OSCE, Alm.del - 2017-18 - Bilag 23: Praktik og procedurer i forbindelse med den årlige session i Berlin fra 7. til 11. juli 2018

OSCEs Parlamentariske Forsamling 2017-18
OSCE Alm.del Bilag 23
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AS (18) RP 3 E

Original: English

REPORT

FOR THE GENERAL COMMITTEE ON

DEMOCRACY, HUMAN RIGHTS AND

HUMANITARIAN QUESTIONS

Implementing OSCE Commitments:

The Role of Parliaments

RAPPORTEUR

Mr. Kyriakos Hadjiyianni

Cyprus

BERLIN, 7

–

11 JULY 2018

OSCE, Alm.del - 2017-18 - Bilag 23: Praktik og procedurer i forbindelse med den årlige session i Berlin fra 7. til 11. juli 2018

REPORT FOR THE GENERAL COMMITTEE ON

DEMOCRACY, HUMAN RIGHTS AND HUMANITARIAN QUESTIONS

Rapporteur: Mr. Kyriakos Hadjiyianni (Cyprus)

In 2017 the human rights situation continued to deteriorate throughout the OSCE area. Old

crises have deepened, new crises have emerged and the commitment to values enshrined in the

Helsinki Final Act seems to have weakened. With the exception of only a few encouraging

signs of human rights protection in the OSCE area in 2017, the exacerbation of human rights

abuses poses a real threat to the post-World War II human rights system. How best can the

OSCE PA and national member Parliaments contribute to reversing this negative trend and to

ensure participating States’ enhanced commitment to their human rights obligations?

Human Rights in Conflict Areas

The unspeakable humanitarian tragedy in

Syria

which has been at the heart of a new “cold

war” environment, pervasive in the OSCE, constitutes a blow to our collective conscience. The

unabated atrocities perpetrated against civilians, among them innocent children, point at the

cynical predominance of geostrategic interests over human life and dignity, but also over the

UN, as the primary guardian of international peace and security.

The conflict in

Ukraine

has continued to claim many lives and cause much suffering,

unfortunately with no sign of abating. Effective investigations into the serious human rights

violations committed in the country, including in Crimea, are necessary. The issues of

internally displaced persons and of missing persons need to be addressed. Freedom of

movement, as well as freedom of the media, must be restored in conflict areas.

Protracted conflicts in the

South Caucasus,

which continue to have a devastating humanitarian

impact, are a permanent source of concern and must remain a high priority for the OSCE.

Parliamentary dialogue must be further enhanced regarding these issues, eventually in a more

regular OSCE PA framework.

Escalating tensions and polarization in

the Western Balkans

are yet another source of grave

concern. The needs of many victims of wartime crimes remain neglected. The forces of

aggressive nationalism and revisionism are becoming more vocal. The region is fragile, and

the OSCE should continue to engage there actively.

In light of the above, it is essential to recall that international humanitarian law must be upheld

during armed conflicts. Equally essential is that in

areas under foreign military occupation,

human rights be applicable in their entirety, irrespective of pending political negotiations that

might hopefully restore international legality.

Citizens in occupied territories

across the

OSCE area are deprived of their basic human rights. Their rights of enjoyment of their property,

access to their homelands, free movement, their educational rights, fundamental freedoms, such

as the freedom of conscience, are all being tampered with. At the same time, ghost towns have

been created as a result of military aggression, forcing their lawful population to become

internally displaced persons or refugees. Areas entangled in protracted conflicts, as well as

territories under occupation in the OSCE area, do certainly fall within the remit of Helsinki

commitments and in the OSCE PA’s

scope of scrutiny.

OSCE, Alm.del - 2017-18 - Bilag 23: Praktik og procedurer i forbindelse med den årlige session i Berlin fra 7. til 11. juli 2018

Human Rights Under the State of Emergency

Turkey,

a major actor in the Syrian conflict and the Eastern Mediterranean region, has been

waging, since the failed coup of July 2016, “purging operations” against alleged terrorists

within and beyond its boundaries.

