OSCEs Parlamentariske Forsamling 2012-13
OSCE Alm.del Bilag 27
Offentligt
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AS (13) RP 3 E
Original: English
REPORT
FOR THE GENERAL COMMITTEE ON
DEMOCRACY, HUMAN RIGHTS AND HUMANITARIAN
QUESTIONS
Helsinki +40
RAPPORTEUR
Ms. Ann Phelan
Ireland
ISTANBUL, 29 JUNE - 3 JULY 2013
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REPORT FOR THE GENERAL COMMITTEE ON
DEMOCRACY, HUMAN RIGHTS AND HUMANITARIAN QUESTIONS
Rapporteur: Ms. Ann Phelan (Ireland)
Introduction
In December 2012, the OSCE Ministerial Council adopted the Decision No. 3/12, launching the
Helsinki +40 process as an inclusive effort by all participating States to provide strong and
continuous political impetus to advancing work towards a security community, and further
strengthening our co-operation in the OSCE on the way towards 2015. This initiative, supported by
the Chairmanships of Ukraine, Switzerland and Serbia, has been welcomed by the 57 participating
States.
At the core of the Helsinki Final Act, the participating States agreed to “respect human rights and
fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all
without distinction as to race, sex, language or religion.”
1
They recognized “the universal
significance of human rights and fundamental freedoms, respect for which is an essential factor for
the peace, justice and well-being necessary to ensure the development of friendly relations and co-
operation among themselves as among all States.”
2
As part of the Helsinki +40 process, the spirit of this Agreement should be renewed and the
progress since 1975 should be measured in the Third Dimension. We should bear in mind the Irish
Chairperson-in-Office’s closing statement at the 2012 Ministerial Council: “Of even greater
concern, is the sad reality that respect for basic human rights and fundamental freedoms is currently
under great threat in many parts of the OSCE region.”
3
Not only are the basic rights and freedoms not always respected but new challenges have emerged
in the past 40 years. Questions can be raised on whether new laws are improving the human rights
situation for people across the OSCE area regarding human trafficking, freedom of the media and
Internet, freedom of belief, anti-terrorism laws, the right to peaceful protest, among many others.
During this period of economic crisis, workers are facing increased job insecurity and noting that
austerity measures may further endanger their rights. Participating States all have their strengths
and weaknesses but with increasing interdependence, violations in one country can now have an
impact on the wider OSCE area.
The 1999 OSCE Charter for European Security, which states that respect for and observance of
human rights and fundamental freedoms is at the core of the OSCE’s comprehensive concept of
security, as well as the 1990 Charter of Paris and the Copenhagen Document that affirm the
importance of the Human Dimension in the OSCE’s comprehensive security concept. Therefore,
1
2
Helsinki Final Act, 1975
Ibid.
3
OSCE, MC.DEL/54/12 Closing Statement by Chairperson-in-Office of the OSCE, Eamon Gilmore, TD, Minister
for Foreign Affairs and Trade of Ireland, 19
th
OSCE Ministerial Council, Dublin, 7 December 2012
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Human Dimension reform is not only needed to ensure the respect of the commitments but also to
reinforce the role of the OSCE as an institution able to deal with those issues. The recent failure at
the OSCE Ministerial to reach an agreement in the Human Dimension demonstrated the fragility of
our decision-making process and underscored the role that Parliamentarians play in supporting the
transition to transparent and effective institutions and follow-up systems. The Moscow Mechanism,
as recalled in many OSCE PA Declarations, should be more frequently and more effectively
applied. This mechanism prevents the blockage by one participating State to adopt better standards
on human right and lead to a regression of the global situation and encourage setting higher
obligations. The Helsinki +40 process creates an opportunity to facilitate discussion of the threats of
the OSCE itself for the improvement of the respect of human rights and fundamental freedoms in
the OSCE region. Without future agreement on the Third Dimension, it is unlikely that the Helsinki
+40 process will be seen as successful.
Human Trafficking for All Forms of Exploitation, including Sexual Exploitation
Trafficking in human beings has been identified as a pressing concern by the OSCE since 1991,
when the participating States included a commitment to combat trafficking in the Moscow
Document. In 2007 the Spanish Chairmanship extended the concept of security to include
sustainable human development, as enshrined in the Madrid Declaration, achieving a consensus on
human trafficking.
