OSCE, Alm.del - 2015-16 - Bilag 28: Praktik og procedurer i forbindelse med den årlige session i Tbilisi fra 1. til 5. juli 2016

OSCEs Parlamentariske Forsamling 2015-16
OSCE Alm.del Bilag 28
Offentligt

AS (16) RP 1 E

Original: English

REPORT

FOR THE GENERAL COMMITTEE ON

POLITICAL AFFAIRS AND SECURITY

25 Years of Parliamentary Co-operation:

Building Trust Through Dialogue

RAPPORTEUR

Ms. Margareta Cederfelt

Sweden

TBILISI, 1 – 5 JULY 2016

OSCE, Alm.del - 2015-16 - Bilag 28: Praktik og procedurer i forbindelse med den årlige session i Tbilisi fra 1. til 5. juli 2016

REPORT FOR THE GENERAL COMMITTEE

ON POLITICAL AFFAIRS AND SECURITY

Rapporteur: Ms. Margareta Cederfelt (Sweden)

Introduction

The OSCE, now in its fifth decade, continues to establish itself as the primary forum for

transatlantic and Eurasian dialogue in the spheres of security and human rights, and in the

economic and environmental dimension. As a community based on shared values and

principles, the OSCE carries unparalleled moral authority in Europe and, therefore, the

implementation of OSCE commitments is an essential element for peace, security and

stability in the OSCE region.

However, there has been a palpable loss of trust between participating States in recent years

and a corresponding decrease in political will, resulting in reduced willingness to

compromise in key areas in order to move the OSCE’s agenda forward. This culminated last

year in the inability of the OSCE Ministerial Council meeting in Belgrade to reach consensus

on a number of key issues. Since so many of our common challenges require real multilateral

engagement, this gridlock and loss of trust has had a tangible and negative impact on our

mutual security. Acknowledging this, the OSCE Parliamentary Assembly should utilize its

full capacity to tackle emerging threats in the spirit of rebuilding trust among participating

States. The parliamentary dimension of the OSCE should work towards overcoming the lack

of trust between OSCE participating States and towards being more vocal in expressing its

position. Only by strengthening dialogue and political will can diplomatic efforts truly bring

together belligerent parties in negotiating a peaceful settlement to conflicts and in working

together towards addressing common threats.

This report will touch upon five main points in this regard: transnational terrorism, the crisis

in and around Ukraine, protracted conflicts, women in armed conflict, and the link between

security and democracy.

Transnational Terrorism

Violent extremism is having a growing and palpable impact on security in the OSCE area,

with far too many lives being cut short by terrorist tactics, including suicide bombings, mass

shootings, kidnappings, and beheadings.

As governments work to effectively respond to the evolving terrorist threat, they should make

full use of the OSCE and its anti-terrorism activities, which focus on improving the

international legal framework against terrorism, strengthening travel document security,

countering violent extremism and radicalization that lead to terrorism, and countering the use

of the internet for terrorist purposes. Likewise, the OSCE would do well to tailor its activities

to the needs of participating States, while working to ensure that counter-terrorism is not used

as a cover for targeting legitimate political opposition and suppressing the legal activities of

nonviolent civil society groups.

Countering the terrorist threat is complicated by the refugee and migrant crisis now impacting

nearly all OSCE countries, which has been precipitated by ongoing conflicts in Europe and

OSCE, Alm.del - 2015-16 - Bilag 28: Praktik og procedurer i forbindelse med den årlige session i Tbilisi fra 1. til 5. juli 2016

its surrounding neighborhood. Allegations of migration’s links to terrorism have led to the

politicization of the crisis and in some cases the scapegoating of desperate people who are

fleeing war and repression. But while acknowledging the core humanitarian concerns of the

crisis, it is important that we also recognize it as a fundamental security issue and work to

improve the process of screening asylum seekers. In order to address the crisis’s root causes,

the OSCE and its participating States should focus on conflict resolution and prevention in

countries of origin.

The nexus between human trafficking and illegal migration further undermines the security

and stability of the OSCE region. Since human trafficking networks are known to have links

to terrorist activities, the OSCE needs to develop new ways to move the partnership with the

Mediterranean Partners for Co-operation forward. The experience in border management, in

addition to the existing mechanisms for information sharing between participating States and

their joint effort in countering organized crime, places the OSCE in a unique position to

tackle the issue of irregular migration and its possible links to terrorist activities. Participating

States should acknowledge this issue as a shared responsibility by ensuring that they fully

uphold OSCE commitments.

While taking actions on the national level to protect our citizens from the terrorist threat, we

must not forget the root causes, which need to be addressed on the international level. A

comprehensive, multi-layered strategy is needed, one that includes targeted efforts to address

the grievances that terrorists exploit, including economic grievances.

Parliamentarians have a role to play in strengthening international legal frameworks against

terrorism by working in their national parliaments to promote universal anti-terrorist

conventions and protocols on a national level, and also working to ensure that national

legislative initiatives targeting terrorist activities uphold key OSCE principles, including

freedom of expression.

