OSCE, Alm.del - 2016-17 - Bilag 19: Praktik og procedurer i forbindelse med den årlige session i Minsk fra 5. til 9. juli 2017

OSCEs Parlamentariske Forsamling 2016-17
OSCE Alm.del Bilag 19
Offentligt

AS (17) DRS 3 E

Original: English

DRAFT RESOLUTION

FOR THE GENERAL COMMITTEE ON

DEMOCRACY, HUMAN RIGHTS AND

HUMANITARIAN QUESTIONS

Enhancing Mutual Trust and Co-operation

for Peace and Prosperity in the OSCE Region

RAPPORTEUR

Mr. Kyriakos Hadjiyianni

Cyprus

MINSK, 5

–

9 JULY 2017

OSCE, Alm.del - 2016-17 - Bilag 19: Praktik og procedurer i forbindelse med den årlige session i Minsk fra 5. til 9. juli 2017

DRAFT RESOLUTION

FOR THE GENERAL COMMITTEE ON DEMOCRACY, HUMAN RIGHTS

AND HUMANITARIAN QUESTIONS

Rapporteur: Mr. Kyriakos Hadjiyianni (Cyprus)

Reaffirming the concept of comprehensive security enshrined in the Helsinki Final Act’s

Declaration on Principles Guiding Relations Between Participating States that includes

commitments to respect for human rights and fundamental freedoms,

Recalling the Moscow Document (1991) that affirms that human dimension

commitments are of “direct and legitimate concern to all participating States and do not

belong exclusively to the internal affairs of the State concerned”,

Noting that human dimension commitments continue to be violated in many OSCE

participating States and that some seek to justify such violations as necessary to preserve

national security,

Observing that the failure of participating States to fulfill their human dimension

commitments contributes significantly to the deterioration of public trust in institutions

and thus to political instability,

Deeply regretting the continued failure of the OSCE Ministerial Council to agree to any

human dimension decisions in recent years,

Concerned that OSCE field mission mandates are often held hostage to political interests

instead of being negotiated in the spirit of pursuing deeper respect for human rights and

democratic principles,

Recalling the consensus view of participating States in Copenhagen in 1990 that

democracy is inherent to the rule of law, and reaffirming the minimum standards for

democracy enumerated in that document,

Underscoring the consensus declaration in Ljubljana in 2005 that recognizes pluralistic

democracy and the rule of law as prerequisites for peace, security, justice, and stability,

Pointing out that states of emergency and the interference with rights in these contexts

must be strictly necessary, proportionate, and temporary without derogation from core

international commitments, particularly prohibition against torture,

Stressing that governments should provide appropriate support to those most directly

impacted by terrorism, namely the victims of attacks,

Recalling the Maastricht 2003 OSCE Strategy to Address Threats to Security and

Stability, which stated that the mobility of migrant populations and the emergence of

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OSCE, Alm.del - 2016-17 - Bilag 19: Praktik og procedurer i forbindelse med den årlige session i Minsk fra 5. til 9. juli 2017

societies with many coexisting cultures in all parts of the OSCE region present growing

opportunities as well as challenges, and that the failure to integrate societies and the

failure also by those who reside in them to respect the rights of all can undermine stability,

12.

Reminding the participating States that in the Moscow Document of 1991, they

committed to ensuring civilian control and promoting legislative oversight over their

military, paramilitary, security, and intelligence services,

Recalling the 2009 Resolution on a Moratorium on the Death Penalty and Towards Its

Abolition, and noting that in view of the fallibility of human justice, recourse to the death

penalty inevitably carries a risk that innocent people may be killed,

Expressing deep concern that refugee and migrant women and children are falling prey

to forced prostitution, sexual assault, and other forms of exploitation and violations of

freedom of religion, and that inadequate facilities and staff at camps, temporary shelters,

and registration centers are contributing to the vulnerability of these populations,

Expressing concern over the unresolved situation of internally displaced persons (IDPs)

scattered over a number of its participating States,

Observing that instability in the Middle East and North Africa requires the sustained

attention of participating States and the application of the concept of comprehensive

security to achieve lasting peace, freedom, and security,

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The OSCE Parliamentary Assembly:

17.

