welcomes the willingness of the Parliament of Moldova and representatives of the SupremeSoviet to meet informally in Stockholm from 2-3 October 2011, at a meeting facilitated bythe OSCE PA Parliamentary Team on Moldova;Reiterates the readiness of the OSCE Parliamentary Assembly’s Parliamentary Team onMoldova to support peace, stability and the rule of law in the country, including through thesupport of political dialogue in the Transnistrian settlement process.
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RESOLUTION ONNATIONAL MINORITIES1.Convinced that conflict prevention is one of the major aspects of the general remit givento the OSCE,Noting that in this connection, the question of protecting national minorities against thebackground of guaranteeing State sovereignty is a crucial issue for both rights andsecurity within the OSCE area,Concerned by the situation of tension in various States, which flared up dramatically inKyrgyzstan last year,Convinced that the OSCE is concretely and effectively concerning itself with the questionof national minorities, including by the establishment of the High Commissioner onNational Minorities,Considering that in 2008 the High Commissioner on National Minorities issued the19 Bolzano Recommendations, to provide representatives of States, national minoritiesand international organizations with guidance on how to address questions concerningnational minorities that arise in the context of inter-State relations in a way that protectsand promotes the rights of persons belonging to national minorities, prevents conflict,maintains inter-ethnic harmony and strengthens good neighbourly relations,Noting that at the Bolzano Seminar organized by the Italian delegation on 20 May 2011,the participating scholars and academics considered the Bolzano Recommendations to bea useful benchmark for establishing fair policies for national minorities,Noting that the 19 Bolzano Recommendations have now joined the fundamentalrecommendations in this matter issued by the Council of Europe as a specific benchmarkmodel,
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The OSCE Parliamentary Assembly:8.Hopes that the Parliaments of the participating States, acting synergistically with thelawful representatives of minorities, will rapidly appraise the compatibility of their ownlegislation on this matter with the principles of the 2008 Bolzano Recommendations.
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RESOLUTION ONTHE OVERALL APPROACH OF THE OSCE TO PROMOTINGCYBERSECURITY1.Recognizing that information and communication technologies have enabled the creationof a globally interconnected international community, bringing major benefits as well asrisks and threats that may harm individuals, economies and national and internationalsecurity,Recognizing that threats emanating from cyberspace have increased substantially,including terrorism, illegal trafficking and organized crime, as well as the risk ofconventional conflicts between States spreading to cyberspace,Welcoming the essential role played by the Corfu Process in strengthening andmodernizing the role of the OSCE in contributing to the security and stability of itsgeographical area extending from Vancouver to Vladivostok, and in particular so that theOSCE can develop further its contribution to the battle against transnational threats,which also requires the promotion of a safer cyberspace,Reiterating the importance of the implementation of the “Astana CommemorativeDeclaration – Towards a Security Community” adopted by the Heads of State andGovernment of the participating States of the OSCE on 2 December 2010, which calls forgreater unity of purpose and actions to contend with new transnational threats, such ascyber threats which may come from inside or outside the OSCE region,Supporting the work programme of the current Lithuanian Chairmanship of the OSCE,which aims in particular to raise the profile of the OSCE in the field of cybersecurity andto define the value that the OSCE can add in this field,Expressing satisfaction with the constructive results of the OSCE conference on acomprehensive approach to cybersecurity and exploring the future OSCE role, which washeld in Vienna on 9 and 10 May 2011,Fully supporting the efforts, initiatives and instruments of other regional and internationalentities active in fields relating to cybersecurity, in particular at the United Nations and atthe Council of Europe,Confirming that the respect of human rights, basic freedoms, democracy and the rule oflaw is at the heart of the overall security approach of the OSCE, and that respect forhuman rights is an integral part of its efforts to promote cybersecurity,
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Emphasizing the importance of taking account of the different way the Internet is useddepending on the gender, age and education level of its users, exposing women, men,girls and boys in different ways to cybercrime and terrorist activities on the Internet,
The OSCE Parliamentary Assembly:10.Calls on the participating States to implement the Astana Commemorative Declaration –Towards a Security Community, particularly by increasing the efficiency of the OSCE inpromoting a safer cyberspace to contribute to the fight against transnational threats aswell as to the security and stability of the OSCE area, with a view to a decision by theministerial meeting in Vilnius on 5 and 6 December 2011;Calls on the participating States to use the exhaustive geographical forum that is theOSCE, and its overall approach to security, focused on respect for human rights and therule of law, to draw up confidence-building measures to promote cybersecurity in itsregion; including:(a)measures promoting transparency, such as national exchanges of views oninternational legal standards, and on possible political commitments concerningcodes of conduct for States in their use of information and communicationtechnologies, particularly in support of the normative work by the United Nationsand the Council of Europe, or exchanges of good practice,measures to promote stability and risk reduction, for example by establishing crisiscommunication links;
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Calls on the participating States to support the overall efforts of the United Nations topromote cybersecurity, in particular the recommendations contained in the report by theGroup of Governmental Experts on Developments in the Field of Information andCommunications in the Context of International Security (A/65/201 of 30 July 2010),considering it useful to advance the development of confidence-building measures toreduce the risk of an incorrect perception after a breakdown in information andcommunication technologies, particularly:(a) further dialogue among States to discuss norms pertaining to State use ofinformation and communication technologies, to reduce collective risk and protectcritical national and international infrastructure;(b)confidence-building, stability and risk reduction measures to address theimplications of State use of information and communication technologies,including exchanges of national views on the use of ICTs in conflict;information exchanges on national legislation and national information andcommunication technologies security strategies and technologies, policies and bestpractices.
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RESOLUTION ONTHE CO-ORDINATION OF MIGRATION POLICY IN THE OSCE1.Recalling the Assembly’s explicit support and acknowledgement of the work of theOSCE field missions as the backbone of the Organization in the Oslo Declaration of2010, the Vilnius Declaration of 2009 and the Brussels Declaration of 2006,Reaffirming its intention as expressed in the Oslo Declaration to engage in a moresystematic follow-up of the work done by the OSCE intergovernmental operationalstructures and institutions and in particular the field missions,Recalling the OSCE commitments as expressed in the Ministerial Council DecisionNo. 5/09 to an improved collection of comparable data on migration, in order to facilitatedialogue and exchange of best practice at the OSCE level and to fostering co-operationand partnership between countries of origin and destination,Recognizing that participating States still develop national migration schemes andpolicies without taking into consideration how their regulations will impact internationalmigration flows,Recognizing furthermore that the national migration scheme of one country can, oftenunintentionally, be undermined and negated by those of other countries due to a lack ofknowledge of the wider migration context, unfamiliarity with the experiences that othercountries have gained with certain migration policy instruments and the absence ofcommonly agreed upon definitions,Realizing that this lack of co-ordination in the field of migration policy sometimes alsoexists within one country if too many agencies, each from their own perspective, areinvolved in formulating and implementing migration schemes,
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The OSCE Parliamentary Assembly:7.Calls on participating States to make more effective use of the wealth of expertise withinthe OSCE in the field of migration, both at the Office of the Co-ordinator of OSCEEconomic and Environmental Activities and in the field missions;Calls on participating States to thus better co-ordinate their migration policies andmonitor their implementation by all relevant governmental and non-governmental actors,both nationally and internationally;Recommends that the OSCE Secretariat, the field missions and the participating Statesmake every effort to collect migration data and promote their international exchange andtheir common use;20
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Asks the Office of the Co-ordinator of OSCE Economic and Environmental Activities tomake a proposal for the establishment of a network of national focal points for migration,similar to those networks of focal points that already exist in the field of human traffickingand the fight against organized crime.