The OSCE PA has joined the international community in condemning, time and again, the

failed coup, as a blatant affront to Turkey’s constitutional order and in stressing its support to

the democratically elected Turkish Government. At the same time, the OSCE PA has stressed

the high importance of the protection and respect of the rule of law and human rights and of

making appropriate and proportionate use of the extraordinary measures provided by the state

of emergency. Furthermore, the OSCE PA has been eloquent in commending on many

occasions Turkey’s significant contribution to global efforts aimed at dealing with the

unprecedented refugee and migrant crisis, through hosting more than three million refugees.

Yet, the human rights and rule of law situation in Turkey has not ceased to deteriorate ever

since and has been impacted by the prolonged state of emergency (renewed for the sixth time

in January 2018). This has also been affirmed by the Office of the UN High Commissioner for

Human Rights (OHCHR) in its relevant Report for 2017. In its Recommendations, the OHCHR

states that, even during states of emergency, there are non-derogable rights which must be

upheld at all times and that derogations regarding certain human rights, which are linked to a

state of emergency, must strictly comply with proportionality and necessity in terms of

duration, geographic coverage, and material scope. The OHCHR’s Recommendations point to

the immediate steps that Turkey must take towards the restoration of the human rights situation

and of the political and civic space, in compliance with its obligations under international

human rights law. The OSCE and the OSCE PA must keep following the situation closely and

act in their respective capacity and in complementarity towards

Turkey’s implementation of

the OHCHR’s Recommendations. The OSCE PA can be instrumental in promoting regular

dialogue with the Turkish Parliament and in exploring the possibility of an OSCE/OSCE PA

assessment and verification mechanism/field mission.

At the same time, while we acknowledge that there are no specific OSCE commitments

requiring the

abolition of the death penalty,

in the Vienna Document and in the 1990

Document of the Copenhagen Meeting of the Conference on the Human Dimension of the

OSCE, participating States agreed that the death penalty could be imposed only for the most

serious crimes and only in line with international commitments, while they agreed to consider

the potential abolition of the death penalty, to exchange information toward that end, and to

make information on the use of the death penalty available to the public. Considering that the

death penalty fails to deter criminal behaviour and renders any miscarriage of justice which is

inevitable in any legal system irreversible, the Parliamentary Assembly urges participating

States to abolish it while it considers that debates for its reintroduction in States where it has

already been abolished, are a step backwards.

The Rights of Refugees and Migrants

International efforts to deal comprehensively and effectively with the refugee and migrant

crisis continue. The EU shifted its migration control efforts to

Libya,

with horrific human

rights consequences. Albeit understandable, the desire of many States to reduce irregular

migration and refugee flows must comply with their international obligations. Particularly

regarding refugee flows, the principle of

non-refoulement

must be upheld. Regrettably, many

OSCE, Alm.del - 2017-18 - Bilag 23: Praktik og procedurer i forbindelse med den årlige session i Berlin fra 7. til 11. juli 2018

OSCE countries have maintained excessively restrictive migration policies and emergency

measures, thus causing unnecessary hardship for thousands of migrants detained in Libya in

awful conditions. The situation regarding the slave trade in Libya being out of control is a

highly alarming phenomenon. The OSCE PA and its member Parliaments must enhance efforts

towards the protection of

refugees’ and migrants’ human rights

in accordance with

international law and standards, particularly their right to freedom from arbitrary detention.

This Assembly must also make a greater contribution towards further promoting co-operation

with countries of origin regarding their own controls of migratory flows. Furthermore, we must

place greater focus on refugees’ and migrants’ integration in host societies, including through

ensuring respect of their right to family reunification and also of the rights of unaccompanied

minors. Certain important steps can be taken domestically by host countries, such as treating

migrants involved in prostitution as victims of trafficking, preventing the misuse of the internet

for trafficking purposes, as well as prosecuting purchasers of commercial sex

Trafficking in Human Beings

While a cause and effect relationship between

human trafficking

and exacerbated migration

flows has been established, human trafficking has long been on the OSCE and the OSCE PA

agenda, as a lucrative organized-crime activity (mainly for the purpose of labour and/or sexual

exploitation) which entails gross violations of fundamental human rights, modern slavery,

physical and psychological violence and a fierce assault on human dignity. The adoption by an

increasing number of States of legislation broader in scope and with heavier sentences on

offenders, is an encouraging sign. Yet, the global picture remains gloomy, as 40.3 million

people are enslaved worldwide, with women and girls making up 71% of the victims, while

one in four victims of modern slavery is a child.