Russian Aggression Against Ukraine

The OSCE’s response to the crisis in and around Ukraine has demonstrated that its tool box is

well-equipped for crisis management, with the Organization providing essential instruments

for promoting de-escalation and dialogue. The Special Monitoring Mission to Ukraine in

particular and the Observer Mission at two Russian checkpoints have had a crucial role in

addressing the crisis by providing daily unbiased reports from the field.

However, we should also acknowledge and address a number of issues including a lack of

resources, restrictions on the OSCE monitors’ freedom of movement, and the challenges

posed by the OSCE’s lack of legal personality. Also, the fact that the conflict was not

prevented at its early stages – despite all of the OSCE’s preventive action mechanisms –

highlights the need for the OSCE to continue to strengthen its political dialogue and to

develop capabilities for early warning detection and reporting. The subsequent upsurge of

violence in Eastern Ukraine is exacerbated by the provision of weapons and military

equipment to the rebels by the Russian Federation. This further fuels the ongoing killing in

the southeast and clearly shows the continuing aggression by Russia towards the territorial

integrity of Ukraine. Therefore, recognizing that the achievement of a political solution to the

crisis is a top priority for the international community, we must continue promoting good

governance in Ukraine and building confidence based on the full implementation of the

Minsk Agreements.

OSCE, Alm.del - 2015-16 - Bilag 28: Praktik og procedurer i forbindelse med den årlige session i Tbilisi fra 1. til 5. juli 2016

Regarding perhaps the most tragic incident of the Ukraine conflict, the downing of Malaysian

Airlines Flight MH17 on 17 July 2014, we must continue to press for greater transparency

and urgency in the investigation, with a view towards ensuring justice and closure for the

victims and their families. A declaration calling for an open, transparent and independent

international investigation into the crash was approved by the Permanent Council with the

consensus of all 57 participating States the day after the tragedy nearly two years ago, but to

this date, the investigation has been hampered by a lack of openness and co-operation by

some governments. This tragedy has been one of the main rifts of trust between participating

States and, therefore, efforts for the resolution of this issue should be pursued.

Another major issue of controversy has been the Russian Federation’s illegal annexation of

Crimea. This act of aggression towards another OSCE participating State has breached the

founding principles of the OSCE as enshrined in the Helsinki Final Act, fundamentally

undermining Ukraine’s right to territorial integrity. The OSCE PA has been clear since the

beginning that the Russian Federation’s annexation of the Crimean Peninsula in March 2014

was illegal and illegitimate. Since that time, there has been a steady deterioration in human

rights and a systematic attack on media freedom on the peninsula. While the issue of Crimea

has been overshadowed in some ways by other priorities of the international community in

Ukraine, including the

alleviation of the conflict in the Donbas region,

it is important to

continue to point out that Ukraine’s sovereignty over all of its territory – including Crimea –

must be respected.

To prevent the Ukraine crisis from becoming another protracted conflict, the OSCE should

work towards facilitating a constructive discourse that will bring all sides to the negotiating

table and establish a long-term solution. The Parliamentary Assembly could strengthen its

role in this effort by facilitating,

inter alia,

more in-depth and productive dialogue between

parliamentarians.

Protracted Conflicts

As outlined in the German OSCE Chairmanship’s priorities for 2016, emphasis is being

placed this year on crisis and conflict management, particularly regarding conflicts in

Moldova and the South Caucasus. In concrete terms, the OSCE should strengthen its

commitment towards solving the protracted conflicts in the region by means of its current

negotiating formats and mechanisms.

Because participating States still use unilateral decision-making and violence for addressing

differences, diplomatic negotiations are hindered from adequately addressing protracted

conflicts. This was recently exemplified by the major violations that took place along the

Line of Contact in the Nagorno-Karabakh conflict zone on the side of Armenia and

Azerbaijan, which represented the most serious escalation of this protracted conflict since

1994. The OSCE should utilize its full toolbox of conflict resolution mechanisms, including

the Parliamentary Assembly and its capabilities and outreach, in order to stabilize the

situation on the ground and exert more pressure for the facilitation of a peaceful negotiated

solution of the conflict.

Furthermore, the Parliamentary Assembly should also strengthen its involvement in

addressing the repercussions of the August 2008 conflict between the Russian Federation and

the territory of Georgia. The issue of illegal resettlement of displaced persons to change the

OSCE, Alm.del - 2015-16 - Bilag 28: Praktik og procedurer i forbindelse med den årlige session i Tbilisi fra 1. til 5. juli 2016

demographic situation undermines trust between the negotiating parties and hampers the

actual implementation of commitments. There should be more involvement on the

parliamentary level for the implementation of the

EU-brokered Six-Point Agreement of 12

August 2008. In concrete terms, the access to humanitarian aid in the regions of Abkhazia

and South Ossetia should be made available and provisions should be put in place

guaranteeing its transit. Moreover, the OSCE PA should utilize its diplomatic power to draw

the attention of the wider international community and ensure more transparency and

accountability thereby reducing tensions on the ground.