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RESOLUTION ONUTILIZATION OF AGRICULTURAL LAND AS A TOOLAGAINST MALNUTRITION, HUNGER ANDUNCONTROLLED MIGRATION1.Underlining the importance and topicality of implementing the resolutions of the OSCEParliamentary Assembly entitled “The Food Crisis and Security in the OSCE Area”,passed by the OSCE in 2009 in Vilnius, and “Migration as a Continuing Challenge forthe OSCE” adopted in Oslo in 2010,Giving special importance to the provisions of “The Millennium Development Goals”programme on elimination of hunger and malnutrition to solve global problems ofhumanity adopted by the UN in 2000,Stressing the importance of UN Secretary General Ban Ki-moon’s position, presented inthe foreword of the UN Report of 2010, on the importance of rendering support tonational development programme strategies by international partners, as formulated inthe Millennium Declaration for achieving the goals in the area of development,Taking into consideration the research and statements of the Food and AgricultureOrganization of the United Nations concerning price growth and shortage of the basicfood stuffs in the world market,Taking into account that there are huge unused lands of agricultural importance in thedeveloping countries, the cultivation of which might significantly increase the volumes ofproduction of basic foodstuffs in these countries and thus ease the tension in theinternational market,Also taking into consideration that cultivation of unused agricultural land will partiallysolve the issues of employment, malnutrition and hunger, which in their turn could alsofacilitate the settlement of the problem of uncontrolled migration flows,
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The OSCE Parliamentary Assembly:7.Stresses that food security problems have become one of the most important challengesof the 21st century, including in the OSCE area;Calls on the parliaments and governments to implement necessary legal and institutionalreforms to increase the use of arable agricultural lands for production of basic foodstuffs;Calls on the parliaments and governments to take measures to solve social,communication and infrastructure problems to strengthen rural areas as a primary chainin securing food production and supply;22
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Calls on the developed countries and international financial institutions to develop andimplement targeted assistance programmes by means of providing grants and preferentialloans to developing countries for the above-mentioned goals.
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RESOLUTION ONCOMBATING LABOUR TRAFFICKING IN SUPPLY CHAINS1.Recalling the principles of the OSCE Parliamentary Assembly’s St. PetersburgDeclaration (1999), Brussels Declaration (2006) and Kyiv Declaration (2007), as well asefforts by participating States to implement the OSCE Action Plan to Combat Traffickingin Human Beings (2003 and 2005), and all OSCE commitments related to combatingtrafficking,Commending the OSCE nations that have adopted legislation to prevent and prosecutehuman traffickers, as well as to protect victims, with the ultimate goal of promotinghuman security in the OSCE region,Recalling the proceedings of the 11th High Level Alliance against TraffickingConference on “Preventing Trafficking in Human Beings for Labour Exploitation:Decent Work and Social Justice”,Concerned that 12.3 million people are enslaved in forced labour, bonded labour, andforced prostitution worldwide, and that for every trafficking victim subjected to forcedprostitution, nine people are forced to work,Alarmed that women and children in forced and bonded labour are often sexuallyexploited as well,Appalled that forced labour is prevalent in the cotton, chocolate, steel, rubber, tin,tungsten, coltan, sugar, and seafood industries — potentially tainting everyday productsbought by unsuspecting consumers,Concerned that billions of dollars in products tainted by forced labour in manufacturingand raw materials procurement are imported and exported worldwide every year,according to the International Labour Organization, andEncouraged that corporations are beginning to examine their supply chains and insist onbest practices to ensure that their suppliers are not utilizing trafficking victims,
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The OSCE Parliamentary Assembly:9.10.Urges participating States to prosecute labour trafficking occurring within their borders;Urges participating States to provide protection for labour trafficking victims rescuedwithin their borders;Urges participating States to ensure that all goods procured by the government are freefrom raw materials and finished products produced by labour trafficking;24
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Urges participating States to encourage transparent corporate policy regarding labourtrafficking, to facilitate the sharing of best practice among corporations, and to insist thatcorporations use independent verification that their supply chains are free of humantrafficking.Encourages parliamentarians to work with the OSCE Special Representative andCo-ordinator for Combating Trafficking in Human Beings to foster political will for anOSCE Ministerial Decision or Ministerial Declaration on combating trafficking forlabour exploitation, including domestic servitude.
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RESOLUTION ONFREE MOVEMENT OF INFORMATION AND KNOWLEDGE1.Considering the need for free exchange of knowledge and information to fosterinternational peace and stability,Noting the principle stressing freedom of thought enshrined in the Helsinki Final Act andother OSCE documents,Emphasizing the fundamental importance of freedom of expression – including theprinciples of diversity and pluralism, both inherently and as an essential tool for thedefence of all other rights and as a core element of democracy,Aware of the enormous potential of the Internet as a tool for realizing the right tofreedom of expression and to information, and of the effort of some governments torestrict access to the Internet,Cognizant of the limits posed by high usage costs of traditional telecommunication mediaand of the fact that capital concentration of media and telecommunication ownership canrestrict the free movement of thought, knowledge and ideas, emphasized by theunreadiness of many governments to adopt and implement laws guaranteeing the right toplurality of information sources and the need for anti-trust measures regarding media andtelecommunication capital ownership,
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The OSCE Parliamentary Assembly:6.Strongly supports the need for the establishment of free movement of information andknowledge in and between OSCE countries;Stresses the need for free access to information, especially through an Internet networkeasily accessible to all population groups;Encourages public agencies to make as much information as possible availableproactively, to stress free access to it and to facilitate the sharing and interchange ofinformation;Recognizes that new technologies strengthen democracy by ensuring easy access toinformation and allowing the public actively to obtain and impart information;Welcomes the policy of lowering telecommunication prices between countries of theOSCE and invites all OSCE countries to shape a common strategy in this field;Supports media independence and calls on OSCE countries to act more decisively onguaranteeing fertile ground for the development of critical, free and pluralized media;26
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Calls upon governments to ensure and promote easy access to new technologies byeasing the liberalisation of media and telecommunication markets;Invites the OSCE to enable the Representative on Freedom of the Media and the ODIHRto be more active in the field of promoting free movement of information and knowledgeand its free access, as this is one of the pillars for guaranteeing effective participatorydemocracy and the strengthening of human rights.The activities of the Representativeshould ensure maximum impartiality and avoid double standards to the detriment ofspecific countries.
