OSCE, Alm.del - 2021-22 - Bilag 19: OSCE PA Practical and procedural information og udkast til rapporter og resolutionstekster for de 3 komiteer i forbindelse med dette års Annual Session

OSCEs Parlamentariske Forsamling 2021-22
OSCE Alm.del Bilag 19
Offentligt

AS (22) RP 1 E

Original: English

REPORT

FOR THE GENERAL COMMITTEE ON

POLITICAL AFFAIRS AND SECURITY

Defence of the OSCE Principles and Commitments Amidst

Unprecedented Military Hostilities in the OSCE Region

RAPPORTEUR

Mr. Laurynas Kasciunas

Lithuania

BIRMINGHAM, 2

–

6 JULY 2022

OSCE, Alm.del - 2021-22 - Bilag 19: OSCE PA Practical and procedural information og udkast til rapporter og resolutionstekster for de 3 komiteer i forbindelse med dette års Annual Session

REPORT

FOR THE GENERAL COMMITTEE ON

POLITICAL AFFAIRS AND SECURITY

Rapporteur: Mr. Laurynas Kasčiūnas (Lithuania)

Introduction

The world as we know it today, the European security order we have been living in so

far, the OSCE we are used to working with, are under attack. We face the clash of two

absolutely different realities.

There is one reality – our reality – where democratic values, respect for human rights

and fundamental freedoms prevail, where international law is respected, and where

diplomacy and co-operation are always chosen as the only means to advance

countries’ foreign policy objectives. Our reality, where we witness that millions of

people across their own country, Ukraine, in the very heart of Europe, fight for ideals

and values which are anchored in the OSCE’s founding documents and commitments.

Our reality, where millions of people are ready to sacrifice their lives to defend the

independence and sovereignty of their country. In this dedicated pursuit of peace,

security, and justice for their own country and all of Europe, thousands of innocent

people and children have lost their lives. The people of Ukraine, but also the people

of Georgia and the Republic of Moldova, have dedicated their lives to fighting for their

inherent rights and freedoms, political independence, and the sovereignty and integrity

of the frontiers of their country. In the meantime, Ukraine is at the front line of this

courageous fight, the outcome of which will define the destiny of the security order

contours in the OSCE region.

Regretfully, there is another reality, the brutal one. The unlawful reality in which we

observe the absolute disregard for human life and human dignity and the absence of

commitment by participating States to the ideals and principles of the OSCE. We

witness States who choose to entirely reject the fundamental principles of this

Organization and favour waging unprovoked war and States that refuse to co-operate

under the Vienna Document and adhere to the mechanism of Risk Reduction. This

unwillingness to fulfil previously undertaken responsibilities eventually translates into

the flagrant breach of OSCE commitments and dismantles the very basis of the

European security architecture. Within this fragile reality, we witness the perpetration

of gross human rights violations, repression of political opposition and independent

civil society, the instrumentalization of migrants, and the utilization of destabilizing

cyber and other kinds of hybrid warfare. Such determination to violate and deviate

from the common values and principles and the over-reliance on the use of force and

mutual acquisitions only exacerbates an already complex security situation, while

risking returning the OSCE region to the adversity of past times.

In order to reconcile these two different realities, there is a need to recommit to OSCE

principles; namely, in the dimension of political affairs and security, but also to make

a very critical self-assessment of what has led to this situation. These unprecedented,

heightened tensions, military aggression, and mounting unconventional threats can be

OSCE, Alm.del - 2021-22 - Bilag 19: OSCE PA Practical and procedural information og udkast til rapporter og resolutionstekster for de 3 komiteer i forbindelse med dette års Annual Session

averted only when all OSCE participating States and nations persistently contribute

towards upholding the Helsinki principles in full conformity with international law. This

may also bring a unique opportunity for us to recharge the OSCE and make it stronger

and more efficient, resilient to the attempts by one or two OSCE participating States

that are trying to take the Organization hostage. In this report, I outline the key pressing

security challenges which are having a detrimental effect on European security,

alongside the OSCE’s unique tools and frameworks that should be employed to

alleviate the unfolding conflicts and crises and enable conditions for immediate and

long-lasting stabilization, peace, and security across the OSCE region.

