OSCE, Alm.del - 2022-23 (2. samling) - Bilag 29: Reports and Draft Resolutions of the Three Committees of the OSCE PA

OSCEs Parlamentariske Forsamling 2022-23 (2. samling)
OSCE Alm.del Bilag 29
Offentligt

AS (23) RP 1 E

Original: English

REPORT

FOR THE GENERAL COMMITTEE ON

POLITICAL AFFAIRS AND SECURITY

Strengthening Regional Security by Fostering

Democratic and Inclusive Societies:

The Role of the OSCE PA

RAPPORTEUR

Mr. Laurynas Kasciunas

Lithuania

VANCOUVER, 30 JUNE

–

4 JULY 2023

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 29: Reports and Draft Resolutions of the Three Committees of the OSCE PA

REPORT FOR THE GENERAL COMMITTEE

ON POLITICAL AFFAIRS AND SECURITY

Raporteur: Mr. Laurynas Kasčiūnas (Lithuania)

Russian War of Aggression in Ukraine

While conflicts across the OSCE area have been erupting throughout the entire history of the

OSCE, Russia’s war of aggression against Ukraine remains the greatest bleeding wound of the

European continent, as well as the most serious challenge to European security since the end of

World War II in Europe in 1945. Regrettably, there is no indication that Russia is inclined to put

an end to it.

Therefore, the work and the word of our Assembly should relentlessly condemn the war of

aggression by Russia against Ukraine and focus on the role of the OSCE and its Parliamentary

Assembly in assisting Ukraine to defend itself.

Since its setup in 1975, the OSCE has been offering a unique platform – both at governmental

and parliamentary levels – to address relevant security issues across all three dimensions. It was

everyone’s shared understanding that dialogue and co-operation among States would ensure that

Europe would no longer face wars and all the human suffering and destruction they entail.

Regretfully, the Russian Federation, with the support of the Republic of Belarus, chose another

path – the path of violence and use of force. This path violates and neglects international law

principles and norms, including the United Nations (UN) Charter, the Helsinki Final Act, and

the Charter of Paris.

When the Russian Federation amassed its troops at its borders with Ukraine, Polish Minister of

Foreign Affairs, Mr Zbigniew Rau, the OSCE Chairman-in-Office in 2022, offered an additional

platform for dialogue and diplomacy to prevent the war. On February 8, 2022, during the

inaugural meeting of the OSCE’s Renewed European Security Dialogue held in Vienna, all

OSCE participating States, except Russia and Belarus, reconfirmed their commitment to OSCE

founding principles and their standing in readiness to address relevant security issues through

dialogue in a comprehensive way.

Throughout last winter, Russian forces targeted Ukrainian energy and heating infrastructure,

undermining the individual security of every Ukrainian. The situation around Zaporizhzhia

Nuclear Power Plant is also very alarming and creates an unprecedented risk of nuclear and

environmental disaster. This weaponization of energy must be condemned. On the other hand,

we can observe a disturbing deterioration of the situation with nuclear threats fueled by

threatening rhetoric of the Russian Federation and its withdrawal from international nuclear non-

proliferation agreements. In these difficult times, the international community should

demonstrate the highest possible level of solidarity and unity in its commitments to global

security in nuclear non-proliferation and disarmament.

According to credible and alarming reports, for the past 17 months and at this very moment, with

unthinkable brutality and cruelty, Russian armed forces are destroying Ukrainian towns,

residential buildings, schools and hospitals, intentionally targeting, torturing, raping and killing

thousands of innocent civilians, including children. These acts might be considered as war

crimes, crimes against humanity or genocide. The OSCE Parliamentary Assembly must highlight

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 29: Reports and Draft Resolutions of the Three Committees of the OSCE PA

the disproportionate impact of the war on the displaced population, in particular women and

children. In this regard, the focus of the work of the Ad Hoc Committee on Migration on these

issues is crucial.

The scale of Russia's atrocities committed in Ukraine since 24 February 2022, is extremely

alarming. As of April 3, 2023, the Office of the Ukrainian Prosecutor General has already

documented over 76,000 criminal cases, and this number continues to climb every day. As

Ukraine continues liberating all of its territories currently occupied by Russia, criminal acts

carried out by the Russian Federation will continue to be documented further.