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RESOLUTION ONGENDER, MIGRATION AND ECONOMIC INDEPENDENCE1.Recognizing that equal opportunities for women and men and the full and equalenjoyment of their human rights by women are essential to peace, sustainable democracy,economic development and prosperity and, therefore, to security and stability in theOSCE region,Recognizing that at the UN Beijing Conference in 1995 women’s rights were recognizedas de facto human rights,Noting that in some OSCE participating States women still do not participate fully in theeconomic, social, cultural and political lives of their countries,Acknowledging that in many OSCE participating States, women are still the poorest andmost vulnerable members of society,Being aware that poverty is a key indicator of political and social instability, and that itaffects men and women differently,Noting that the full potential of women’s economic activities and their contribution to theeconomic prosperity of their families and countries is unrealized and underutilized acrossthe OSCE region,Acknowledging that women share responsibility for income generation and economicstability and that their income has a multiplier effect given that it is more likely to beinvested in their families and communities,Concerned that women’s economic dependence on men, especially in times of economicdifficulty and crises, increases their vulnerability and susceptibility to violence, abuse,oppression, isolation, exploitation and discrimination, domestically or socially, andpotential as victims of deliberately submissive foreign bride arrangements andillegitimate economic activities such as prostitution and human trafficking,Acknowledging that gainful economic opportunities, economic empowerment, migrationeducation and training are legitimate avenues and solutions by which women and girlscan reduce their impoverishment, achieve economic independence, improve their livingconditions and realize their full economic potential,Noting the variation in the prominence and success of women entrepreneurs acrosscountries of the OSCE region and that women entrepreneurs are more likely to facechallenges relating to discrimination regarding access to and control over such economicand financial resources as loans, credit, financing, property and inheritance rights, as wellas barriers pertaining to social norms and traditional values, the undervaluing of women’s28
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potential and abilities, inadequate business skills and education and inadequate access tomarkets,11.Acknowledging that the experiences and disadvantages of female migrants, labourers andentrepreneurs are different from those of men, due to their status, the nature of theemployment sectors in which they are typically represented, their educationalrequirements, the limited legal channels for female migrant workers, and exclusion fromthe protection of sound labour legislation,Noting that gender-based analysis has shown that female workers and migrants are morelikely to be underrepresented in senior positions of responsibility and management, bepaid lower wages, work longer hours, have less job security and face increased sexualharassment, abuse and discrimination than male counterparts,Recognizing the various types of female migrants, such as permanent and temporary,labour and family class, low skill and high skill, refugees and asylum seekers,documented and undocumented, young and old, each presenting its own opportunitiesand challenges requiring equally diverse policy responses,Concerned that the disproportionate number of migrant women employed in economiclabour sectors, such as domestic and care services, garment manufacturing, hospitality,and agriculture, remain unregulated in some countries,Affirming the economic and social benefits resulting from legal and orderly migration bywomen, including labour migration, and of actively promoting possibilities for women inthe labour market and as business entrepreneurs, both for their own benefit and for thebenefit of their families and their country’s economic potential,Noting that wider access to affordable and reliable justice on the part of vulnerablegroups such as female migrants and women economically dependent on their spouses isan important avenue for ensuring their rights are respected, particularly undercircumstances of marital dissolution, custody of children, employment discrimination andharassment, and equity of pay for equal work,
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The OSCE Parliamentary Assembly:17.Reiterates and commends past OSCE Parliamentary Assembly resolutions on gender,migration and economic opportunities, the 2004 OSCE Action Plan for the Promotion ofGender Equality, and the work of the Office of the Co-ordinator of OSCE Economic andEnvironmental Activities, the OSCE Special Representative and Co-ordinator forCombating Trafficking in Human Beings, the OSCE Gender Section and OSCE fieldmissions in promoting gender mainstreaming and regarding support for projects andseminars addressing gender equality, migration, labour, economic opportunities andskills, and data collection, entrepreneurship and economic empowerment;
29
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Stresses the need to raise awareness about the untapped potential of women in alleconomic sectors;Affirms the rights of women to increased economic autonomy, including control overtheir earnings, legal migration opportunities, safe and secure recruitment procedures,access to judicial proceedings, fair remuneration and decent working conditions,including the right to negotiate better terms of employment;Notes the principle that maternity/paternity policies and childcare programmes are keyelements in promoting equal employment opportunities and responsibility-sharingbetween women and men and enhancing the economic prosperity of women and theirfamilies;Encourages OSCE participating States to build liaisons and strong relations with non-governmental labour and business sectors to promote training opportunities, education,employment and pay equity for women in the labour market by way of variousprogrammes, policies, legislative and financial/tax incentives; encourages mentoringrelationships and co-operation at the national and regional levels among women’sorganizations relating to labour, migration and entrepreneurship, including trade unions,non-governmental organizations and business associations which focus on training andcounselling, exchanging good practices regarding women’s entrepreneurship, developingassociations and networks of women entrepreneurs, identifying priorities for economicreforms and policies that support women’s economic independence and prosperity,enhancing employment opportunities, and support and protection of female migrantworkers and entrepreneurs;Calls upon participating States to adopt legislation that creates an enabling environmentto provide equality of economic and employment opportunity for men and women;ensures equal access for women and girls to education, training and equal wages;promotes gender balance in senior positions of responsibility and management; andimproves working conditions and provides equal access to benefits including child care;Calls upon participating States to adopt policies that facilitate economic opportunities andindependence for women, including promoting the growth of female entrepreneurship,establishing non-burdensome licensing and taxation regimes, and developinggender-sensitive programmes that facilitate access to finance, education and training andthe development of local, national and regional business associations;Calls upon participating States to adopt programmes and strategies that implementwomen’s rights regarding equality of economic and employment opportunity, education,training and wages;Urges participating States to enhance their capacity for reliable collection, analysis anddissemination of sex-disaggregated data and research on migration, employment andeconomic independence according to standardized methodology, and to consider issuing
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grants or other means of supporting non-governmental organizations to collect, analyseand disseminate sex-disaggregated data and research;26.Encourages participating States to exchange best practice concerning gender, migrationand the economic independence of women in order to develop more effective policies inbusiness support, education and labour regulation, and to identify priority areas forfurther capacity-building.