Building upon their previous work in the field, the OSCE and the OSCE PA must further

promote co-operation

towards States’ adequate enforcement and strengthening of existing

legislation, with particular emphasis on prevention, to end human traffickers’ impunity.

The fact that the overwhelming majority of victims of human trafficking are women and girls

brings us to various other kinds of ill-treatment, from family violence and forced marriages to

sexual harassment. The magnitude of these problems confirms the need for greater efforts to

combat patriarchal privilege, gender stereotypes and discriminatory behavior and to further

promote women’s rights and

gender equality,

particularly focusing on equal education

opportunities. The role of Parliaments is crucial in this regard towards the adoption of

appropriate legislation and its further strengthening, as well as in holding Governments to

account regarding their effective implementation of related policies.

Statistics are alarming about the extent of exploitation of migrant populations. Last year the International Organization for

Migration estimated that 80% of girls arriving in Italy from Nigeria showed signs of being victims of human trafficking,

namely sex trafficking, forced labor, and trafficking for the purpose of organ removal. The percentage of migrants showing

these signs were even higher among Gambians, Ghanaians, Guineans, and Ivorians, especially youth. A study by the London

School of Economics on the OSCE Region a few years back concluded that in countries where the purchase of prostitution is

legal and demand for commercial sex has increased, the social stigma against buying sex is lower. Such policies ultimately

contribute to the creation of a market for prostituted women and girls who are victims of trafficking. Some countries have

criminalized the purchase of commercial sex.

OSCE, Alm.del - 2017-18 - Bilag 23: Praktik og procedurer i forbindelse med den årlige session i Berlin fra 7. til 11. juli 2018

Children’s and Young People’s Rights

The OSCE’s

advocacy

should particularly be addressed to

youth and children,

as a strategic

priority, in order to ensure that a critical mass of people will have the willingness and ability

to defend the human rights

acquis

enshrined in the Helsinki Final Act. A long-term strategic

approach is therefore necessary. Of particular concern is the fact that children and youth have

been more severely affected by conflicts, as well as the economic crisis, in many countries. If

we do not address these ills effectively, what can we expect of future generations? What will

the OSCE principles mean to them, if anything?

A core strategic goal should be

inclusive education.

Regrettably, too many children are

deprived of access to mainstream education or receive substandard education in separate

institutions, special classes or special schools. In many OSCE countries, Roma children,

children with disabilities, migrant children, and economically disadvantaged children are kept

in separate classes or schools, away from their peers and mainstream education. This certainly

does not contribute to a diverse and inclusive society.

Another strategic goal should be citizens’

education based on the Universal Declaration of

Human Rights.

In the light of States’ diverging perceptions, interpretations and

implementation of human rights, there is an urgent need to find common ground in this field.

It is therefore highly significant that education based on the Universal Declaration of Human

Rights, including adequate training for teachers, be incorporated in participating States’

educations systems and curricula. The role of Parliaments is crucial in terms of enacting

pertinent legislation and overseeing the smooth integration of human rights at the core of

Governments’ education policies.

The increasing number of violations particularly of

children’s rights

is highly alarming. Such

violations, which may occur in the family, school or in the public environment, from family

violence and girls’ forced marriages to bullying, child pornography and pedophilia, may carry

severe consequences for the mental and physical

health of children, who will be tomorrow’s

citizens. This will mean a real threat to societies’ cohesion and stability. National policies in

accordance with international legal instruments must be adopted and effectively implemented.

They should encompass rigorous legislation, as well as appropriate welfare policies for the

highest protection and to the greatest benefit of the child.

Drugs trafficking

is another lucrative criminal activity which poses a major threat, particularly

for our youth, but also to the sustainability of our societies, due to implications on the health

and well-being of citizens. It is essential to adopt common strategies to disrupt the entire chain

and business model of cultivation, manufacture, distribution and sale of drugs. It is also very

significant to further promote synergies towards enhanced networking and information

exchange, in co-operation with international organizations active in this field and with the

participation of competent authorities and stakeholders.

At the same time the human rights of drug users must be reinforced and their treatment and

care must be ensured. Furthermore, treatment through the national health care systems as an

alternative or addition to conviction must be considered in the legislative framework of

participating States, while the rehabilitation and reintroduction of users into their social and

familial environment, must be facilitated by relevant policies.