Ongoing Military Aggression and Protracted Conflicts

The whole of the OSCE region is engulfed in prolonged conflicts and escalating armed

threats. Within our region, alarming developments in several of our participating States

have the potential to have a lasting effect on European security.

Over the past few decades, the whole of Europe has been shaken by one of the most

dramatic shifts in the security and political calculus in Europe. The advent of the

Russian aggression against Georgia, the Republic of Moldova, and now Ukraine, has

blatantly violated the fundamentals of international law.

The Russian Federation’s Invasion of Ukraine

2022 has become a repugnant year when the OSCE region was shaken by the

eruption of the largest military invasion since WWII. The entire OSCE community once

again experienced the worst feeling that one might encounter about the historical

record - the sense of

déjà vu.

After eight years of the Russian Federation’s occupation

and illegal annexation of Crimea and the start of Russia’s war against Ukraine, Russia

has launched a full-scale war of aggression against Ukraine. And Belarus, another

OSCE participating State and neighbor of Ukraine, is shamefully helping Russia in

this. Large explosions targeted Kyiv, Kharkiv, Mariupol, Chernihiv, Zhytomyr, Lviv,

Dnipro, and many other cities of Ukraine. The wanton airstrikes have severely hit

civilian buildings, schools, and maternity hospitals, nuclear facilities, and many other

national critical infrastructures, causing numerous civilian deaths, including a tally of

children killed, and displacing millions of people. Each day of the war reveals mounting

evidence of new horrific scenes and massive war crimes, perpetrated by Russian

forces in Bucha, Irpin, Borodyanka, Mariupol, Kramatorsk, and many other Ukrainian

cities. Aggravating the humanitarian crisis, engineering blockades and starvation, and

seizing humanitarian aid, while putting civilians and non-combatants on the frontline

in a deliberate manner constitute Russia’s warfare tactics.

We condemn in the strongest terms all acts of war crimes and crimes against humanity

committed by the Russian Federation against the people of Ukraine. In an attempt to

ensure that all these war crimes and crimes against humanity are duly registered and

those responsible are brought to account, on March 3

, 45 OSCE participating States,

supported by Ukraine, initiated the OSCE Moscow Mechanism. The OSCE PA

welcomes the findings of the report ‘On Violation of International Humanitarian and

Human Rights Law, War Crimes Against Humanity Committed in Ukraine Since 24

February 2022,’ prepared by three independent experts (released on 13 April 2022)

and considers that these findings might also contribute to establishing political

OSCE, Alm.del - 2021-22 - Bilag 19: OSCE PA Practical and procedural information og udkast til rapporter og resolutionstekster for de 3 komiteer i forbindelse med dette års Annual Session

accountability for the committed violations. The Russian Federation should face an

international tribunal and accountability mechanisms. Therefore, we support any

investigative initiative launched by the international community to collect and

safeguard evidence of the illegal perpetration, including the independent international

Commission of Inquiry mandated by the UN Human Rights Council and the work of

the Prosecutor of the International Criminal Court.

Regretfully, this barbaric war happening on European soil has brought devastating

security, economic, and humanitarian consequences to the whole OSCE region. In the

meantime, within the OSCE, and especially here within the OSCE PA, serving the

interests of our constituents, we are jointly responsible for how we handle this war and

ensure that there is accountability for those States and individuals that commit war

crimes and crimes against humanity and attempt to violate the sovereignty and

territorial integrity of another State.

Russia’s declaration of a full-scale war is an unlawful and unjustifiable attempt to

undermine the independence and sovereignty of Ukraine. Russia’s invasion of Ukraine

represents an unprecedented danger for all three dimensions of the comprehensive

security for Ukraine as well as for our common security order. In this regard, we urge

Russia to respect the verdict of the International Court of Justice which underscores

the Russian Federation’s responsibility for waging this unlawful war and orders Russia

to immediately suspend military operation commenced on the territory of Ukraine on

24 February 2022.

Likewise, we support the investigation started by the International

Criminal Court, as well as all other international efforts in this regard. We also welcome

the adoption of the UN General Assembly Resolution on Aggression against Ukraine

which demands that Russia “immediately, completely and unconditionally withdraw all

of its military forces from the territory of Ukraine within its internationally recognized

borders.”