The OSCE Parliamentary Assembly has regularly debated this burning human rights issue. Last
July in Monaco, the Parliamentary Assembly voted on the resolution on gender and minorities in
the OSCE region which reminds that in our countries, minority women and men are more
vulnerable to trafficking for sexual exploitation. Since the nineties, human trafficking has been
recognized as a serious transnational threat and human rights violation affecting women, men and
children exploited throughout the world in multiple sectors of the economy, in begging, in forced
criminality, and also trafficked for organ removal.
At the Annual Session in Oslo, the OSCE PA voted to step up the struggle against human
trafficking for purposes of sexual exploitation in the OSCE countries. At the 2009 Vilnius Annual
Session, the OSCE PA adopted a resolution on strengthening efforts to combat all forms of
trafficking in human beings and addressing the special needs of child victims. Much work remains
to be done to tackle all forms of trafficking. We need to further promote law enforcement for better
prosecution, strengthen measures for the prevention, the protection and the integration of victims,
and increase international co-operation in this area. Indeed, the former President of this Assembly
identified the fight against trafficking as an area of concrete co-operation with the United Nations
when he met with UNODC Executive Director Yury Fedotov in December.
The Ministerial Council adopted strong Declarations on this issue such as the Ministerial
Declaration on combating all forms of Human Trafficking on 7 December 2011 that “declare[s] that
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human trafficking is a grave and heinous crime that violates human dignity and undermines human
rights and fundamental freedoms and that feeds organized criminal networks.”
4
The OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings,
Maria Grazia Giammarinaro, should be commended for her tireless efforts in the implementation of
her mandate, as well as strengthening the Alliance against Trafficking in Persons as a platform for
co-operation among major international organizations and NGOs. Ms. Giammarinaro further
underpinned the role of national Parliaments in addressing this horrendous crime and gross human
rights violation in her 2012 Annual Report. She met with the several delegations to the OSCE PA to
discuss ways to step up our joint efforts in the fight against modern-day slavery and exploitation.
The Alliance against Trafficking in Persons should be strengthened as a platform for co-operation
among major international organizations and NGOs.
A lack of education on the issue is a contributing factor to increased vulnerability. National
Parliaments in the OSCE should adopt strong policies to insure that the level of education in this
field is sufficient to fight trafficking directly at the source. Lack of education does not just manifest
in one generation but is inherent in several generations. As can be seen in some OSCE states, lack
of education within many families is multi-generational.
The OSCE Field Operations are actively working on this issue. Projects are launched with
Governments, Parliamentarians and civil society, trainings and workshops are regularly organized,
and officials are supported to participate to OSCE events related to trafficking of human beings.
Their work is vital and complements well the actions of governments and parliaments.
In Moldova, the OSCE Mission is active on the issue, with activities ranging from counsel,
assistance, co-ordination to advocacy. In July, the General Prosecutor’s Office released statistics
that showed that nearly half of trafficked women, coming from socially vulnerable families and
poorly educated, later become offenders who recruit other victims. Child suicide rate has increased
in 2012 compared to 2011. Therefore, the Mission recommended that the OSCE executive
structures foster regional co-operation, especially between law enforcement agencies and the
judiciary of countries of origin, transit and destination. It hosted several events and one of them can
be taken as a good practice. The Summer School of Leadership for Young Rural Women of Both
Banks of the Dniester/Nistru trained 50 young women. They learned how to detect and prevent
risks of domestic violence and trafficking. The OSCE Special Representative and Co-ordinator for
Combating Trafficking in Human Beings is also implementing a project aimed at preventing human
trafficking in children without parental care in the Republic of Moldova. The goal of this project is
to prevent trafficking in human beings and irregular migration from Moldova, by supporting
sustainable social and professional integration of children without parental care
The OSCE Academy in Bishkek and the Office in Baku have organized meetings and helped NGOs
in providing assistance to victims of trafficking. ODIHR maintains its efforts to combat trafficking
4
OSCE, MC.DOC/1/11/Corr.1, “Ministerial Declaration on combating all forms of Human Trafficking”, 7
December 2011.