31
RESOLUTION ONNUCLEAR SAFETY AND ENVIRONMENTAL PROTECTION1.Expressing profound concern about the ongoing effects on people’s lives and health ofthe disaster at the Chernobyl nuclear power plant and the accident at Fukushima Daiichinuclear power plant, which had serious national and international consequences on anunprecedented scale, posed direct threats to the environment and caused economicdisruption, affecting everything from agricultural production to trade and global servicesfar beyond the OSCE region,Noting that amid the worries of millions of people throughout the world about whethernuclear energy can ever be made sufficiently safe, nuclear power is likely to remain animportant option to ensure a diverse energy supply,Recalling the OSCE Parliamentary Assembly Vilnius Resolution on Energy Security of2009, which emphasizes the importance of the development of peaceful nuclear energy inline with provisions of international conventions and agreements on nuclear safety and inaccordance with international nuclear safety standards and safeguards,Reiterating that the environmentally and economically safe use of nuclear energy will bean integral part of the OSCE concept of comprehensive, co-operative and indivisiblesecurity to meet the energy challenges of the twenty-first century,Recalling the United Nations General Assembly Resolution on the strengthening ofinternational co-operation and co-ordination of efforts to study, mitigate and minimizethe consequences of the Chernobyl disaster, and further action to provide support tointernational, national and public programmes targeted at the sustainable development ofaffected territories, including creation of the International Chernobyl Research andInformation Network,Referring to the OSCE Ministerial Declaration on the 20th Anniversary of the Disaster atthe Chernobyl Nuclear Power Plant and the Madrid Declaration on Environment andSecurity as well as reaffirming the OSCE Parliamentary Assembly Astana Resolution onChernobyl of 2008,Determined to further develop mutually beneficial co-operation aimed at addressing theimpact on security of economic and environmental challenges in the region, includingthose provoked by nuclear accidents, as stipulated in the Astana CommemorativeDeclaration adopted at the Astana Summit, 2010,Recalling the Declaration by Heads of States, Governments and the Representatives ofthe participating States and Organizations, adopted at the Kyiv Summit on Safe andInnovative Use of Nuclear Energy, 2011,32
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Welcoming with appreciation the contributions of the OSCE participating States andPartners for Co-operation to the Chernobyl Shelter Fund and the Nuclear Safety Account,managed by the European Bank for Reconstruction and Development, to finance projectsto complete the mutual efforts of the G-8, the Government of Ukraine, and internationaldonors and partners to restore the site of the Chernobyl nuclear accident to anenvironmentally safe and stable condition,Commemorating the 25th anniversary of the disaster at the Chernobyl nuclear powerplant and paying tribute to all the victims, including all emergency and recoveryoperation workers, of the twentieth century’s pre-eminent technological catastrophe, interms both of scope and of consequences,Stressing the importance of valuable lessons learned from the Chernobyl and FukushimaDaiichi accidents that will result in further substantial improvements in nuclear operatingsafety, regulation and the overall safety culture,Restating full solidarity with the Governments of Belarus, the Russian Federation,Ukraine, Japan andother affected countries,and with all people who suffered and stillsuffer from the consequences of nuclear accidents,Reaffirming our commitment to work co-operatively in the area of nuclear safety with theaim of strengthening our collective capability to prevent and mitigate the occurrence ofsuch accidents in the future,
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The OSCE Parliamentary Assembly:14.Believes that implementation of efforts to enhance nuclear safety and security have tocontinue to be a top priority of the OSCE participating States in all activities related tonuclear energy use;Emphasizes that the most effective way forward in this field is for internationalco-operation through the innovative use of nuclear energy to become a prerequisite forsecuring a global regime of operating security and safety for all participating States withno exception;Encourages all participating States to deepen international co-operation for peaceful,secure and safe nuclear energy use that will contribute to meeting increasing globalenergy needs and development of new technologies in medicine, agriculture, and otherindustrial sectors of national economies;Strongly urges participating States to consider lessons learned and adopt appropriatemeasures to apply the highest possible safety standards;
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18.
Underlines that energy infrastructure projects should be implemented according to therequirements of the 1991 Espoo Convention on Environmental Impact Assessment in aTransboundary Context and other related international conventions, taking intoconsideration all environmental risks;Requests the Governments of the OSCE participating States to task the national nuclearenergy industry and regulators with reviewing existing power plants and verifying theirability to maintain safety even in the face of severe adverse events, with a special focuson the new issue of the connection between natural disasters and nuclear safety;Calls upon participating States to maintain the highest levels of emergency preparednessand response capability to mitigate the effects of a nuclear accident;Appeals to participating States to continue to work hard on improving the safety ofnuclear power plants and ensuring transparency about the risks of radiation;Trusts that technological developments, such as the introduction of next-generationreactors with stronger reliance on inherent safety features, will be an important driver ofenhanced safety in the coming years;Strongly believes that the respect of the International Atomic Energy Agency (IAEA)nuclear safety standards and the requirements of the 1991 Espoo Convention onEnvironmental Impact Assessment throughout each stage of the development of a nuclearprogramme, from planning, siting, building and operation to decommissioning anddismantling of nuclear facilities, and co-operation and exchange of best practice betweenthe OSCE participating States in these fields will contribute to the enhancement ofnuclear safety in the OSCE region;Calls upon all participating States to pursue the use of nuclear energy for peacefulpurposes and develop nuclear technologies under the safety safeguards of theInternational Atomic Energy Agency, as well as other non-proliferation requirements andinternational documents;Urges all OSCE participating States that have not yet acceded to the Convention onNuclear Safety to do so without delay;Notes the importance of the Treaty on the Non-Proliferation of Nuclear Weapons andother conventions on nuclear safety – the Convention on the Early Notification of aNuclear Accident, the Convention on Assistance in the Case of Nuclear Accident orRadiological Emergency, the Convention on the Physical Protection of Nuclear Materialand its Amendment, the Joint Convention on the Safety of Spent Fuel Management andthe Convention on the Safety of Radioactive Waste Management;Further urges the participating States to co-operate with the IAEA, the UN EconomicCommission for Europe Espoo Convention Secretariat and other relevant internationalorganizations to strengthen international nuclear safety and environmental standards andtheir proper implementation;34
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Stresses the importance for OSCE participating States of information-sharing andmaintaining transparency about nuclear emergencies, to the extent possible, in order tokeep the public informed as events transpire and on the evolution of events;Urges all of the OSCE participating States to co-operate closely in order to improve andstrengthen prevention, early warning, risk reduction, exchange of information and mutualassistance in cases of nuclear accidents likely to cause transboundary damage to theenvironment;Reiterates that the Chernobyl catastrophe and the accident at the Japanese FukushimaDaiichi nuclear power plant have proved the necessity of enhancing the ability of nuclearenergy facilities to counter emergency situations, and have illustrated that mitigation ofnuclear incidents requires the international community to gather scientific, technical andresource capabilities;Welcomes the efforts of the Government of Ukraine and the international donorcommunity to complete construction of the Shelter facility and related nuclear safetyprojects at Chernobyl, in accordance with international standards, so as to restore the siteto a stable and environmentally safe state, and urges all parties to ensure that a strong,long-lasting, high-level commitment remains in place to ensure the successful completionof this vital work;Calls upon multilateral and bilateral donors to continue to align their assistance with thepriorities of the national strategies of the affected States, and stresses the importance ofworking together on their implementation in a common effort in the spirit of co-operation;Acknowledges the need to build a stronger connection between nuclear safety andnuclear security as well as to provide active co-operation with the nuclear industry;Strongly reiterates that the highest standards of nuclear safety are an indispensableprerequisite for the use of nuclear energy to ensure that accidents like Chernobyl andFukushima Daiichi never happen again.