Then and now, in the face of a military escalation across the OSCE region, we are

unified in our determination to bring an end to this brutal and unprovoked war. On this

point, I would like to once again reiterate our unwavering support for Ukraine, its

independence, its unity, its sovereignty and territorial integrity within its internationally

recognized borders and territorial waters, and its right to freely pursue and choose its

own security arrangements.

Let me use this opportunity to express my appreciation for the long-standing, brave

and rigorous work of the OSCE Special Monitoring Mission in Ukraine, which

continuously and impartially reported on the security situation on the ground despite

the increased volatility and obstruction of their monitoring and reporting mandate. In a

perilous and uncertain time, the fact-based work of the SMM is an integral contribution

to lasting peace in Ukraine and the OSCE region, and therefore, we would like to call

for the resumption of the Mission's mandate as the security situation in the country

permits.

As guardians of democracy, international law, and OSCE principles, the members of

the General Committee on Political Affairs and Security urge Russia to immediately

ICJ, Order ALLEGATIONS OF GENOCIDE UNDER THE CONVENTION ON THE PREVENTION

AND PUNISHMENT OF THE CRIME OF GENOCIDE (UKRAINE v. RUSSIAN FEDERATION)

https://www.icj-cij.org/public/files/case-related/182/182-20220316-ORD-01-00-EN.pdf

OSCE, Alm.del - 2021-22 - Bilag 19: OSCE PA Practical and procedural information og udkast til rapporter og resolutionstekster for de 3 komiteer i forbindelse med dette års Annual Session

cease all military hostilities in Ukraine, withdraw its forces from Ukraine’s territory

within internationally recognized borders, followed by diplomacy and negotiations to

reach a lasting and peaceful solution. We will insist that our governments maintain the

sanction regime and other crippling restrictions until the sovereignty and territorial

integrity of Ukraine is fully restored. Finally, the members of the General Committee

on Political Affairs and Security condemn Belarus, which has also joined Russia’s

aggressive stance against Ukraine and facilitated this military incursion. Because of

this, Belarus has no moral authority to chair OSCE’s Forum for Security Co-operation

in the 2

trimester of this year.

I wish to commend the brave people of Russia and Belarus, who despite the threat of

long-term imprisonment, apply all means at their disposal to protest against this war

by their governments against Ukraine. I also condemn in strongest possible terms all

those attempts to silence them, including prominent opposition leader Vladimir Kara-

Murza, close associate of Boris Nemtsov and one of the truest believers in the OSCE

Parliamentary Assembly. My message to him and to everyone illegally detained there

is: “Keep strong! Your struggle for peace is what we share! We will spare no effort until

this war is over and all of you are freed too!”

As was rightly emphasized by OSCE Secretary General Helga Maria Schmid on the

margins of the 28th Ministerial Council in Stockholm, the OSCE has played a crucial

role in averting and responding to conflicts and crises like these. On the same

occasion, OSCE PA President Margareta Cederfelt reminded us all that the OSCE

has been trusted as the most effective instrument in our arsenal to create the

conditions for dialogue and co-operation. Therefore, I urge the OSCE executive

structures to employ all existing mechanisms to jointly act in this decisive moment for

the whole OSCE region. There can never be too many efforts to end the war and to

preserve peace, no matter how fragile it is.

Smouldering Conflict in Georgia

The Russian Federation has persisted in its aggression and violence beyond Ukraine

on numerous occasions, which has also culminated in Georgia, bringing devastating

consequences to this region and its population. Within the OSCE PA, as members of

the General Committee on Political Affairs and Security, we welcome the OSCE Polish

Chairmanship’s priority to contribute towards a peaceful and sustainable resolution of

the conflict in Georgia.

Demonstrating the value of existing OSCE mechanisms, the participants in the

Geneva International Discussions held several rounds of talks over the past few

months, seeking to address all pertinent issues of the Russia-Georgia conflict,

including the most pressing concerns of conflict-affected populations in Georgia’s

regions of Abkhazia and Tskhinvali. This allowed effective exchanges on health

measures amid the COVID-19 pandemic and restrictions on freedom of movement,

but unfortunately still failed to resolve disagreements about the plight of refugees and

internally displaced persons. Another effective and practical OSCE mechanism is the

Incident Prevention and Response Mechanism Meetings in Ergneti, which continue to

be used to raise and address issues of concern.