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and is working to establish an OSCE-wide network of legal practitioners to improve access to
justice and effective remedies, including compensation, for trafficked persons.
In October, the OSCE Special Representative and Co-ordinator for Combating Trafficking in
Human Beings hosted prominent event - the Alliance against Trafficking in Persons. The Alliance
Conference was also attended by Partners for Co-operation.
The Fifth Annual Inter-Regional workshop on “Sharing Practices in Adjudication of Human
Trafficking and Migrant Smuggling Cases among Source, Transit and Destination Countries”, has
been organized jointly by the UNODC, OSCE, and IOM in Ashgabat, Turkmenistan. The OSCE
Field operations facilitated the participation of many experts.
The Chairmanship has demonstrated its leadership in this area by having recognized the fight
against Trafficking in Human Beings as a key issue for the Organization. At the national level, in
September 2011, Ukraine adopted the law “On Combatting Trafficking in Human Beings”, which
was supported by a regulation on the Procedure for the Provision of the Status of Victim of
Trafficking in Human Beings last May, followed by two more governmental regulations on
National Referral Mechanism and financial aid to human trafficking survivors in June and August.
The authorities should continue in this direction.
According to a study from UNODC,
5
there are many factors affecting vulnerability in the countries
of origin including age, gender and poverty. Children are vulnerable to the demands and
expectations of those in authority, including their parents, extended family and teachers. In a study
on physical and mental health consequences of human trafficking in Europe, it was found that 60
per cent of victims had experienced physical or sexual violence before they were trafficked. Women
are vulnerable because they are often excluded from employment, higher education and legal as
well as political parity. Awareness is therefore primordial in every single State, be it a country of
origin, transit or destination.
Many Field Operations conduct relevant projects, including on codes of conduct in Albania and
Uzbekistan, on women’s economic empowerment and preventing traffic of human beings during
major sporting events in Ukraine, on minority children in Albania, or to prevent traffic of human
beings of vulnerable migrant and minority children in Bosnia and Herzegovina for example.
The Centre in Bishkek launched an information campaign to raise awareness about the risks of
trafficking in the south of Kyrgyzstan. To mark the beginning of the Kosovo Government’s new
project, the “Anti-Trafficking Month” in October 2012, the OSCE Mission supported a project
aimed at fostering dialogue between anti-trafficking stakeholders and persons vulnerable to human
trafficking in municipalities and raising awareness of trafficking among youth. In Tajikistan, the
Office disseminates awareness material that has been produced in partnership with the
governmental Inter-Agency Commission to Combat Human Trafficking. In Yerevan, the Office
organizes several Police Open Day events in conjunction with the Armenian Police and the
5
UNODC, “Human Trafficking: An Overview”, 2008, http://www.ungift.org/docs/ungift/pdf/knowledge/ebook.pdf
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National Centre for Legal Research NGO to reach out to high school students and touched on
efforts to combat trafficking of human beings, among other topics. The OSCE also holds an annual
meeting of focal points in Vienna to discuss and coordinate work.
OSCE Participating States should adopt strong policies to ensure that the level of education on
these issues is sufficient to fight trafficking directly at the sources. Indeed, lack of education or poor
education can contribute to people being more vulnerable. Moreover, not a single victim should be
neglected and considered as an illegal migrant. All police and institutions – including OSCE field
operations – working to help the victims of this tragic practice must be provided with the resources
and trainings they need to carry out on their essential work.
Promotion of Media Freedom
The 1975 Helsinki Final Act refers to Article 19 of the 1948 United Nations Universal Declaration
of Human Rights: “Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.”
6
Unfortunately, this right has been, and continues to
be, violated in several countries in the OSCE area.
The role of the OSCE Representative on Freedom of the Media is fundamental, as is the work of the
OSCE field missions. Dunja Mijatović is visiting participating States and working with them on
possible improvements in the field of media freedom. She calls on the participating States to reverse
a culture of impunity that exists in some participating States and to avoid the adoption of new laws
limiting the access to information and the rights of the journalists. The OSCE Representative on
Freedom of the Media regularly participates in the OSCE PA Winter Meetings, including in
February 2013 – where she addressed the OSCE PA’s General Committee on Democracy, Human
Rights and Humanitarian Questions on the issue of media freedom. In the 2012 Monaco
Declaration, the OSCE PA strongly encouraged the participating States to support her in the efforts
to strengthen and implement relevant OSCE principles and commitments,
7
following the adoption
of the 2009 OSCE PA Resolution on Strengthening OSCE Engagement on Freedom of Opinion and
Expression.