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RESOLUTION ONSTRENGTHENING EFFORTS TO COMBAT RACISM ANDXENOPHOBIA AND FOSTER INCLUSION1.Recognizing 2011 as the International Year for People of African Descent and thusremaining committed to respect for “human rights and fundamental freedoms, (…) for allwithout distinction as to race, sex, language, or religion” as enshrined in the HelsinkiFinal Act,Recalling subsequent OSCE commitments to foster equality and combat racism andxenophobia that also include a gender perspective,Expressing extreme concern over increased discrimination and violence towards bothcitizens and migrants with different racial, ethnic, linguistic and religious backgrounds inthe OSCE region, despite participating States’ efforts to address the problem,Noting that skin colour prejudice or racial bias has been central to many manifestations ofintolerance in the region, with persons who are easily identifiable due to different skincolour or other distinguishing features experiencing heightened levels of discrimination,including in law enforcement,Remaining concerned that discrimination and intolerance are among factors that provokeconflicts, undermine security and stability, and harm the full enjoyment of human rightsand fundamental freedoms in the OSCE region,Recognizing that a comprehensive strategy to address racism and xenophobia and fosterinclusion in the OSCE region is needed,
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The OSCE Parliamentary Assembly:7.Reaffirms our role as parliamentarians to publicly speak out against intolerance anddiscrimination, raise awareness of the value of diversity, and support inclusive measuresin our political parties and government such as the annual Transatlantic Minority PoliticalLeadership Conference spearheaded by members of the OSCE PA;Calls on participating States to implement OSCE commitments to combat intolerance anddiscrimination that also include a gender perspective, especially MC. Dec. 9/09 oncombating hate crimes;Requests increased support for the Office for Democratic Institutions and Human RightsTolerance and Non-discrimination Department’s Racism and Xenophobia programme,including outreach to vulnerable communities, training, educational materials, and
8.
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36
capacity building for government institutions, equality bodies, parliaments, the privatesector, and civil society;10.Requests that the Chairman-in-Office’s Personal Representatives on racism andxenophobia prepare and present to the OSCE PA a special report on racism andxenophobia that includes consultations with affected communities across the OSCEregion including in western Europe and North America;Commends the High Commissioner on National Minorities’ ongoing work onmulti-ethnic societies and integration and encourages continued co-operation with theOSCE PA;Calls on the OSCE to work with the OSCE PA and affected communities to develop anaction plan by 2013 to combat racism and xenophobia and foster inclusion across theOSCE region in concert with the OSCE Action Plan on Improving the Situation of Roma;Acknowledges the United Nations designation of 2011 as the International Year forPeople of African Descent, and the need to include African descendant communities inthese and future efforts to address racism, xenophobia, and inclusion in the OSCE regionin addition to other affected communities.
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RESOLUTION ONCOMBATING ILLICIT TRADE IN HUMAN ORGANS1.Recalling Resolution 55/25 of the United Nations General Assembly of 15 November2000 adopting the Convention of the United Nations against Transnational OrganizedCrime, the Protocol on Preventing, Suppressing and Punishing Trafficking in Persons,Especially Women and Children, supplementing the United Nations Convention againstTransnational Organized Crime,Recalling also Resolution 59/156 of the United Nations General Assembly of20 December 2004 on Preventing, Combating and Punishing Trafficking in HumanOrgans,Supporting the efforts of the ОSCE participating States to implement the Action Plan forCombating Human Trafficking (2003), as well as the principles resulting from thedocuments adopted by OSCE PA concerning combating human trafficking,Taking into account also the conclusions of the joint study of the United Nations and theCouncil of Europe from 2009 under the title ofTrafficking in Organs, Tissues and Cellsand Trafficking in Human Beings for the Purpose of the Removal of Organs,Recalling the Convention of the Council of Europe on Human Rights and Biomedicine of4 April 1997 and the Additional Protocol to the Convention on Human Rights andBiomedicine concerning transplantation of human organs and tissues of 24 January 2002,Further recalling Resolution 1782 (2011) of the Parliamentary Assembly of the Councilof Europe – Investigation of Allegations of Inhuman Treatment of People and IllicitTrafficking in Human Organs in Kosovo of 25 January 2011,Noting that human trafficking is one of the most severe crimes against humanity andtrafficking in human organs its most extreme form,Concerned by the negative economic and social implications of organized criminalactivities on people’s lives, as well as by the possible increase of this type of crime, inparticular the illicit trade in human organs,Especially concerned by abduction and human trafficking for the purpose of the removalof organs, in particular under the conditions of armed conflicts,Also especially concerned about the fate of missing persons from the conflicts thatoccurred in the former Yugoslavia, including Kosovo, in the 1990s,
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The OSCE Parliamentary Assembly:11.12.Condemns any activity aimed at illicit trade in human organs;Condemns most strongly the activities of organized criminal groups who by undertakingthese activities adversely affect people’s lives, their integrity and fundamental humanrights, especially in cases where abductions are ethnically, religiously, racially andpolitically motivated;Invites the OSCE participating States to combat determinedly organized criminal groupsdealing with illicit trade in human organs and human trafficking for the purpose of theremoval of organs;Recommends for this purpose the establishment of closer co-operation, includingexchange of information, and more efficient actions by the institutions of the OSCEparticipating States in combating illicit trade in human organs;Recommendsthat a comprehensive investigation be undertaken of abductions and crimesconnected with the removal and sale of human organs allegedly committed in Kosovo duringthe armed conflicts in the territory of the Federal Republic of Yugoslavia in 1999 andimmediately afterwards, and invites full co-operation with UNMIK and EULEX, as well asthe relevant national institutions, and in particular the provision of all information, facts anddocuments on crimes concerning abductions and trade in human organs in the territory ofKosovo;Supports the activities of the OSCE Special Representative and Co-ordinator forCombating Trafficking in Human Beings and proposes that OSCE investigate and recordthe cases of illicit trade in human organs in the area of OSCE with the aim of preparing astudy indicating the scope of this phenomenon.