Calls on OSCE participating States to respect the human dignity and equal rights of all

their citizens by implementing to the fullest extent all OSCE commitments concerning

human rights, fundamental freedoms, pluralistic democracy, and the rule of law;

Expresses their concern over recent and flagrant manifestations of intolerance, aggressive

nationalism, xenophobia, anti-Semitism, and racism, and stresses the vital role οf

tolerance, understanding, and co-οperation in the achievement and preservation of stable

democratic societies;

Encourages participating States to reinvigorate human dimension discussions within the

OSCE by agreeing to meeting agendas and dates in a timely and transparent fashion and

by avoiding restrictions on civil society participation and the inclusion of state-sponsored

non-governmental organizations;

Reiterates the need for participating States to preserve the rule of law, democratic

institutions, prohibitions against torture, and civilian oversight of military, paramilitary,

security, and intelligence services in the course of addressing national security threats;

Calls upon participating States applying the death penalty to declare an immediate

moratorium on executions, and urges all countries to reconfirm that they will never apply

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OSCE, Alm.del - 2016-17 - Bilag 19: Praktik og procedurer i forbindelse med den årlige session i Minsk fra 5. til 9. juli 2017

this inhuman and degrading punishment, and notes with concern debates on its

reintroduction in a number of participating States where it has been abolished;

22.

Calls on participating States, where applicable, to cease immediately the harassment,

imprisonment, mistreatment, and disappearance of political opposition, human rights

defenders, journalists, and other members of civil society;

Urges participating States to guarantee full access for domestic and international monitors

to review prison conditions;

Expresses solidarity with Parliamentarians who are detained or imprisoned, and declares

willingness to observe their conditions of detention or imprisonment, including through

in situ

visits;

Underlines that freedom of expression, including political satire or ideas deemed as

shocking or offensive, must be fully observed in line with international obligations of

participating States;

Deplores attempts by some governments to suppress dissent and to control public

communications through such measures as: repressive rules regarding the establishment

and operation of media outlets and/or websites; interference in the operations of public

and private media outlets, politically-motivated prosecutions of journalists; unduly

restrictive laws on what content may not be disseminated; technical controls over digital

technologies such as blocking, filtering, jamming and closing down digital spaces;

Calls upon all participating States to grant unimpeded access to international human

rights monitoring mechanisms and missions, including in particular to areas under the

military control of participating States or of their proxies;

Calls on the OSCE Ministerial Council to agree to multi-year field mission mandates that

guarantee their ability to carry out meaningful work in the human dimension;

Urges the OSCE Ministerial Council to expend every possible effort to facilitate the

prompt re-establishment of field missions that are currently closed and renew the mandate

of existing missions, where necessary;

Implores participating States to provide accommodation for refugees and migrants that

include sleeping quarters for women and children that can be locked from the inside;

separate, well-lit, guarded bathroom facilities designated for women and children only;

and female interpreters, guards, and social workers whom the women and children can

approach with reports of trafficking;

Calls on participating States to seek durable solutions for the safe and voluntary return,

local integration or integration elsewhere in the home countries of displaced persons and

to guarantee the protection of their rights under the provisions of relevant OSCE and

Council of Europe instruments and in line with the 1998 United Nations Guiding

Principles on Internal Displacement;

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OSCE, Alm.del - 2016-17 - Bilag 19: Praktik og procedurer i forbindelse med den årlige session i Minsk fra 5. til 9. juli 2017

32.