Self-regulation is another important issue on this matter. Having an independent institution that is
separated from the Government and the Judiciary would be a preferable alternative to no regulation
or indeed, in some cases, a state regulator. Therefore, a self-regulatory council within a member
State would be something that could be developed in some participating States.
Freedom of the media is also closely linked with internationally recognized freedoms, encouraging
independent reporting and freedom of the press especially with the advancement of new
technologies. In particular, regarding the situation in Belarus, Georgia, Kazakhstan, as well as other
countries in the region, we see some worrying trends. In its 2012 report, Freedom House designated
6
United Nations, “The Universal Declaration
http://www.un.org/en/documents/udhr/
7
OSCE PA, “Monaco Declaration”, July 2012
of
Human
Rights”,
10
December
1948,
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some of these participating States as “not free” in terms of freedom of the press.
8
How can a nation
thrive without democracy and indeed, how is democracy sustainable without freedom of the media,
expression, publication and distribution of ideas? In these post-Soviet States, modern methods of
information control are still prevalent. However, the emergence of new technologies and media
afford new opportunities for greater freedom of expression and for an independent press.
Unfortunately, Internet blocking and curtailment of website content frequently occurs in some
regions of the OSCE.
We should also be concerned about the situation in Azerbaijan. In December 2012, the OSCE
Representative on Freedom of the Media, Dunja Mijatović, said that “all journalists in detention [in
Azerbaijan] should be released,” after two convicted journalists and a blogger were freed in
Azerbaijan. For example, we have the case of Avaz Zeynalli, editor-in-chief of “Khura” newspaper,
whom Mijatović was able to visit in prison last year.
9
An Azeri court found him guilty in March
2013 under Articles 311.3.3 (bribery on a large scale), 311.4 (extortion by threats), 306 (no
execution of a court decision) and 213.1 (evasion of taxes in a significant amount) of the Criminal
Code. He was sentenced to nine years in prison. At trial, the journalist completely denied the
charges. This case, among others, is a source of great concern.
The European Court of Human Rights found in respect of the Lingens Judgement (1986) that
“freedom of the press affords the public one of the best means of discovering and forming an
opinion of the ideas and attitudes of political leaders”. The internet has fast become an
unprecedented tool of communication for the exchange of ideas and information on a worldwide
setting. It is essentially a form of self-education.
We must recognize that media should not forget the issue of intrusion into private life but despite
some progress in some countries, there is still a long way to go towards achieving freedom of the
media in the OSCE region. The OSCE Parliamentary Assembly is composed of Parliamentarians
who are directly proposing and voting on the laws and this is their responsibility to ensure that they
are adopted in the most transparent manner and will improve the right to freedom of opinion and
expression.
Freedom of Belief
Article 18 of the United Nations Universal Declaration also states that “Everyone has the right to
freedom of thought, conscience and religion; this right includes freedom to change his religion or
belief, and freedom, either alone or in community with others and in public or private, to manifest
his religion or belief in teaching, practice, worship and observance.”
10
According to the Helsinki
Final Act, “the participating States will recognize and respect the freedom of the individual to
8
9
Freedom House, Freedom of the Press Data, http://www.freedomhouse.org/report-types/freedom-press, 2012.
OSCE, “OSCE media freedom representative welcomes release of journalists in Azerbaijan, calls for all journalists
to be freed”, 28 December 2012, http://www.osce.org/fom/98422
10
United Nations, “The Universal Declaration of Human Rights”, 10 December 1948,
http://www.un.org/en/documents/udhr/
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profess and practice, alone or in community with others, religion or belief acting in accordance with
the dictates of his own conscience.”
