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) DRS 3 E

Original: English

DRAFT RESOLUTION

FOR THE GENERAL COMMITTEE ON

DEMOCRACY, HUMAN RIGHTS AND

HUMANITARIAN QUESTIONS

“Human

Security for All as a Basis for

European Security”

RAPPORTEUR

Mr. Johan Buser

Sweden

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

DRAFT RESOLUTION FOR THE GENERAL COMMITTEE ON

DEMOCRACY, HUMAN RIGHTS AND HUMANITARIAN QUESTIONS

“Human Security for All as a Basis for European Security”

Rapporteur: Mr. Johan Buser (Sweden)

Acknowledging that for many people within the OSCE region, respect for

fundamental freedoms and human rights, as agreed in the Helsinki Final Act and

other key OSCE documents, remains an unfulfilled promise,

Recognizing that the COVID-19 pandemic produced a further strain on respect

for human rights and democratic principles, negatively impacted gender equality,

and further exacerbated socio-economic disparities between many groups in our

societies,

Extremely concerned that the unprovoked attack by Russian Federation forces

upon the people of Ukraine has once again brought war to the centre of Europe

and resulted in countless casualties and displaced persons,

Reiterating that international humanitarian law must be respected and that

access to humanitarian aid is a fundamental right of people living in conflict zones

and people on the move,

Recognizing that a vibrant civil society, independent of state structures and free

from their interference, is vital to a stable and prosperous society, and that non-

governmental organizations are important avenues for voicing public opinions

and shaping policies and serve as key partners for parliamentarians,

Concerned by efforts in some participating States to extend state control over or

increase regulation of the actions of civil society and non-governmental

organizations,

Disturbed that in many OSCE participating States women remain under-

represented in political life, and further disturbed by a resurgence of patriarchal-

based policies in some participating States,

Noting with regret that discrimination on the basis of race, gender identity,

religion, ethnicity, sexual orientation, and other grounds remains a real factor

impacting minority communities in all OSCE participating States,

Expressing deep concern regarding a continued increase in the number of

political prisoners across the OSCE region, including cases of activists and public

figures being detained, arrested, convicted, and otherwise punished for political

motives, as well as all other citizens who have faced similar retaliation for nothing

more than acting upon their rights and freedoms as contained in the Helsinki

Final Act,

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

10. Deeply convinced that independent media and an open exchange of information

and views, with minimal state regulation, are fundamental to a healthy, informed

and secure society, accountable systems of government and a democratic state,

11. Concerned with the mass circulation of disinformation, accelerated by

technological advances, and noting with deep concern that some participating

States have used state media to distribute disinformation and evidently false

narratives,

12. Noting with regret that intimidation and violence against journalists and media

actors, in particular women and those experiencing marginalization, continues to

pose a serious threat to the democratic functioning of our societies, and mindful

of the responsibility that state representatives, including parliamentarians, have

in condemning the targeting of journalists,

13. Determined to correct deficiencies in the respect for the human rights of our

populations,

The OSCE Parliamentary Assembly:

14. Condemns the invasion of Ukraine by the Government of the Russian Federation

under false pretences, as a flagrant violation not only of the sovereignty of

Ukraine and its territorial integrity, but as an attack against the human rights and

fundamental freedoms, most notably of the right to life, of the people of Ukraine;

15. Stresses that the need for increased focus and military spending that

participating States may feel necessary as a result of the Russian Federation’s

attack and disregard for the founding principles of the OSCE should not come at

the expense of the socio-economic well-being and human security of their

population;

16. Calls upon the OSCE Secretariat and participating States to continuously monitor

the situation in Ukraine with an aim to redeploying a strong OSCE presence in

Ukraine to help ensure the security of and support for the humanitarian needs of

its population;

17. Firmly condemns the targeting of civilians as part of the war in Ukraine, including

apparent mass killings in the cities of Bucha and Borodyanka, and calls for all

war crimes to be fully investigated and for those responsible to be held

accountable;

18. Welcomes the report of the OSCE Moscow Mechanism experts as an important

contribution to understanding the human rights violations caused by the war in

Ukraine, and urges further authoritative investigations into any and all violations;

19. Urges all military forces to enable full access by humanitarian aid agencies to all

persons impacted by the warfare in Ukraine, including full access to Crimea,

Donetsk and Luhansk regions of Ukraine;

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

20. Stresses that sanctions imposed by many OSCE participating States on the

Russian Federation for its aggression against Ukraine are targeted against the

leaders of the Russian Federation and not against the Russian people, whose

views are not effectively represented due to the undemocratic processes of the

modern Russian state;

21. Welcomes the extraordinary efforts of Ukrainian and neighbouring governments

and people to house and care for the millions of innocent people displaced by

the war in Ukraine and the strong support and assistance by participating States

across the OSCE region;

22. Expresses its appreciation to the many OSCE participating States that have

facilitated processes for resettlement of refugees displaced by the war, and

recalls that such efforts should be in addition to, rather than replace, existing

resettlement programmes for persons in need of protection from across the

world;

23. Recognizes with regret the devastating impact that conflict has on populations

long after open hostilities have ended, and urges increased diplomatic efforts to

find lasting peaceful solutions to protracted conflicts in the OSCE area;

24. Calls upon participating States to prioritize a burden-sharing approach towards

asylum-seekers, placing the well-being of vulnerable people at the centre of

policy responses, regardless of the origins of the migrants;

25. Recognizes the particular risks faced by vulnerable groups, in particular women

and children, of falling victim to human trafficking, and calls upon all participating

States to review and, where relevant, implement the recommendations of the

OSCE Special Representative and Co-ordinator for Combating Trafficking in

Human Beings;

26. Affirms the right of all persons to seek asylum, and condemns the increase in

“pushbacks” of asylum seekers in several participating States as a breach of law

and of their basic human rights;

