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 3 E

Original: English

REPORT

FOR THE GENERAL COMMITTEE ON

DEMOCRACY, HUMAN RIGHTS AND

HUMANITARIAN QUESTIONS

Strengthening Regional Security by Fostering

Democratic and Inclusive Societies:

The Role of the OSCE PA

RAPPORTEUR

Mr. Johan Buser

Sweden

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

DEMOCRACY, HUMAN RIGHTS AND HUMANITARIAN QUESTIONS

Rapporteur: Mr. Johan Buser (Sweden)

The world faces major challenges, both new and old. Pandemics, military conflicts, social-

economic inequalities, refugee crises, racism, and harassment against women, against

journalists and against human rights defenders, are just a few of the seriously concerning issues

facing us. While some of us are fortunate to live in countries that generally demonstrate respect

for fundamental freedoms, there is an unfortunately large part of the OSCE space where this is

not the case. Freedoms of opinion and expression, freedom of peaceful assembly, freedom of

association, and freedom of conscience and religion remain aspirations for far too many people

in the OSCE region. Amid widespread disrespect for human rights and fundamental freedoms,

the values and rights enshrined in the Helsinki Final Act and subsequent OSCE documents

serve to remind us that these principles must continue to be the foundation of all societies across

the OSCE region. The OSCE exists to help us all achieve this, and if the organization did not

already exist, we would have to create it.

In the face of such abuse, it is more important than ever that we come together to protect our

shared human rights values. We must continue to raise issues both internationally and in our

own countries and hold our governments accountable. In doing so, the perspective of experts

from human rights defenders and civil society is an important contribution, as demonstrated by

the Civic Solidarity Platform’s 2022 Łódź Declaration.

1. Easing the Suffering of Those Impacted by War

For decades, most of the OSCE space has been pleasantly free of the scourge of war. While we

could not speak of stable peace throughout the OSCE, with several conflicts resulting in regular

loss of life, the widescale humanitarian crisis resulting from Russia’s unprovoked invasion and

war on Ukraine has forced the entire world to readjust to the realities of war. Let there be no

mistake: the blame for this lies entirely with decision makers in the Kremlin. Addressing the

human impact, however, requires commitment and action by all of us.

The toll on civilians has been devastating – 17,994 casualties had been verified by the United

Nations’ Office of the High Commissioner for Human Rights (OHCHR) at the end of 2022,

including 429 children killed and 808 injured. The United Nations acknowledges, however,

that this number represents only a fraction of the actual toll.

Massive destruction of civilian

infrastructure across the country has also decimated essential services, including energy, water

supply, and heating, further compounding the already existing humanitarian crisis. The war has

also caused immense mental trauma, particularly for children, and as a result the World Health

Organization expects that approximately 9.6 million people in Ukraine may have a mental

health condition.

The mass movement of refugees and internally displaced persons, which we saw in the early

days of Russia’s war on Ukraine, has slowed. But it has certainly not stopped, and much support

https://www.civicsolidarity.org/sites/default/files/lodz_declaration_civil_society_2022.pdf

https://reliefweb.int/report/ukraine/ukraine-situation-report-10-feb-2023-enruuk

https://www.who.int/news-room/feature-stories/detail/scaling-up-mental-health-and-psychosocial-services-in-

war-affected-regions--best-practices-from-ukraine

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

is still needed. As highlighted by the OSCE PA’s Ad Hoc Committee on Migration,

neighbouring countries are still experiencing challenges in integrating refugees, against the

background of insufficient human and financial resources. This is a particular challenge when

it comes to the fields of education, health care, employment and social services. We know that

most refugees hope to return to their home in the near future; while finding a scenario in which

safe return is possible should be our top priority, we must do all we can to support those

displaced at the moment.

Particularly when children are involved in mass movements, there is additional responsibility

for authorities to take great care that all movements are in their best interests and are traceable

and transparent. The mounting evidence that Russia has abducted thousands of children and

transferred them, unaccompanied, to Russian territory is deeply disturbing. Such a crime cannot

be met with impunity.

Combatants in war should theoretically benefit from a special legal regime under international

humanitarian law. However, there is mounting evidence of torture and mistreatment of

prisoners of war by the Russian Federation. Abuses of prisoners of war, whether by regular

troops or mercenary groups, are grave breaches of the laws of war, and serve as a further

example of how far the aggressor, Russia, has strayed from internationally accepted norms and

basic humanitarian principles. We should also recognize that Russian authorities are not only

breaching human rights commitments internationally: the crackdown on anti-war protestors,

independent media and political dissent within Russia is seriously concerning.

Russia’s war against Ukraine is not the only conflict-affected area of our region. The situation

along the Armenia-Azerbaijan border also continues to have a real human impact and requires

continued effort to find a lasting peaceful resolution that enables a normalization of relations.

The long-lasting consequences of war can be readily seen in Georgia, where life remains

difficult for thousands who are still impacted on a daily basis, even decades after the guns have

fallen silent. The impact, both physical and psychological, of continued occupation by a foreign

power, is immense and requires greater attention. We must all attempt to learn the lessons of

these tragedies and do our best to apply them and ease the suffering of those currently in war

zones. Similarly, humanitarian crises and the dire human rights situations in some neighbouring

regions to the OSCE, most notably in Afghanistan, Libya, Syria, and Sudan, will inevitably

impact OSCE countries, and we must be prepared to provide whatever support we can. In some

of these tragedies, we must also acknowledge the complicity, and at times even direct

involvement, of OSCE participating States in creating or exacerbating the humanitarian crises.