11
At the Winter Meeting in 2006, the Assembly met for an extraordinary debate on “The World Crisis
on Freedom of Expression and Respect for Religious Beliefs”. During the opening plenary, former
President Alcee Hastings said, “Nothing justifies the use of violence by religious extremists as a
way to express discontent over what is printed in the free press. Political opportunists and religious
fanatics that go out of their way to inflame sentiment in order to use this dreadful controversy to
suit their own purposes are nothing more than provocateurs and thugs.” In the same spirit, six years
later, the 2012 Human Dimension Implementation Meeting, which took place over two weeks in
Warsaw in September and October, included a special day on freedom of religion or belief.
However, some citizens are still facing discriminations on the basis of their religion or belief. As
Member States, we need to identify existing obstacles to the enjoyment of the right to freedom of
religion or belief and present recommendations on ways and means to overcome such obstacles. We
should support the work of the OSCE field operations in this regard but also continue to emphasize
co-operation with other institutions, international organizations, NGOs and the civil society to
facilitate follow-up to the Helsinki commitments.
Parliamentary transparency and openness
An added value of the OSCE Parliamentary Assembly is its commitment to openness and
transparency. We must recognize the value of sharing experiences among the Assembly’s member
parliaments to foster mutual understanding, strengthen co-operation and improve the democratic
process for citizens in each of our countries. For example, I can highlight the Declaration on
Parliamentary Openness, a product of the 2012 World e-Parliament Conference as one approach to
improve legislative transparency, expand access to parliamentary information, enable electronic
communication among elected officials and constituents, and increase citizen engagement. We
should increase bilateral and multilateral visits and common meetings on this issue. While the
economic crisis is hitting our countries, transparency and openness is a key to combat extremism
and to reinforce the trust between Parliaments and voters.
Field presence mandates
Last July, the OSCE PA urged, once again, the OSCE Ministerial Council to adopt full, effective
and long-term, at least three-year, mandates that include monitoring and reporting activities in all
spheres, including the areas of human rights and the Human Dimension. In December 2012, the
Permanent Council decided to extend the mandate of all field missions until December 2013. It is
regrettable that the decision does not respond to the current field missions’ long-term needs. This
issue concerns the overall long-term impact the OSCE is able to have in all three dimensions, but
also organizational issues, such as stable recruitment.
11
Helsinki Final Act, 1975
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Regarding the OSCE field missions in Belarus and Georgia, we can just acknowledge the failure to
reach an agreement despite the urgent need for a local presence in those countries. While we are
waiting, the situation on the ground is constantly changing and there are increasing needs for OSCE
monitoring and other field activities. Over the last decade, the OSCE has also downgraded the
OSCE field presences in Ukraine and Uzbekistan to Project Co-ordinator offices. There are
discussions around the OSCE operations in Kazakhstan and Azerbaijan to do the same. This would
be very unfortunate, as the project co-ordinator framework limits the OSCE’s monitoring capacities
– a key element of its work.
Role of civil society and the OSCE
The OSCE’s Human Dimension’s reform is moving along, but the lack of progress regarding the
participation of the civil society in the decision-making progress is missing from the agenda.
Several proposals have been made by non-governmental organizations and coalitions, such as the
Civic Solidarity Platform.
12
Despite the request in the Monaco Declaration for the OSCE Permanent Council to organize
meetings with regard to the violation of OSCE commitments in the Human Dimension, to conduct
these meetings in a way that is open to the public, the media and civil society representatives, we
cannot see any improvements in this regard.
In the 2012 Monaco Declaration, the Assembly called for a civil society advisory board within the
OSCE PA. While this issue remains on the table, civil society has been present in recent OSCE PA
meeting, including the Winter Meeting – where it has become a tradition to invite guest speakers
from among civil society to address the parliamentarians, and engage in an open, transparent and
constructive debate.
Prison conditions and oversight
Last year’s report by the Rapporteur of this Committee, Mr. Coskun Coruz (Netherlands), focused
on prison reform.
13
Coruz noticed that the OSCE has not developed binding standards in the field of
prison conditions and the systematic inspection of prisons is still limited. Austria’s ratification of
the Optional Protocol to the UN Convention against Torture, and other Cruel, Inhuman or
Degrading Treatment or Punishment, which provides for an international inspection system, many
others still have not ratified this important protocol (Andorra, Belarus, Belgium, Canada, Finland,
Georgia, Greece, Hungary, Iceland, Ireland, Kyrgyzstan, Latvia, Lithuania, Monaco, Mongolia,
Norway, the Russian Federation, Slovakia, San Marino, Slovenia, Tajikistan, Turkmenistan, the
United States and Uzbekistan).