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RESOLUTION ONINTERNATIONAL PARENTAL CHILD ABDUCTIONS1.Alarmed at the significant increase in the number of reported international parental childabduction cases over the past several years,Desiring to protect children internationally from the harmful effects of their wrongfulremoval or retention and to ensure their prompt return to the State of their habitualresidence, as well as to secure protection for rights of access,Endeavouring to support custody determinations by courts located in the habitualresidence of the child,Concerned that internationally abducted children are at risk of serious emotional andpsychological problems and therefore that child abductions amount to a form of childabuse, and that left behind parents encounter substantial emotional and financialdifficulties,Concerned that abducting parents often abuse the legal system in the country to whichthey have fled and that abducting parents often manipulate and stall proceedings in orderto impede return of the child, andPersuaded that proper implementation of the Hague Convention of 25 October 1980 onthe Civil Aspects of International Child Abduction will minimize the need for criminallaw enforcement responses to international parental child abductions,
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The OSCE Parliamentary Assembly:7.Urges those participating States, as well as OSCE Partners for Co-operation, who are notparties to the Hague Convention of 25 October 1980 on the Civil Aspects of InternationalChild Abduction to ratify or accede to it, and seek to immediately resolve current casespredating ratification or accession to the Convention;Urges those States which are party to the Hague Convention of 25 October 1980 on theCivil Aspects of International Child Abduction to fully implement their obligations underit, including by ensuring that their domestic legislation is in accordance with it, thateffective legal and institutional mechanisms for its implementation are in place, and thatlaw enforcement and judicial officials are trained on its provisions and implementationprocedures; andUrges the OSCE to take up the issue of international parental child abductions, includingby considering a Ministerial Council decision on the issue to be adopted in Vilnius.
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RESOLUTION ONCOMBATING INTOLERANCE AND DISCRIMINATION AGAINSTCHRISTIANS IN THE OSCE AREA1.Recognizing that respect for human rights and fundamental freedoms, democracy and therule of law is at the core of the OSCE comprehensive concept of security,Reaffirming that acts of intolerance and discrimination pose a threat to democracy and,therefore, to overall security in the OSCE region and beyond,Recalling that participating States have committed themselves to ensuring human rightsand fundamental freedoms to everyone within their territory and subject to theirjurisdiction and will therefore provide to all persons equal and effective protection of law,Reaffirming the inviolable right of the individual to profess his or her faith alone or incommunity, in private and in public life and to live freely according to the dictate of hisor her conscience,Acknowledging the positive contribution of Christians to social cohesion, culturalenrichment and value-orientated debate in our societies,Welcoming the work done in this field by the Office for Democratic Institutions andHuman Rights,Welcoming the efforts of the Personal Representative of the Chairman-in-Office onCombating Racism, Xenophobia and Discrimination, also focusing on Intolerance andDiscrimination against Christians and Members of other Religions, in raising awarenessof this urgent challenge,Condemning the problem in its different forms, both in the eastern and western countriesof the OSCE,
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The Parliamentary Assembly of OSCE:9.Decides to follow up the work started in 2009 at the Expert Roundtable on Intoleranceand Discrimination against Christians held in Vienna on 4 March 2009;Decides to intensify efforts to monitor, research and publicize the need to fight againstintolerance and discrimination throughout the OSCE area, which includes efforts in thefields of,inter alia,education, media, legislation, law enforcement, and hate crime; andto work closely with representatives of Christian churches;Decides to intensify consultation and co-operation with the Personal Representative ofthe Chairman-in-Office on a national and international level;41
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Recommends that a public debate on intolerance and discrimination against Christians beinitiated and that the right of Christians to participate fully in public life be ensured;Recommends, in view of discrimination and intolerance against Christians, thatlegislation in the participating States, including labour law, equality law, laws on freedomof expression and assembly, and laws related to religious communities and right ofconscientious objection be assessed;Urges the Government of Turkey to allow the reopening of the Ecumenical Patriarchate’sTheological School of Halki, without condition or further delay, in keeping with thecommitment from the 1989 Vienna Concluding Document affirming the right of religiouscommunities to provide “training of religious personnel in appropriate institutions”;Encourages the media not to spread prejudices against Christians and to combat negativestereotyping;Encourages Christian churches to continue their participation in public life contributingto the defence of the dignity of all human beings and to freedom and social cohesion.
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RESOLUTION ONPROMOTING POLICIES IN FAVOUR OF THE ROMA POPULATION1.Having regard to the Charter of Fundamental Rights of the European Union and inparticular its Articles 1, 8, 19, 20, 21, 24, 25, 35 and 45,Having regard to the international legislation on human rights covering all forms of racialdiscrimination and the 1992 United Nations Declaration on the Rights of PersonsBelonging to National or Ethnic, Religious and Linguistic Minorities,Having regard to Article 19 of the Treaty on the Functioning of the European Union,which empowers the Council to adopt adequate measures to counter discrimination onracial or ethnic grounds,Having regard to the European Parliament resolution of 31 January 2008 on a Europeanstrategy on the Roma,Having regard to the European Parliament resolution of 10 July 2008 on the census of theRoma,Having regard to the European Parliament resolution of 11 March 2009 on the socialsituation of the Roma,Having regard to the European Parliament resolution of 9 September 2010 on thesituation of Roma and on freedom of movement in the European Union,Having regard to the conclusions of the Employment, Social Policy, Health andConsumer Affairs Council on the inclusion of the Roma, adopted in Luxembourg on8 June 2009,Having regard to the Commission Working Document on inclusion of the Roma: “Romain Europe: The Implementation of European Union Instruments and Policies for RomaInclusion (Progress Report 2008-2010)”,Having regard to the reports on the Roma, racism and xenophobia in the European UnionMember States in 2009, published by the Fundamental Rights Agency of the EuropeanUnion, and the reports of the Commissioner for Human Rights of the Council of Europe,Thomas Hammarberg,Having regard to the recommendations, opinions and declarations of the Council ofEurope on the Roma population (Strasbourg, 20 October 2010),Having regard to the OSCE Action Plan for the Development of the Roma Population(December 2003),43
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12.
13.
Having regard to the first European Roma Summit, held in Brussels on 16 September2008, and to the second Summit, held in Córdoba on 8 April 2010,Having regard to the joint statement of the Trio (Spain, Belgium, Hungary) at the Summitheld in Córdoba in April 2010, pledging a firm stance against stigmatization and a questfor improved co-ordination and collaboration with the Commission and the Parliament,together with participation in other political processes, such as the Decade of RomaInclusion 2005-2015 and the OSCE Action Plan, in the framework of therecommendations of the Council of Europe and the United Nations,(a)Considering that a high proportion of the 10 to 12 million Roma living in Europehave suffered systematic discrimination and face an intolerable degree of social,cultural and economic exclusion, besides experiencing violations of their humanrights and suffering serious stigmatization and discrimination in public and privatelife,Considering that since the first Summit (Brussels, September 2008) there havebeen substantial changes:i.An integration platform has been established for Roma inclusion for thepurpose of exchanging good practices, promoting analytical support andstimulating cooperation: “Integrated Platform on Roma Inclusion”,established in 2009 by decision of the European Council,Within its framework 10 common basic principles were defined andemphasis was laid on the non-exclusive approach and on themainstreaming approach,Article 7 of the Structural Funds Regulation has been modified to fosterintegral action for improved housing conditions and for the elimination ofsegregation, in both rural and urban areas,There is more familiarity with the Roma issue,
14.