Reiterates that, even in cases of military occupation of the territory of a participating State

by another participating State, which constitutes a blatant violation of international law,

the human rights of the persons in such territories must be respected in accordance with

relevant international instruments and OSCE human rights commitments;

Stresses the need for participating States to educate their publics on how to report

suspected trafficking of refugee and migrant children in their communities; prioritize

prosecution of human traffickers and their accomplices; ensure that all child victims of

trafficking are provided with access to justice and remedies; and co-operate with the law

enforcement of other participating Sates to prevent sexual exploitation of vulnerable

refugees and migrants, especially children, per the 2013 Addendum to the OSCE Action

Plan to Combat Trafficking in Human Beings;

Urges participating States to officially recognize that extremist groups on the borders of

the OSCE and Mediterranean region are targeting religious and ethnic minorities for

genocide, crimes against humanity, and war crimes, and that these atrocity crimes are

contributing to refugee flows into the OSCE region;

Calls on participating States to consider the vulnerability of such religious and ethnic

minorities in addition to other vulnerability criteria, such as age and gender, in prioritizing

the delivery of aid to - or resettlement of - refugees, internally displaced persons, and

migrants;

Calls for enhanced co-operation among participating States in preventing and combating

the organized looting, smuggling, theft, and illicit trafficking of cultural objects and their

restoration to their countries of origin;

Invites all participating States to ensure the human and civil rights of persons with

disabilities and encourage their political participation by taking the necessary measures

to make information, facilities, and fora accessible to individuals with disabilities;

Encourages participating States to employ the Moscow Mechanism and strengthen it by

ensuring that an adequate number of experts are nominated;

Stresses the importance of timely and open invitations to monitor election proceedings,

and calls on Governments of OSCE participating States to provide all appropriate support

and information to observation missions deployed by the OSCE;

Recognizes the particular contribution that parliamentary observers bring to election

observation, given their expertise in the electoral field, and public accountability;

Urges participating States to work, in co-operation with their national legislatures, to

implement the recommendations of OSCE election observation missions and referendum

observation missions and regularly brief the Assembly on their progress in this regard;

Recognizes that a more active role in referenda must be assumed by the OSCE PA itself;

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OSCE, Alm.del - 2016-17 - Bilag 19: Praktik og procedurer i forbindelse med den årlige session i Minsk fra 5. til 9. juli 2017

43.

Reiterates that the rights of persons belonging to national minorities must be observed,

while underlining that participating States which engage with minorities outside their

jurisdiction, including through political campaigning, must strictly observe OSCE

principles in this conduct;

Reiterates that the OSCE’s role in monitoring implementation of agreements between

participating States regarding human rights commitments within the scope of its mandate

can be further enhanced;

Emphasizes that the failure to address security challenges in the Middle East and North

Africa through the lens of comprehensive security, with particular concern for the human

dimension, will lead to continued instability on the borders of the OSCE and spillover of

migration flows and destabilizing trends;

Invites the OSCE Mediterranean Partners for Co-operation to seek greater engagement

with OSCE institutions, particularly the Office for Democratic Institutions and Human

Rights, to benefit from their expertise in developing political institutions and processes

and guaranteeing human and civil rights for all;

Encourages the OSCE Parliamentary Assembly to appoint a Special Representative for

the Middle East and possibly other regions that have a bearing on the security and stability

of participating States, to serve as an early warning mechanism for possible sources of

conflict and instability;

Calls on participating States to take decisive action for the implementation of the

provisions and/or principles included in the current as well as the previous relevant

resolutions.

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OSCE, Alm.del - 2016-17 - Bilag 19: Praktik og procedurer i forbindelse med den årlige session i Minsk fra 5. til 9. juli 2017

GENERAL COMMITTEE ON

DEMOCRACY, HUMAN RIGHTS AND HUMANITARIAN QUESTIONS

PROPOSED AMENDMENT to the DRAFT RESOLUTION

Enhancing Mutual Trust and Co-operation for Peace

and Prosperity in the OSCE Region

[Set out text of Amendment here:]

Principal Sponsor:

Mr/Mrs

Family Name in

Capital Letters

Country

Signature

Co-sponsored by:

Mr/Mrs

Family Name in

Capital Letters

Country

Signature