There needs to be stronger political

will and more dedicated involvement on the side of the OSCE Parliamentary Assembly so as

to ensure dialogue and concrete action within the internationally recognized territory of

Georgia. The fact that talks with the EU on visa liberalization for Georgian citizens is

underway demonstrates the democratic development in the country. Moreover, the upcoming

elections in Georgia on 8 October 2016 will serve to further strengthen the democratic

development of Georgia.

The promotion of confidence-building measures, as well as the active work of the OSCE field

presences, is vital. In particular, the OSCE should provide increased opportunities for civil

society to participate and play a constructive role in a variety of fields, ranging from the

promotion of democracy to social development. Specifically in protracted conflict zones,

NGOs have produced many useful conflict management programmes, which can be

synergistic with that of the OSCE. Civil society can offer valuable professional advice and

information from the ground about activities in the area. The ability of NGOs to provide

training and educational programs often enables them to bring together conflicting parties and

facilitate dialogue.

Women in Armed Conflict

Building long-term stability and security is an inclusive process that requires greater

involvement of women in decision-making and conflict mediation. The OSCE’s work with

participating States to implement UN Resolution 1325 on women, peace and security is a

positive example of the important role that this Organization can play to help ensure that

women are involved in taking preventive measures and decision-making at all stages of

conflict resolution. The 2004 OSCE Action Plan for the Promotion of Gender Equality

further sets out goals to prevent violence against women, advance their participation in

political and public life, promote women’s participation in conflict prevention, crisis

management, and post-conflict reconstruction.

In Moldova, the active participation of women in political affairs is a fundamental aspect of

democracy, peace-building, and achieving sustainable development. The legal framework to

advance women’s participation in decision-making must continue to be reformed in the

country, including by building capacity at national and sub-national levels to develop policies

to advance women’s rights and their participation in electoral processes. Another conflict

area where women should have a more strengthened role is Ukraine. The knowledge, skills,

and experience of Ukrainian women are vital to reaching a negotiated solution, and their full

involvement is crucial to strengthening the implementation of OSCE commitments in their

country during the current crisis.

At the Helsinki Annual Session last year, participating States were encouraged to take

effective measures to provide comprehensive security guarantees and humanitarian relief to

women in conflicts. The continuous development of an OSCE-wide action plan on women,

OSCE, Alm.del - 2015-16 - Bilag 28: Praktik og procedurer i forbindelse med den årlige session i Tbilisi fra 1. til 5. juli 2016

peace and security could be an important step in ending widespread conflict-related sexual

violence, in accordance with UN Security Council Resolution 1325.

The Link Between Security and Democracy

Parliamentarians have an important role to play in providing democratic oversight of the

security sectors within participating States, as well as on the governmental side of the OSCE.

As elected Members of Parliament are not restricted by the boundaries of official

governmental policy, they can more freely address sensitive issues, including security sector

reform. However, we must be honest and acknowledge that there is disproportionate

influence wielded in some parliaments by well-financed special interests. Corruption is a

major challenge to democracy and to the rule of law. We should seek accountability from

those who have been implicated in recent corruption scandals and OSCE parliamentarians

should provide necessary oversight to ensure compliance with international norms and best

practices.

Therefore, in order to exercise checks and balances more effectively, a separate group of

experts from different branches within the OSCE could complement our oversight role in the

Organization. We can thereby strengthen the mechanisms of ensuring commitment to OSCE

agreements. Not only would this type of co-operation enhance the quality of democratic

oversight, it could help to also rebuild trust among participating States in the OSCE area.

Conclusion

Healthy dialogue is crucial for strengthening broader co-operation in areas such as arms

control, conflict resolution, security sector oversight, and military exchanges. The OSCE

should therefore utilize its full capacity to tackle emerging threats by facilitating an

atmosphere of mutual respect, trust and co-operation. The consensus-based decision-making

process of the OSCE, while in some respects a useful measure to ensure greater legitimacy

for the Organization’s decisions, can also be an obstacle to timely action. The relevance of

the OSCE is enshrined in its principles, and if the Organization’s mechanisms and tools are

not advancing those principles, they should be addressed and reformed to ensure that the

OSCE lives up to its mandate. This places the OSCE Parliamentary Assembly in the unique

position to rebuild mutual support between OSCE participating States through dialogue and

discussion. Parliamentarians within the Assembly have a crucial role as representatives of

their home countries and diplomats to both uphold OSCE commitments but also to work

towards building trust between OSCE participating States.

We must also remember that the OSCE is an organization entirely dependent on the political

will of its participating States. If these countries cannot agree on fundamental issues and

continue to dispute competing narratives over how we have come to the current impasse,

there is very little hope for moving forward the OSCE’s agenda and building a common

security community for the one billion people living from Vancouver to Vladivostok. It is up

to all of us to bring the spirit of Helsinki back to our capitals and try to encourage the

political will needed to reach compromises in key areas and reaffirm the principles on which

the Organization was founded.