(b)
ii.
iii.
iv.(c)
Considering, however, that the living conditions of the Roma are not improvingbut in many cases deteriorating:i.Not only have the Roma not progressed on a par with the economicdevelopment of countries but in many cases their circumstances are worseand the effects of the economic crisis may exacerbate the situation evenfurther,The Roma population continues to be the most rejected in the majority ofEuropean countries and the prejudices and stereotypes regarding it are onthe increase,44
ii.
iii.
In some cases attacks on the physical integrity of individuals andviolations of their fundamental rights are continuing,There is insufficient cooperation between the various institutions andinternational processes (European Union, Decade, OSCE, Council ofEurope, etc.),Horizontal cooperation between countries, except in specific cases andsuch initiatives as EU-Roma, has not progressed,The Roma are beginning to benefit under the Structural Funds but there isno evidence of any significant impact,Spaces for Roma participation at European level have not been developed,
iv.
v.
vi.
vii.
The OSCE Parliamentary Assembly:15.Takes into account that the Roma should be an essential part of the participating States’key policies:(a)(b)(c)16.The 2020 Strategy and its key measures;The Roma perspective must be central to key policies (mainstreaming);The need for a strategy and a specific policy;
Requests the Commission and the EU Member States to use all instruments to guaranteeall the rights of the Roma population;Emphasizes the need to make full use of the potential of financial instruments and inparticular the Structural Funds:(a)(b)(c)(d)(e)(f)Empowerment of entities to access and manage the funds;More transparency, information and data (broken down by ethnic group andgender);More integrated measures;Long-term measures;Making access to the funds conditional on desegregating policies;Future Structural Funds regulations should reflect the needs of the Roma;
17.
18.
Requires the introduction of new approaches and working methods, bearing in mind that:(a)(b)(c)More data and greater transparency are required;Results and impacts must be quantified;Desegregation is a key issue;
45
(d)
(e)19.
Three working perspectives are needed: that of guaranteed human rights and equaltreatment; that of social and economic promotion and integration; and that of fullcitizenship;The perspective of the costs of exclusion should be taken into account;
Requires that the existing instruments be more effective, and participating States be askedfor co-ordination, promotion and co-operation;Urges that policies be more specific:(a)(b)The Commission must play an active promotion, support and co-ordination role;Local involvement is essential;
20.
21.
Requires that education be given priority in breaking the inter-generational exclusiongap:(a)(b)Desegregation at school is essential;Special attention must go to the transition between primary and secondaryeducation;
22.
Asks that the Roma have more prominence:(a)(b)(c)(d)More spaces for participation are needed;More public and political presence is required of the Roma;Better self-organization;Priority should be given to women, children and young people;
23.
Calls for this resolution to be conveyed to the OSCE participating States.
46
RESOLUTION ONPROMOTING POLICIES ON EQUALITY BETWEEN WOMEN AND MENOF THE ROMA POPULATION1.Considering that:(a)Gender equality is a fundamental right and a fundamental principle of theEuropean Union and therefore one of its indispensable objectives.Gender equality is essential to achieving the objectives set in terms of economicand social cohesion, high levels of employment and social protection, andsustainable growth.The European Union cannot afford to ignore the human capital, capacity and talentoffered by women.Discrimination on the ground of sex destroys the lives of individuals, isdetrimental to the economy and society as a whole, and undermines support forand confidence in the fundamental European value of gender equality and the ruleof law.Equality of opportunities for women and men and the protection of their humanrights are essential to peace, sustainable democracy and economic development,and hence to security and stability in the OSCE area,
(b)
(c)
(d)
(e)
2.3.
Recalling the OSCE Action Plan for the Promotion of Gender Equality,Recalling the Beijing Platform of Action and resolution 1325 (2000) of the UnitedNations Security Council, both of which call for the equal participation and fullinvolvement of women,Having regard to the European Parliament resolution of 1 June 2006 on the situation ofRoma women in the European Union,Considering that women from ethnic minorities and especially Roma women face muchmore serious multiple discrimination than men from the same ethnic group or womenfrom the majority, that the employment rate of Roma women is lower than that of Romamen, and that, given their role in the family, women can be the cornerstones of theintegration of marginalized women,Considering that the Roma woman, in her role as a transmitter of values, has helped tokeep culture alive and to maintain traditions and values, thereby safeguarding theheritage,47
4.
5.
6.
7.
Emphasizing that for the past two decades Roma women have been claiming a space oftheir own for Roma values that does not imply any loss, without forgetting that they havebeen declaring that the genuine promotion of the Roma people requires the committedparticipation of Roma women, without any forfeiting of cultural identity,
The OSCE Parliamentary Assembly:8.Encourages the participating States to offer equality of educational opportunity to thesons and daughters of the Roma.Asks the participating States to favour the continuity of Roma women in their schoolcareers.Further requests the participating States to promote assistance for retaining Roma womenat university and to foster university access for those over 25 years old.Encourages the sponsoring of positive action measures permitting the incorporation andpromotion of Roma women in the labour market.Asks the participating States to promote positive action measures in order to afford Romawomen their opportunity in the various public and private institutions.Asks the participating States to promote policies aimed at reconciling family and workinglife and to advance knowledge of suitable family planning that favours and balancesmotherhood and personal and social development.Asks the participating States to establish a permanent Observatory to defend the publicimage of Roma women.Asks the participating States to promote equal opportunities for Roma women in politics,at university, in trade unions, in associations and in every other ambit of society.Further asks the participating States to involve Roma women in drawing up equalityplans for contemplation of the proposals as an ethnic minority, and to support thedemands and initiatives of the various Roma women’s associations.Asks the participating States to establish opportunities for raising the awareness of Romawomen with respect to education for health through prevention, supporting activities thatcontribute to improving the health of women.Asks the member countries to support the demand of Roma women for participation inthe work of the various national and international bodies addressing the situation ofRoma women.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
48
19.
Invites the OSCE participating States and the OSCE institutions to report on progressmade in meeting the commitments set out in this resolution.
49
RESOLUTION ONTHE WORK OF THE COMMITTEE ON THE HUMAN DIMENSION OFTHE PERMANENT COUNCIL OF THE OSCE1.Recalling the reaffirmation through the adoption of the Astana CommemorativeDeclaration by the OSCE participating States of their full adherence to the norms,principles and commitments of the OSCE,Underlining the indispensable requirement for a global and co-operative approach by theOSCE in security matters,Aware of the need to strengthen mutual trust between participating States, including inrelation to the human dimension,
2.
3.