OSCE, Alm.del - 2021-22 - Bilag 19: OSCE PA Practical and procedural information og udkast til rapporter og resolutionstekster for de 3 komiteer i forbindelse med dette års Annual Session

Furthermore, Russia continues to strengthen its military presence in the occupied

parts of Georgia and to deepen the

de facto

integration of these Georgian regions into

Russia. This recognition of the so-called independence of the occupied territories of

Georgia must be reversed.

The settlement of the Russia-Georgia conflict still requires a balanced approach that

rests on the full implementation of the six-point EU-mediated ceasefire agreement of

August 2008. We call on the Russian Federation to bring to an end to its systematic

infringements of human rights, fulfil its obligations under the ceasefire agreement, and

implement the decision of the European Court of Human Rights of January 2021.

Transdniestrian Conflict

With regard to the Transdniestrian conflict, attempts at conflict resolution within the

5+2 format have stalled. At the 28th Ministerial Council, in their Statements on the

negotiations on the Transdniestrian Settlement Process, dignitaries once again

expressed their strong support for ongoing mediation efforts, but any such meeting

under the Swedish Chairmanship was not possible, despite strong diplomatic

engagement. Russia’s political and economic pressure on the pro-European and pro-

reformist government in Chisinau, including by means of energy blackmailing, also

played a negative role in this. I also deplore any attempt to destabilize the situation in

the Republic of Moldova and to drag this country into Russia’s war of aggression

against Ukraine. Let me use this opportunity to encourage all actors involved in the

5+2 format to engage in the negotiation process at all levels and make use of collective

co-operation within the parameters of a comprehensive settlement.

Ensuring Security and Stability in the South Caucasus Region

Within the OSCE, the Minsk Group has worked diligently to facilitate direct dialogue

between Armenia and Azerbaijan and promote confidence-building between them to

resolve numerous post-conflict issues, with the full support of the previous Swedish

and incumbent Polish Chairmanships. A political solution to the post-conflict issues

remains to be facilitated, yet relative progress can be seen regarding a number of

matters, demonstrated by the exchanges of mine maps and prisoners, the start of

discussions on the unblocking of transport links and border delimitation, as well as the

establishment of a direct line of communication across the line of contact. However,

further significant advancement on other issues is still outstanding.

On the margins of the 28th Ministerial Council, through Joint Statements, the OSCE

Minsk Group Co-Chair countries urged Armenia and Azerbaijan to abstain from

inflammatory rhetoric and provocative actions and encouraged all parties to continue

result-oriented dialogue to make progress on humanitarian issues, and establish

lasting security and sustainable development in the South Caucasus region. We,

within the OSCE PA, must call on both sides to work together to settle disputes

regarding the demarcation of the border and the restoration of economic and transport

links and to desist from any further antagonistic incitement that would hinder such co-

operation.

OSCE, Alm.del - 2021-22 - Bilag 19: OSCE PA Practical and procedural information og udkast til rapporter og resolutionstekster for de 3 komiteer i forbindelse med dette års Annual Session

Deteriorating Security in Adjoining Regions

At the same time, we cannot ignore the fact that our common security is contingent on

adjoining regions. Principal among these is the situation in Afghanistan, an OSCE

Partner for Co-operation since 2003. The OSCE PA has been closely following recent

events, including by dedicating the parliamentary conference during the 2021 Autumn

Meeting to the current security challenges in that country.

Issues regarding border security affect not only Central Asia but all of us. While it is

imperative to respect the truly ravaged population’s right to seek asylum, the OSCE

must swiftly and efficiently respond to growing cross-border threats, whether that be

the re-emergence of transnational organized crime, the export of radicalization and

violent extremism, the illicit trafficking of drugs and weapons, or the shameful

instrumentalization of illegal migrants. The situation at the border between Belarus and

the EU Member States is far from being normalized, despite commendable efforts by

the Latvian, Lithuanian, and Polish governments. We once again urge Belarus to stop

instrumentalizing illegal migrants for political purposes and to start implementing their

respective international commitments with regard to border security and management,

including those undertaken within OSCE, in their letter and in spirit.

