OSCE, Alm.del - 2011-12 - Bilag 32: OSCE PA's årlige session i Monaco: Rraktik og procedurer

Considering that OSCE participating States in the Helsinki Final Act of 1975 haveacknowledged that respect for human rights and the fundamental freedoms of theHuman Dimension are an essential factor for the peace, justice and well-beingnecessary to ensure the development of friendly relations among themselves,Noting that in the Madrid Concluding Document of 1983 participating States haveexpressed that the principles of the Human Dimension should be respected and putinto practice by every participating State, irrespective of their political, economic orsocial systems, as well as of their size, geographical location or level of economicdevelopment,Recalling that the OSCE region has seen change on an historic scale since 1975, butthat all OSCE principles and commitments, without exception, have beencategorically and irrevocably reaffirmed in the Astana Commemorative Declarationof 2010,Stressing that the Heads of State and Government in Astana expressly stated that thecommitments undertaken in the field of the Human Dimension are matters of directand legitimate concern to all participating States and do not belong exclusively to theinternal affairs of the State concerned,Pointing out that in 2012 human rights are still routinely violated in many OSCEparticipating States and that many of them do not observe their commitments in theHuman Dimension,Stressing that OSCE human rights standards are minimum standards,Taking the view that, notwithstanding many positive developments in many areas, inrecent years in some respects and in some participating States the commitment toOSCE principles in the Human Dimension has regressed and that overall thisDimension is not strong enough,Considering, therefore, that it is necessary to revise and strengthen OSCE tools toprovide a proper, genuine form for monitoring the participating States’ compliancewith human rights commitments and that existing tools, such as the MoscowMechanism, should be more frequently and more effectively applied,Observing that a country that holds the Chairmanship of the OSCE can expect closerscrutiny of the way it fulfils its commitments to its guiding principles and that such acountry therefore has a particular responsibility to provide a good example withregard to respecting these commitments,

Dimension with regard to the full expression of the inherent dignity and of the equaland inalienable rights of all human beings and that the Ministerial Council in 2005declared that the right to a fair trial, the right to an effective remedy, and the right notto be subjected to arbitrary arrest or detention constitute the basis of rule of law,11. Recalling the Final Report of the Supplementary Human Dimension Meeting onPrison Reform of 2002, which includes comprehensive recommendations to bringconditions in detention facilities in line with United Nations legal documents like theUN Standard Minimum Rules for the Treatment of Prisoners and the UN Conventionagainst Torture and other Cruel, Inhuman or Degrading Treatment or Punishmentand its Optional Protocol,The OSCE Parliamentary Assembly:12. Calls on all the OSCE participating States to assume full responsibility for acomplete and effective implementation of their commitments in the fields of humanrights, fundamental freedoms, democracy and the rule of law;13. Reiterates its call on the OSCE participating States for a more frequent and effectiveapplication of existing procedures in cases of clear, gross and uncorrected violationsof OSCE commitments, including, when necessary, the Moscow Mechanism and the“consensus minus one” procedure, in accordance with the provisions contained in thePrague Document on Further Development of CSCE Institutions and Structures (30and 31 January 1992);14. Calls on those participating States that hold the Chairmanship of the OSCE, now andin the future, to set the standard for exemplary observance of their commitments inthe Human Dimension and to plan for a follow-up and deepening of theircommitment to OSCE standards and mechanisms for the period after their term inoffice;15. Reaffirms the absolute necessity of a functioning, independent and transparentjudiciary in fulfilling Human Dimension commitments, as the guarantee of access tojustice and the right to a fair trial and the best way to safeguard against inappropriateinterference with due process of law;16.Recalls the Assembly's 2010 Declaration on politically-motivated notices in theINTERPOL system, and expresses concern regarding the abuse of the INTERPOLRed Notice system by participating States whose judicial systems do not meetinternational standards;17. Emphasizes that there should not be any political prisoners in the OSCE area;18. Urges participating States to ensure that the conditions in their detention centers arein conformity with United Nations standards and to allow visits of internationalprison monitoring missions;19. Calls on those participating States that have not already done so, to ratify theOptional Protocol to the UN Convention against Torture and other Cruel, Inhuman orDegrading Treatment or Punishment;2

20. Commends the work of the OSCE field missions;21. Urges the OSCE Ministerial Council to adopt full, effective and long-term, at leastthree-year, mandates for OSCE field missions that include monitoring and reportingactivities in all spheres, including the areas of human rights and the HumanDimension;22. Calls on the Permanent Council to re-open the OSCE field missions in Belarus andGeorgia, whose mandates remain relevant today;23. Repeats its request to the OSCE Permanent Council to organize special meetingswith regard to the violation of OSCE commitments in the Human Dimension, toconduct these meetings in a way that is open to the public, the media and civilsociety representatives, and to undertake in this way the continuous monitoring ofthe condition of human rights and democracy in the OSCE region.