14
12
The Civic Solidarity Platform, “Civil society recommendations to the participants of the OSCE Ministerial
Council meeting in Dublin, 6-7 December 2012”.
13
OSCE PA, “Report for the General Committee on Democracy, Human Rights, and Humanitarian Questions – The
OSCE : A Region of Chance”, Monaco. 5-9 July 2012, p. 4-6.
14
United Nations, “Treaty Collection”, http://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&lang=en
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As mentioned in the 1991 Moscow Document which indicated that participating States committed
themselves to treat all persons deprived of their liberty with humanity and with respect for the
inherent dignity of the human person and to respect the internationally recognized standards that
relate to the administration of justice and the human rights of detainees, all participating States
should co-operate with international institutions regarding visits to all prisoners – including those
the international community considers to be incarcerated on political grounds.
Access to justice
In Monaco, this Committee also emphasized the issue of judicial independence.
15
In some
participating States, the lack of access to a fair trial has been highlighted. As stated in the 1990
Copenhagen Document,
16
all human beings should have access to a fair trial and tribunal, which
also applies to political activists and those accused of terrorist activities.
My predecessor expressed his disappointment regarding the situation in Guantanamo
17
, which is
still open despite long-standing promises to close the prison, compared to the expectations raised in
Oslo during the 2010 Annual Session. On another specific issue, those responsible for Russian
lawyer Sergey Magnitsky’s death still have not be brought to justice. Unfortunately, there are many
other examples in the OSCE area.
Refugees and internally displaced persons
In 2010 in Oslo, the OSCE PA adopted a Resolution on the right of internally displaced persons and
refugees to return to their place of origin and considered on the safe and dignified voluntary return
of the internally displaced persons and refugees within and from Georgia of utmost importance and
urgency. Last year in Monaco, we urged its immediate implementation. It is important to recall
again this year on the parties involved to co-operate in finding ways to facilitate an early voluntary
return of refugees and internally displaced persons from both sides to their homes of origin in safety
and with dignity.
In all OSCE participating States, refugees and internally displaced persons’ rights should be
respected including the rights to return, education, work, health care and access to justice.
Conclusion
The Helsinki +40 process is not fully defined at the moment. Therefore, the role of the OSCE
Parliamentary Assembly is also to bring its contribution in order to make it as useful as possible.
We have seen some significant progress in the Human Dimension since 1975, in particular, the
15
OSCE PA, “Report for the General Committee on Democracy, Human Rights, and Humanitarian Questions – The
OSCE : A Region of Chance”, Monaco. 5-9 July 2012, p. 3-4.
16
Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, Copenhagen, 29
June 1990.
17
OSCE PA, “Report for the General Committee on Democracy, Human Rights, and Humanitarian Questions – The
OSCE : A Region of Chance”, Monaco. 5-9 July 2012, p. 4.
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adoption of the 1990 Copenhagen Document, which is still held up as the key document when
evaluating the quality of elections in participating States. However, in some participating States, the
situation of specific human rights and fundamental freedoms has regressed. We need to pay special
attention to ongoing issues such as human trafficking, freedom of the media and freedom of belief,
as well as access to justice and general democratic developments in our region. These do not only
affect a part of the OSCE region but the whole area.
To combat human trafficking, origin, transit and destination countries need to work together, to
adopt strong policies and to reinforce the education and awareness on this topic so that the most
vulnerable can be provided with an alternative and thus protect themselves against this threat before
it occurs.
Freedom of the Media and Freedom of Belief are also rights that are regularly violated despite
recurring calls to respect fundamental commitments not only through OSCE PA Declarations but
also from the OSCE Institutions and Representatives, international organizations, civil society
statements.
The Helsinki +40 process should review the achievements and the violations that were observed
since the 1975 Helsinki Final Act, note the general trends, make clear recommendations on further
integrating human security into the overall agenda of the OSCE and find more effective ways to
ensure respect for States’ human rights commitments, including follow-up on concrete human
rights issues.
10