OSCE, Alm.del - 2017-18 - Bilag 23: Praktik og procedurer i forbindelse med den årlige session i Berlin fra 7. til 11. juli 2018

The State of Democracy, Human Rights and the Rule of Law in the OSCE Area

The growing tide of

nationalism and populism

has acquired even more alarming proportions,

as these phenomena are often associated with or result in restrictions targeting democratic

institutions and citizens’ fundamental rights and freedoms. Redoubling efforts

to safeguard and

further promote democracy, the rule of law and human rights in the OSCE area is central in

efforts to keep the ultimate goal of a security community alive. Such a community must be

based on democratic institutions, primarily impartial and independent judiciaries and on

inclusive societies underpinned by fundamental rights and freedoms, particularly freedom of

expression, freedom of assembly and association and freedom of religion. We can certainly not

turn a blind eye to those countries where security concerns are invoked to serve political

expediencies and to justify a crackdown on free speech or to undermine the judiciary. What

may be seen as a short-term fix to a current problem, if it impinges on fundamental rights,

simply causes much more serious problems in the longer term. The OSCE PA can add

significant value to the OSCE’s democratization efforts in its area. The input of this Assembly

can be substantial towards the further enhancement of the OSCE’s monitoring mechanisms and

activities in this field, which proves to be highly necessary.

Populism being mainly expressed by politicians, within and outside parliaments, it is of the

essence that Members of Parliament, who swear to respect the laws of the State, act upon

common Code of Conduct,

which could be elaborated at the level of the OSCE PA. Under

this Code, Members of Parliament should not invoke their parliamentary immunity for the

purpose of using defamatory, racist or xenophobic language. Instead, Parliamentarians should

promote peaceful coexistence and social cohesion by fostering tolerance among religious,

ethnic, and cultural groups. They should engage to fully and impartially exercise their

oversight role and fight corruption by promoting due transparency and accountability regarding

States’ and their own decision-making

and overall behavior. Parliaments must play their full

role as guardians of democracy and integrity at all levels of government, in their efforts to

regain citizens’ trust and encourage greater political participation. The OSCE PA must have a

leading role in this endeavor.

Moreover, the world has been witnessing increasing

violence and tension on religious

grounds,

which often result in conflict situations. Acts of violence are committed not only

against religious minorities, but also against the majority. On every occasion, we must strongly

condemn manifestations of intolerance and discrimination against Christians, Muslims, Jews

or members of other religions, as well as acts of vandalism against and desecration of worship

places, cemeteries, religious monuments and artefacts. Exacerbated nationalism, the

glorification of Nazism, the falsification of history, violations of minority rights, and growing

manifestations of racism and xenophobia, all these call for

an OSCE long-term strategy to

combat intolerance.

Fostering tolerance and peaceful coexistence becomes even more urgent, as

nationalist,

revisionist and belligerent rhetoric by political leaders

often targets minorities in other

countries for the purpose of serving expansionist aspirations and aims against these countries.

The persecution of lawyers

is another very worrisome phenomenon occurring on a global

scale, including in the OSCE area. Regrettably, in various participating States, lawyers are in

need of greater protection, as they are constantly threatened due to their engagement to defend

their clients, often persecuted by state authorities on the grounds of fabricated crimes. Particular

targets of threats and attacks by these regimes are lawyers working in the field of human rights

OSCE, Alm.del - 2017-18 - Bilag 23: Praktik og procedurer i forbindelse med den årlige session i Berlin fra 7. til 11. juli 2018

and on high-profile cases of torture, police abuse or corruption and whose clients are political

opponents of the regime. The role of the OSCE PA must be instrumental in raising awareness

regarding this phenomenon and in efforts to uphold lawyers’ independence in conducting their

professional activity without any interference or restrictions.

Also of concern are

repression and persecution against other human rights defenders

in a

number of OSCE countries, ombudspersons, journalists, national human rights institutions and

structures, activist groups, etc. As the space for human rights defenders and NGOs to operate

has shrunk in many places in the OSCE area and political rhetoric which undermines the

independence of the institution of the ombudsman has been exacerbated, it is important that

the OSCE ensures that NGOs can fully and freely participate in its activities. The OSCE must

resist any measures of exclusion and remain a unique platform of open and frank discussions

among politicians, experts and stakeholders.