It must be noted that the OSCE already boasts several field missions within Central

Asia, which have undertaken a number of initiatives to help counter such trends. The

OSCE PA must be ready to continue to assist in such efforts, whether it be through

the further mediation of our Special Representative on Central Asia, Pia Kauma, or

dedicated platforms like the Ad Hoc Committee on Countering Terrorism, led by

Reinhold Lopatka, or the Ad Hoc Committee on Migration, led by Kristian Vigenin.

Simultaneously, there is a growing awareness of the importance of the Mediterranean

region. As called for by the dignitaries at the 25

Ministerial Council in the Declaration

on Security and Co-operation, the OSCE must act to intensify its work with its Partners

for Co-operation (Algeria, Egypt, Israel, Jordan, Morocco, and Tunisia) to address the

closely interlinked phenomena of illicit human trafficking, transnational organized

crime, and the financing of terrorism. The OSCE PA can contribute to this undertaking

through promoting a concerted regional focus, as it has done at the Annual

Mediterranean Forum, and supporting the engagement of its Special Representative

on Mediterranean Affairs Pascal Allizard.

After all, it is our duty, as parliamentarians, to persist in our attempts to protect and

promote our citizens’ interests, by urging our governments to engage in peaceful

dialogue and conflict resolution. As intermediaries between the populace and the

executive, we must do our very best to demand adherence to the fundamentals of

international law.

Emerging Non-Military Security Threats

While these regional armed hostilities and incursions continue, the sheer amount of

additional mounting threats to our common security order has simultaneously not

vanished. The convergence of conventional tools and emerging technological

advancements has generated new security trends which are unlikely to abate in the

coming years. Gone are the days when military attacks constituted the only paramount

OSCE, Alm.del - 2021-22 - Bilag 19: OSCE PA Practical and procedural information og udkast til rapporter og resolutionstekster for de 3 komiteer i forbindelse med dette års Annual Session

threat to our stability. The era of hybrid warfare strategies has invited novel

destabilizing tactics which result in catastrophic implications for the security dimension

of the OSCE area.

On numerous occasions over the last few years, we have witnessed how offensive

hybrid strategies were orchestrated across and against OSCE participating States.

These strategies range from the weaponization of energy flows, illicit financial

operations, and subversion of independent political and social organizations to

attempts to engineer a migrant crisis at OSCE borders, disruptive cyberattacks against

critical infrastructure, and proliferation of disinformation operations. In particular, cyber

intrusion of critical and civilian infrastructure remains one of the most prevailing

components of any modern warfare. Perpetrators targeted financial entities,

telecommunication systems, oil and energy companies, military and intelligence units,

healthcare facilities, railway stations, and election systems. All of these have been

severely disrupted by cyberattacks across the OSCE region.

This non-military hybrid warfare served malevolent political ends to bring about

destabilization in the OSCE region. To that end, an exponential increase of such hybrid

transnational attacks requires our national authorities to recognize the threat

emanating from sophisticated modern threats and progressively implement non-

military confidence-building measures. Bearing this in mind, the OSCE has already

been at the forefront of bolstering region-wide cyber security, resilience and capacities

to establish a greater degree of accountability and transparency in cyberspace. In this

respect, the OSCE has been a trailblazer in scrutinizing the robust cyber/ICT security

confidence-building measures which are designed to reduce the risks of conflict

stemming from the use of information and communication technologies which are

enshrined in the Permanent Council Decisions Nos. 1039, 1106 and 1202.

The participating States are encouraged to operationalize confidence-building

measures so as to enhance the cyber resilience of their national critical infrastructure

and promote responsible behaviour and international co-operation in the cyber

dimension of the OSCE region. On a final note, the emerging cyber realm is not

confined to exclusively inter-state relations, and thus participating States are

encouraged to ensure a democratic and human-centered approach in the oversight

and protection of the cyber domain and its infrastructure.

In conclusion, one should not forget that conventional threats still prevail while posing

a danger to our common security. Hence, in recognition of the worsening security risks

emanating from illicit small arms and light weapons, we should ensure military

transparency by providing better compliance with arms control and confidence-

building frameworks in the OSCE region, including an adaptation of the long-delayed

Vienna Document to include new realities unfolding on the ground, and a revitalisation

of the Open Skies Treaty.