The results of proper investigation and documentation of crimes committed by the Russian

Federation in Ukraine can already be seen. On March 17, 2023, the International Criminal Court

issued two arrest warrants for war crimes committed by Russia against Ukraine. Mr. Vladimir

Putin, President of Russia, and Ms. Maria Lvova-Belova, Commissioner for Children’s Rights

in the Office of the President of Russia, are now wanted persons, allegedly responsible for the

war crime of unlawful deportation of population (children) and that of unlawful transfer of

population (children) from occupied areas of Ukraine to the Russian Federation. On March 16,

2023, the UN Commission of Inquiry on Ukraine issued its report, in which it concluded that

Russian authorities have violated a wide range of provisions of international human rights law

and international humanitarian law in various regions of Ukraine. According to this report, many

of these violations by Russia amount to war crimes, including deliberate attacks on civilians and

energy-related infrastructure, willful killings, unlawful confinement, torture, rape and other

sexual violence, as well as forced transfers and deportation of children.

The OSCE might also play an important role in this process. On March 30, 2023, 45 OSCE

participating States once again activated the OSCE Moscow Mechanism with regard to Russia,

this time against its violations of international humanitarian law and international human rights

law following Russia’s full-scale war of aggression against Ukraine, particularly with regard to

the forced transfer and deportation of children by the Russian Federation. The previous two

activations happened in 2022 and resulted in substantive reports documenting systematic

violations of human rights and fundamental freedoms, as well as war crimes and crimes against

humanity, all conducted by Russia in Ukraine during its war of aggression against Ukrainian

state and Ukrainian people.

It is important for the OSCE Parliamentary Assembly to also pay very close attention to the

crimes committed in Ukraine and support the engagement of the PA’s Special Rapporteur on

War Crimes in Ukraine, Mr. John Whittingdale, in these matters. It is important to allocate all

available resources to put an end to the atrocities committed by Russian troops in Ukraine,

investigate them, and bring all those responsible to account. The international community must

employ all options available, including the establishment of a special international tribunal, to

prosecute possible war crime against Ukraine. In this context, the agreement to establish the

International Centre for the Prosecution of the Crime of Aggression (ICPA) against Ukraine in

the Hague is a significant step toward international justice. This Centre will be linked to the

existing Joint Investigation Team, supported by Eurojust.

The OSCE Parliamentary Assembly must stand united through its transatlantic co-operation, to

strengthen its support, not only political, financial, humanitarian, but also military. The PA must

also stand in solidarity with the Ukrainian people, who are the victims of aggression. Our

Assembly must relentlessly reiterate its support for Ukraine, peace, and the clear condemnation

of the Russian war of aggression against Ukraine. The OSCE Parliamentary Assembly benefits

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 29: Reports and Draft Resolutions of the Three Committees of the OSCE PA

from and should continue to strongly support the work of the Special Representative for

Parliamentary Dialogue on Ukraine, Vice-President Reinhold Lopatka. In addition, the

framework of the ‘Call for Action – Helsinki +50 Initiative’ has been used multiple times

throughout the year to redefine and reaffirm the role of the OSCE PA in this time of crisis.

At the same time, attention should not be relaxed regarding the illegal detention of Mr. Alexey

Navalny, Mr. Vladimir Kara-Murza, Mr. Ilya Yashin, Mr. Alexei Gorinov, and hundreds of other

political prisoners in Russia, who have been illegally detained and sentenced to long-term

imprisonment for publicly expressing critical views on official policies and practices, including

their opposition to the Russian Federation’s war of aggression against Ukraine. Therefore, the

important work carried by the OSCE PA’s Special Representative on Political Prisoners,

Congressman Steve Cohen, in reporting on the political imprisonment of individuals and their

eventual release and developing policy recommendations aimed at enhancing effective political

freedom throughout the OSCE region should be supported by all members of our Assembly.

Impact of Russian War of Aggression in Ukraine on Security Challenges in the OSCE Area

Russia’s full-scale invasion of Ukraine led to a constantly increasing disruption of the security

order in Europe and beyond. The spillover effect of the war had its consequences on other regions

of the OSCE area. Sources of insecurity are multiplying along the OSCE regions, leading to a

surge of protests and armed conflicts. Therefore, the delegation should carefully pay attention to

the rising tensions and be relentless in pursuing an inclusive and democratic dialogue necessary

for the multidimensional security of all.