27. Stresses that the provision of life-saving aid must never be criminalized,

applauds the invaluable work carried out by non-governmental organizations and

faith-based initiatives to provide humanitarian support to migrants and refugees,

and calls on all participating States to ensure that their legal frameworks facilitate

and protect the provision of such support by individuals and groups;

28. Reaffirms that non-governmental organizations are an important organizing

mechanism for civil society, and should be able to function with only the minimal

amount of regulation required by law to serve their purposes;

29. Regrets the increasing use of administrative, legislative, and legal tools to curtail

the independence of non-governmental organizations and civil society in some

participating States, including the application of overly burdensome registration

and taxation regulations, excessive requirements for physical offices, application

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

of inappropriate disparaging labels such as ‘foreign agents’, and spurious

prosecution efforts;

30. Calls upon all OSCE participating States to undertake regular reviews of

legislation related to the registration and regulation of the work of non-

governmental organizations in co-operation with experts from the OSCE/ODIHR

to ensure compliance with human rights standards;

31. Reaffirms the important role that an independent judiciary plays in a democratic

society, and condemns the efforts in a number of participating States to

undermine the independence of judicial systems as a serious and systemic

attack on peoples’ full enjoyment of their human rights;

32. Deplores that women politicians and women journalists are regularly subjected

to harassment and discrimination both online and offline, and recognizes this

trend as a serious impediment to true gender equality in the OSCE region;

33. Expresses its appreciation to the OSCE/ODIHR for its work supporting the

realization of gender sensitive parliaments, as well as to the office of the OSCE

Representative on Freedom of the Media for its work related to the safety of

female journalists, and calls upon all members of the OSCE PA to engage with

and meaningfully support such efforts;

34. Notes that the lack of comprehensive data related to hate crimes limits the

capacity for participating States and the OSCE to address these abhorrent

crimes;

35. Urges all OSCE participating States to increase awareness-raising efforts about

the special nature of hate crimes, including for criminal justice officials, and to

strengthen their support systems for victims of hate crimes in close co-operation

with civil society organizations;

36. Calls upon all participating States to work with the OSCE/ODIHR to improve the

mechanisms they use to record hate crimes and collect data, and to report at a

minimum data based on the following bias motivations: racist and xenophobic

crimes, anti-Roma crimes, anti-Semitic crimes, anti-Muslim crimes, anti-Christian

crimes, other crimes based on religion or belief, gender-based crimes, anti-

lesbian, gay, bisexual, transgender and intersex (LGBTI)

crimes, and disability-

related crimes;

37. Encourages all Members of the OSCE Parliamentary Assembly to publicly

condemn hate crimes any time they occur, particularly in their own countries, and

to work within their own parliaments to ensure that legislation recognizes the bias

motivation in hate crimes and that adequate penalties are imposed on

perpetrators;

38. Notes the importance of Governments publicly recognizing State responsibility

for historical crimes and injustices committed particularly against indigenous

peoples as an important element in restorative justice;

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

39. Recalls its endorsement at the 2014 Annual Session of the adoption by the

Parliamentary Assembly of the Council of Europe of a resolution confirming the

definition of political prisoners;

40. Calls on the OSCE and its institutions, as well as the participating States

themselves, to focus greater attention on the issue of political imprisonment as a

violation of the human rights and fundamental freedoms enumerated in Principle

VII of the Helsinki Final Act and developed in subsequent commitments adopted

by the OSCE, and further to seek to raise their concerns about political

imprisonment directly;

41. Affirms the fundamental right of individuals, institutions and organizations, while

respecting intellectual property rights, to obtain, possess, reproduce and

distribute information material of all kinds, both online and offline, and reminds

participating States that they should remove any restrictions inconsistent with

these rights;

42. Concerned by the use of administrative, legislative, and legal tools to limit the

independence of the media in some countries, and calls on all participating

States to review legislation related to the media in consultation with the Office of

the Representative on Freedom of the Media to ensure compliance with human

rights standards;

43. Further affirms that everyone shall have the right of peaceful assembly and

demonstration, online and offline, and reminds participating States that any

restrictions placed on the exercise of these rights, including for public health

reasons, must be time-limited and directly related to the specific need on which

they are predicated;

44. Considers that actions to restrict human rights and fundamental freedoms, even

if endorsed through legislation, remain problematic, and calls upon participating

States to regularly review legislation impacting fundamental freedoms in co-

operation with the OSCE/ODIHR, the OSCE Representative on Freedom of the

Media, and other expert bodies;

45. Encourages OSCE Parliamentary Assembly members to initiate reviews of their

national legislation to ensure that the freedom of assembly, association,

conscience, and expression are subject to the same protections online as in the

offline world;

46. Notes the importance of transparency of information on media organizations, and

calls upon OSCE participating States to review their legislation related to media

outlets to ensure that members of the public and civil society can readily inform

themselves about ownership and funding of media organizations;

47. Concerned by the increasing negative impact of disinformation from both public

and state sources in the OSCE region, therefore calls upon all OSCE

participating States to act in accordance with the General Principles outlined in

the March 2017 Joint Declaration on Freedom of Expression and “Fake News,”

Disinformation and Propaganda of the United Nations Special Rapporteur on

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

Freedom of Opinion and Expression, the OSCE Representative on Freedom of

the Media, the Organization of American States Special Rapporteur on Freedom

of Expression and the African Commission on Human and Peoples’ Rights

Special Rapporteur on Freedom of Expression and Access to Information.

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

GENERAL COMMITTEE ON

DEMOCRACY, HUMAN RIGHTS AND HUMANITARIAN QUESTIONS

PROPOSED AMENDMENT to the DRAFT RESOLUTION

[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