At the same time, urgent action must be taken against extrajudicial executions, abductions,

enforced disappearances and ill-treatment. Some of these acts come from unidentified actors

(e.g. in the form of threats or attacks), while others are conducted by State officials or law

enforcement authorities in an attempt to stifle human rights activities. In most cases, these

threats and attacks are not investigated, and/or the perpetrators have never been identified.

Participating States must carry out thorough, prompt, impartial and transparent investigations

to bring all those responsible for violations against defenders to justice and apply the sanctions

provided by law.

Prison conditions in various participating States, both East and West of Vienna, must also be

improved. Structural reforms are therefore urgently needed to first and foremost demilitarize

and democratize the penitentiary service. Establishing a functioning monitoring system and

ensuring increased access to the outside world, as well as a proper training concept for the

professionalization of staff, are also essential reforms that must be put in place. In this respect,

a broad range of legislative changes, which will include modification of punishment policies

and a system of more effective remedies, is necessary. National Parliaments must step up

efforts in this direction.

At the same time

excessive use of force by police,

particularly during policing of assemblies,

must be subject to strict conditionality based on the human rights principles of legality,

necessity, proportionality, accountability and non-discrimination.

Cyber Warfare, Propaganda and Fake News, a Threat to Our Democracies

Globalization and technological advances have created significant opportunities but also

dreaded challenges, such as

cyber warfare, internet propaganda and fake news,

which need

to be collectively addressed. In regimes falling short of democratic principles and practices,

propaganda and fake news by official sources are a common occurrence against a background

of omnipresent fear among citizens and the authorities’ absolute intolerance

to criticism and

the right to free expression. On a global scale, fake news, particularly flourishing in social

media by state or non-state actors, violates

citizens’ rights

to receive real and impartial

information and seriously undermines good governance. Sensationalism and misinformation

aimed at manipulating public opinion, create a volatile information and communication

environment, which entails serious challenges and is fertile ground for radical groups to pursue

their aims.

OSCE, Alm.del - 2017-18 - Bilag 23: Praktik og procedurer i forbindelse med den årlige session i Berlin fra 7. til 11. juli 2018

Ensuring high quality news by trusted sources lies with the adoption of appropriate national

legislation and international instruments aiming at

improving regulation of the internet,

while ensuring full respect for human rights, primarily freedom of expression. The

responsibility

also lies with journalists’ compliance with their professional and ethical

standards, including self-regulation and accountability in line with these standards. More

important is that the owners of major news outlets, particularly social media, acknowledge and

act upon their due responsibility and liability by taking adequate oversight measures at their

initiative and in co-operation with States and the international community. The misuse of the

personal data of millions of social media users entails serious legal and moral implications.

As this phenomenon has been acquiring alarming proportions, it is important that the OSCE

develops a comprehensive approach, including

a human-centered analysis of and response

to Information and Communication Technologies (ICT) challenges.

In the context of co-

operative security, the OSCE can be instrumental in promoting such synergies towards

ensuring a sound information and communication environment. Such a comprehensive

approach must be reflected in the work of the OSCE PA, eventually through a special

committee or subcommittee. Parliaments can make a significant contribution in terms of

enacting appropriate legislation, scrutinizing Governments’ policies and exchanging best

practices. Their contribution can also be substantial in promoting global legislation to

ensure

accuracy, impartiality, self-regulation and accountability in journalism,

in strict

compliance with international standards and with due respect to freedom of expression.

Election Observation in OSCE Area and the Role of Parliamentarians

Because election observation lies at the core of the OSCE’s and the OSCE PA’s work, it is

highly important that

international standards and the Code of Conduct for OSCE PA

Election Observers

be strictly observed. It is also essential that a clear dissociation be made

between OSCE Election Observers and non-qualified or biased international observers, be they

politicians, experts or others, who carry out parallel election monitoring upon invitation by a

State on an individual or bilateral basis, for the purpose of affirming this State’s adherence to

internationally accepted election standards and commitments.

Being that fair and just elections are the cornerstone of democracy and the rule of law, it is

crucial that the election monitoring process be standardized and that the OSCE firmly insist on

participating States’ strict observance of a set of standards by which OSCE-led

Election

Observation Missions would be given precedence over bilateral arrangements, while any such

arrangements would have to comply with the OSCE’s election oversight model.