Russia’s violation of the UN and the OSCE founding principles did not begin on February 24

last year. There is a long list of Russia’s actions, which have been undermining international

security for a long time. Among others, it includes breaching arms control instruments, violating

the territorial integrity of Ukraine, Georgia and Moldova, systematically violating international

human rights law and international humanitarian law, and weaponizing energy, as well as

distorting history and spreading disinformation and carrying on political repression at home on

an unprecedented scale. In this regard, the Assembly should also continue to support the work

of the Special Representative on Eastern Europe, Dr. Daniela De Ridder.

The Organization needs to pay more attention to its engagement in the South Caucasus region

and seek ways to strengthen and reinvent its capabilities to effectively support peace and stability

in the region. The past year has seen increased tension between Armenia and Azerbaijan, with

fighting and clashes taking place along the state border and servicemen losing their lives or being

wounded, while the movement of persons, vehicles, and cargo through the Lachin Corridor

remains impeded. As tensions persist, the OSCE Parliamentary Assembly should call upon both

parties to respect the ceasefire that was concluded in 2020, to prevent further human suffering

and the undermining of any political negotiations. A comprehensive and sustainable peace treaty

between Armenia and Azerbaijan is fundamental for long-lasting peace and security in the South

Caucasus, and all participating States should collaborate constructively and in good faith to

support both countries in overcoming any remaining obstacles that prevent the realization of this

treaty.

The OSCE participating States and our Organization should not lose its focus on Russia’s

continued occupation of Georgia’s Abkhazia and Tskhinvali region/South Ossetia, which are

also affected by the deteriorating level of regional security. This situation has not seen any

positive developments, and we must continue to lend our efforts to resolve and address these

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 29: Reports and Draft Resolutions of the Three Committees of the OSCE PA

conflicts with all available tools, as well as maintain our support for existing formats, such as

the Geneva International Discussions and the IPRM. We must not forget that Georgia is also

exposed on the front line. Our alertness must remain high, and we must work hand in hand with

all countries of the OSCE regions to ensure that the security level does not deteriorate further by

standing up together as a united and solid front. Vice-President Pere Joan Pons, who is our

Special Representative on South Caucasus, has our full support in these affairs.

Additionally, we must devote attention to the Central Asian region. In addition to the

multifaceted economic and political consequences of Russia’s war of aggression against

Ukraine, countries in this region face multiple challenges, including the Taliban takeover of

Afghanistan, the energy crisis, and domestic and intra-regional disputes. Notably, in 2022 we

witnessed an escalation of violence along the Kyrgyzstan and Tajikistan border and political

unrest in Kazakhstan and Uzbekistan. Central Asian states are currently going through important

reform agenda processes in a very difficult geopolitical situation, and they should have our

support in this.

Moreover, developments in the Western Balkans require OSCE stakeholders’ close attention as

well. Countries in the region demonstrate a lot of positive developments towards the reform

agenda and the EU accession processes, and the OSCE PA should continue supporting them in

this endeavor. The Assembly must continue to recognize and applaud the tremendous number of

actions on the ground of the OSCE field missions.

Furthermore, sources of insecurity are multiplying in the OSCE region, leading to a surge of

protests and armed conflicts. Therefore, every delegation should carefully pay attention to the

rising tension and be relentless in pursuing the inclusive and democratic dialogue necessary for

the multidimensional security of all.

In recent years, the situation with arms control instruments and confidence- and security-building

measures in the OSCE region has been deteriorating. The OSCE, mainly through its Forum for

Security Co-operation, established and advanced a number of various commitment mechanisms

and instruments to create a solid foundation of transparency, peace, and stability, but their

successful implementation is determined by the political will, constructive engagement, good

faith, and the spirit of co-operative security. This is the area where our contribution, as

parliamentarians can be significant in shaping the national agenda and bringing high political

attention to the OSCE and its commitments.