The Era of Retreating Democracy and Prevailing Unilateralism

The resurgence of animosities and authoritarianism coupled with the plethora of

transnational security threats has resulted in the dismantling of democratic institutions

and erosion of democratic rule-based order.

As has been reported by Freedom House,

OSCE, Alm.del - 2021-22 - Bilag 19: OSCE PA Practical and procedural information og udkast til rapporter og resolutionstekster for de 3 komiteer i forbindelse med dette års Annual Session

democratic backsliding has been increasing worldwide for 16 consecutive years.

Whether in Europe, the Middle East, or any other hotspot, the world has become a

less democratic place.

The OSCE was founded to work towards building not only secure and peaceful

societies but also flourishing democracies. However, in the present day, democracy in

the OSCE region has been systematically paralyzed by the

undemocratic practices

and repressive action of political opponents, abuse of human rights and freedoms, and

dangerous attempts to bypass parliamentary and legislative scrutiny and marginalize

the power of parliament. Instead of contributing toward democratic erosion, the OSCE

community should co-operate in solidarity towards enhancing robust and viable

democracy, while supporting the efforts of the Office for Democratic Institutions and

Human Rights, the High Commissioner on National Minorities, and the Representative

on Freedom of the Media in bolstering sustainable democratic institutions. Lasting and

comprehensive peace and stability in the OSCE region can only be achieved when

the faith in democratic governance is restored and well-functioning democratic

institutions prevail over the use of military power and means. In this context, I wish to

once again condemn in the strongest possible terms the continued unprecedented

repression by the regime in Minsk against the people of Belarus. This must be stopped

immediately!

It is also timely to revive faith in multilateral co-ordination and international co-

operation, which has been deliberately neglected and circumvented. Prevailing

unilateral actions only exacerbate the existing threats and instabilities, instead of

promoting lasting security and peaceful solutions. The rule-based international order

and co-ordinated multilateralism have proved on many occasions to be an added value

in achieving comprehensive and sustainable security. As parliamentarians, we have

been charged with powers to provide oversight of the governments and set agendas

that should advance effective multilateralism which remains a driving force in

mitigating modern global security dangers.

Prioritization of the Human Sphere

Against this backdrop, the Chairperson-in-Office, Polish Foreign Minister Zbigniew

Rau, has reminded participating States of the collective responsibility to advance the

Human Dimension in establishing peace and stability.

Civilians, including women, youth, and children, constitute the most vulnerable group

adversely affected by protracted conflicts and military hostilities. As such, their

involvement in conflict prevention and resolution, as recognized by the work of Special

Representative on Gender Issues Hedy Fry and Special Representative on Youth

Engagement Farah Karimi, is indispensable. Therefore, guided by the United Nations

Security Council Resolution 1325, which recognizes the importance of women's equal

participation in maintaining and promoting peace and security at all levels, the Women,

Peace and Security agenda should constitute an integral component of the OSCE’s

comprehensive and inclusive security. Likewise, in line with the

UN Security Council

Resolution 2250 on Youth, Peace and Security, we should ensure that youth is

Freedom House, Freedom in the World 2022: The Global Expansion of Authoritarian Rule, available at:

https://freedomhouse.org/report/freedom-world/2022/global-expansion-authoritarian-rule

OSCE, Alm.del - 2021-22 - Bilag 19: OSCE PA Practical and procedural information og udkast til rapporter og resolutionstekster for de 3 komiteer i forbindelse med dette års Annual Session

engaged in the decision-making process

at the local, national and international levels.

The OSCE PA, as a unique platform for inter-parliamentary dialogue, can complement

traditional diplomatic channels in averting future crises by giving a voice to the

marginalized and oppressed. One should not forget that the OSCE stands for all

segments of society, it falls upon us to oversee our governments’ adherence to the

spirit of inclusivity, democracy, and security as enshrined in the Helsinki Final Act and

the Charter of Paris.

Disclaimer:

The report was prepared in mid-April of 2022, and thus reflects solely the

events and incidents that took place prior to that period. This report does not take into

account any events that occurred after mid-April 2022.