The Parliamentary Assembly of the OSCE:4.Takes note with appreciation of the progress of work in the Committee on the HumanDimension in the Permanent Council of the OSCE;Welcomes the objective of the Lithuanian Chairmanship of the OSCE to try to obtainspecific results by the end of 2011;Notes with satisfaction the decision of the Swiss chairmanship of the Committee toreorient the Committee on the Human Dimension towards its initial task as defined in theMinisterial Decision 17/06, offering participating States a platform of dialogue fordiscussion on subjects relating to the human dimension in a less formal setting andensuring that its work takes place in a positive and constructive climate of dialogue;Takes note with appreciation of the establishment by the chairmanship of the Committeeof the work plan on the basis of the Astana Commemorative Declaration and the intensiveconsultations with the participating States;Notes with satisfaction the Committee's practice of hearing the views of experts onhuman dimension topics and of the representatives of OSCE missions on the groundduring its meetings;Welcomes the inclusion on the Committee agenda of an item enabling participating Statesto report on the efforts that they have made to implement the undertakings given withinthe OSCE and the recommendations of the executive structures of the OSCE;Encourages the Permanent Council to further intensify its dialogue with the Committeeon the Human Dimension in order to move towards full and complete implementation ofthe norms, principles and undertakings of the OSCE;50
5.
6.
7.
8.
9.
10.
11.
Urges the Committee on the Human Dimension to intensify and institutionalizeco-operation with the OSCE Parliamentary Assembly General Committee on Democracy,Human Rights and Humanitarian Questions.
51
RESOLUTION ONWITNESS PROTECTION PROGRAMMES – A CHALLENGE TOJUSTICE AND RECONCILIATION1.Considering the United Nations Convention Against Transnational Organized Crime (UNGeneral Assembly resolution No. 55/25, appendix I), which came into effect on29 September 2003, and the protocols relating thereto (resolution 55/255, appendix;resolution 55/25, appendix III; resolution 55/25, appendix II) as well as the UnitedNations Convention against Corruption (UN General Assembly resolution No. 58/4,appendix I), effective as of 29 September 2003, which call on all Member States to takeappropriate steps to prevent intimidation, constraint, corruption or physical aggressionagainst witnesses and to strengthen international co-operation in this domain,Considering the provisions concerning the protection of witnesses in the Statute of Romeof the International Criminal Court,Considering the provisions concerning the protection of witnesses contained in the Rulesof Procedure and Evidence of the International Criminal Court for the former Yugoslavia,Considering recommendation 1952 (2011) of the Parliamentary Assembly of the Councilof Europe concerning “Protection of Witnesses: The Cornerstone of Justice and ofReconciliation in the Balkans” dated 26 January 2011,Considering the involvement and the commitment of the OSCE countries in favour of thestruggle against organized transnational crime,Considering the decisive role played by witnesses in the work of the justice system fordiscovery of the truth and the struggle against impunity, by means of the help with whichthey can supply the police and the courts, particularly in matters bearing on war crimesand the struggle against organized crime, as well as the vital necessity resulting therefromto protect them against the intimidation, threats and violence to which they might besubjected to dissuade them from testifying or to punish them for their testimony, oftenconsidered as betrayal or “treason”, and in order to provide them with help and assistanceso that they can give evidence in the best possible conditions,In the light of the specific difficulties encountered by witnesses known as “insiders”, inother words, coming from criminal groups or serving with the armed forces or the police,Considering the fact that in certain cases, systematic disclosure of the identity ofwitnesses in defence of the accused may run counter to the interest of justice, particularlyif such disclosure exposes the witnesses and those around them to risks,
2.
3.
4.
5.
6.
7.
8.
52
9.
Considering the fact, finally, that in the absence of appropriate protection and assistanceto enable a witness to testify, neither the work of justice nor the process of reconciliationof the populations affected by war crimes can be expected to be lasting,
The OSCE Parliamentary Assembly:10.Calls for the judicial authorities and the prosecutors of the OSCE participating States tocarry out effective investigations of the allegations of threats, harassment or aggressionagainst witnesses or those close to them, and to quickly sanction the authors thereof;Calls on the OSCE participating States to include, in national legislation, programmes forthe protection of witnesses before, during and after trials, or to upgrade the existingprogrammes;Calls on the OSCE participating States to implement measures aimed at guaranteeing thatjudges, prosecutors, policemen and other officials in contact with persons called on totestify receive complete training in witness protection;Calls on the OSCE participating states to implement, in national legislation, or tostrengthen measures for assistance for witnesses before, during and after trial, in parallelto the means deployed for their physical protection, so as to guarantee successfulprosecution of the authors of offences and to avoid secondary victimization of witnesses,by offering them logistical aid in particular, including to meet the need for finding newhousing, legal counsel, medical care and appropriate psychological and social assistanceas well as financial aid;Calls on the competent national authorities to apply special measures if circumstances sorequire, particularly by restricting the disclosure of information concerning witnesses,removal of the identifying information concerning a witness from public documents, useof pseudonyms, closed door testimony and partially or completely anonymous testimony,with due observance of the case law of the European Court for Human Rights, as wellas – if need be – a change of identity and resettlement of a witness in another place,including abroad;Calls on the competent national authorities to extend, if need be, possible measures forprotection and assistance from which a witness might benefit to include some or all ofthose around them;Calls on the competent national authorities to use all possible technical means to upgradewitness protection, such as videoconferencing and image or voice distortion, to avoiddisclosing a witness’s identity to the defendant and to the public, in matters relating towar crimes, but also in those concerning organized crime, in accordance with theprovisions of the United Nations Convention Against Organized Transnational Crime;
11.
12.
13.
14.
15.
16.
53
17.
Calls on the competent national authorities to adjust the configuration of the higher andlower courts in such a way that protected witnesses can use a separate entrance and canavoid finding themselves in the defendant’s presence;Calls on the OSCE participating States to create autonomous entities, separate frompolice forces and investigatory bodies, reporting to the Ministry of Justice, to supervizethe programmes for witness protection and assistance as well as recruitment of the staffneeded to guarantee proper operation thereof, and to assign the appropriate financialresources thereto;Calls on the OSCE participating States to conclude agreements with the other States andwith the international courts with a view to organizing and facilitating handling andreinstallation on their territory of witnesses protected in another State or by such a court;Calls on the participating States to implement appropriate, stable and lasting financing forthe programmes for witness protection and assistance;Calls on the participating States to promulgate laws authorizing financing of suchprogrammes from the proceeds of property seized or confiscated because of its criminalorigin, so as to make appropriate training for staff possible and to pay part of the ordinaryexpenditure connected with witness resettlement;Calls on the competent national authorities to establish, within the framework of witnessassistance programmes, partnerships with the non-governmental organizations havingrecognized experience vis-à-vis vulnerable populations called on to testify, particularlyyoung people and children;Calls on the OSCE and the other international organizations to strengthen theirco-operation in order to optimize the financing, expertise and training programmes forwitness protection and assistance in all vulnerable regions;Calls on the international courts to install residual mechanisms to guarantee thecontinuation and management of the witness protection and assistance programmesbenefiting therefrom after such courts have ceased to operate.
18.
19.
20.
21.
22.
23.
24.
54