The war in Ukraine, at the same time, strongly demonstrates how women and young people are

facing severe impacts and are the most vulnerable groups in conflicts. The destruction of

infrastructure has left survivor services, healthcare, education, employment opportunities and

other critical forms of support out of reach for many. Our Assembly needs to pay higher attention

to the Women, Peace and Security and Youth, Peace and Security agenda, and widely engage its

parliamentary powers in implementation of the UNSCR 1325 and 2250. The OSCE PA, in recent

years, took a few major steps forward in recognizing the role of youth and women and increasing

their engagement through establishment of OSCE PA Women’ Network and Network of Young

Parliamentarians with the strong support of the Special Representative on Gender Issues Dr.

Hedy Fry and the Special Representative on Youth Engagement Ms. Farah Karimi. It is

important to keep this spirit alive and further promote political participation of these groups and

representation in all decision-making platforms on de-escalation, conflict prevention, mitigation

and other processes.

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 29: Reports and Draft Resolutions of the Three Committees of the OSCE PA

Institutional Challenges of OSCE

Over the years, OSCE participating States have been working to strengthen mutual trust,

transparency and predictability, to mitigate risks, and to promote stability and security in the

OSCE area. Together, we developed a framework of mutually reinforcing arms control

agreements and confidence-building measures, as well as a comprehensive series of

commitments in all three OSCE dimensions, thus strengthening security on the European

continent. However, Russia’s unprovoked war of aggression against Ukraine seriously damaged

the entire OSCE security framework.

The OSCE, as the community of participating States that was mandated to preserve peace and

security in Europe collectively failed to prevent Russia’s war of aggression against Ukraine. The

OSCE conflict cycle toolbox to address conflicts in all their phases – from early warning and

conflict prevention to conflict resolution and post-conflict rehabilitation – is a strong platform to

address conflicts, but it did not prevent Russia’s war of aggression against Ukraine. All relevant

stakeholders - OSCE participating States, the Parliamentary Assembly, and the OSCE executive

structures - must conduct an analysis on why it was not enough and how to improve it. If there

was a lack of political will or comprehensiveness, the OSCE must conduct an analysis on how

to better monitor, strengthen and ensure it.

Furthermore, the participating States and partners of the OSCE must implement a zero-tolerance

governance regarding any violation of the fundamental OSCE principles, including war crimes

and human rights violations. Consequently, our Assembly’s Rules of Procedure need to be

amended in order to ensure that in the case of a violation of the sovereignty and territorial

integrity of an OSCE participating State by another of the OSCE participating States, of OSCE

principles and commitments, and of the Helsinki Final Act, the credentials of the national

parliamentary delegation of the State committing the violation shall be challenged. The OSCE

Parliamentary Assembly should consider developing a sanction mechanism to be applied to the

delegation until there are significant changes in the policy of the violating state.

The very credibility of the organization is at stake. The work of OSCE field missions has long

been weakened by individual participating States unwilling to accept the external and expert

perspectives that the OSCE brought. With the diplomatic deadlock brought by Russia’s war on

Ukraine, and continued stalling of adoption of the Organization’s budget, the OSCE is facing a

genuinely existential crisis. If we expect the OSCE to be a functional organization that continues

to deliver for both the people and authorities of OSCE participating States, it needs effective and

timely funding. Demands for zero growth should be reversed, and more stable financial

processes installed.

The proper functioning of the OSCE is in jeopardy. Diplomatic deadlocks paralyze the work of

the OSCE by blocking the adoption of the Unified Budget and interrupting field missions due to

the reluctance of some participating States to extend their mandates, as observed with the closure

of the office of the OSCE Project Co-ordinator in Ukraine or limiting the mandate of the OSCE

Mission to Moldova to a half-year in contradiction to established practices. The Organization

needs the highest possible political attention and more stable financial processes should be

installed and respected.

The Organization already demonstrated its flexibility in overcoming the procedural challenges.

After the Russian Federation blocked consensus on extending the mandate of the Special

Monitoring Mission and the OSCE Project Co-ordinator in Ukraine, a new support mission was

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 29: Reports and Draft Resolutions of the Three Committees of the OSCE PA

announced thanks to donations from the participating States. This, however,

should not be the

regular practice of the functioning of the OSCE. The Organization needs to have full financial

and political support from all participating States, and we as parliamentarians should invest all

efforts to deliver this important political message.