This includes most notably Russian military engagement in Syria, but also EU co-operation

with Libyan authorities.

The war in Ukraine rages on today, but we must also look to the future. We need appropriate

mechanisms for monitoring and recording of violations of international humanitarian and

human rights law in conflicts, as a starting point for work to hold accountable those responsible

for the war, and for crimes committed in pursuance of the war. This accountability begins with

recognition of the crime of aggression perpetrated by senior Russian state officials but includes

many other war crimes. The International Criminal Court’s (ICC) arrest warrant issued for

Vladimir Putin is a critical step in this regard but is not sufficient. Even his trial and

imprisonment, and the criminal prosecution of other individual perpetrators – either before the

ICC or nationally – is not enough. Importantly, the prosecution of Putin and a few dozen others

https://www.hrw.org/news/2023/02/08/already-complicit-libya-migrant-abuse-eu-doubles-down-support

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

will do virtually nothing to ease the suffering of millions of uprooted people, or the thousands

who have lost loved ones and their homes and livelihoods. We must work to install an

accountability system that puts addressing the challenges faced by the victims of war at the

centre of its focus.

2. Addressing Weakening Faith in Political and Democratic Processes

Virtually all parts of the globe have recently experienced financial difficulties. As the COVID-

19 pandemic and the subsequent cost of living crisis has demonstrated, it is particularly lower

income people that bear the brunt of economic challenges. It is critical that we pay close

attention to the socio-economic consequences of our decisions, both at the national and

international levels. We must do all we can to support those living at the bottom-end of the

income scale if our countries are to maintain social and political stability. The rise of populist

parties, who offer simple-sounding – but largely hollow – solutions are a direct consequence

of our failures to deliver for those who most need our support.

As we parliamentarians know, most policies are complex and require nuanced approaches.

While this is not a popular position and is unlikely to get most of us many votes, it is one we

must proudly advocate if we want people to continue to work through and trust peaceful

democratic political processes. We must continue to demonstrate that reasoned political

discussion is more fruitful for our populations than the alternatives. Socio-economic

disparities, if not seen to be addressed through functioning political systems, can easily result

in broader discontent with political and even democratic processes.

Each of our countries should take time to consider if our democratic and political processes are

delivering effectively and are fit for purpose in the modern era. Systems that may once have

been convenient and appropriate often no longer are. A few examples can help to demonstrate

the level of examination that is needed:

When society was largely agrarian, voting on a weekday often made sense. Election

Day could coincide with convenient processes for buying and selling of produce at

market. However, this is now inconvenient for most of the population in our current

lifestyles; a full workday interrupted by taking the bus, caring for children, and

shopping at the grocery store leaves little time for doing one’s civic duty. Timing and

processes for Election Day should be carefully reconsidered with convenience for our

populations in mind.

When mass information was distributed through a daily printed newspaper or the

nightly newscast, campaign silence periods in the final days of an election often made

sense. They were an effective way to ensure that misinformation that might impact

voters was not distributed in the final hours of an election, or at the very least there was

time for responsible journalists to research, analyze, and correct any such

misinformation. In today’s world, however, any individual with a social media account

can send false accusations to tens of thousands of people instantaneously and at will,

yet campaign silence periods muzzle responsible journalists who may be in a position

to correct such fake news. Regulation of campaign information should be carefully

reconsidered with modern processes in mind.

Much greater depth of thought is needed as to the role of social media in election

campaigns and processes. For example, efforts to apply media regulations to social

ii.

iii.

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

media in campaign environments have proven woefully inappropriate. Whereas some

countries have found it appropriate to require media outlets to present balanced or fair

coverage of candidates, this is very dangerous when applied to individuals on social

media. People must not be stopped from expressing their opinions or preferences.

These are just a few examples of some of the challenges to effective representative democratic

systems brought about by modern lifestyle changes. It is up to politicians, in close consultation

with experts and civil society, to take a careful look at how electoral processes should be

applied so that they fulfil our democratic commitments and the expectations of our modern

populations. The OSCE should undertake an in-depth review that can inform and advise

countries on fulfilling democratic commitments. The OSCE/ODIHR, with arguably one of the

world’s best datasets and reputations for analyzing electoral systems, is very well placed to

support national efforts to adjust electoral systems to the current era. OSCE election

observation reports are an excellent starting point for this process, but it is up to national

authorities to drive the process and take responsibility.

Overall, an open approach to policy formulation, with strong input from civil society remains

critical for a healthy democratic system. The shrinking space for civil society noted in many

countries, including through burdensome state processes and attempts to vilify organizations

through labels such as ‘foreign agents’ or ‘undesirable organizations’, should be recognized as

clear attacks on democratic processes and the rule of law. Similarly, we must – unfortunately –

refocus attention at the increasing problem of political prisoners, as more and more individuals

who express dissent are being locked up by authorities for simply having the courage to express

their opinions.

3. Standing Up for Minorities’ Rights and Vulnerable Groups

The way in which a government treats minority populations and others that may not have

control of the reins of power can serve as a good measure of respect for human rights. Within

the OSCE we are fortunate to have a solid set of commitments protecting national minorities,

and a dedicated and professional institution in the High Commissioner on National Minorities.

However, there are many minority groups within the OSCE that do not technically qualify for

these dedicated protections. Within the OSCE region there are numerous countries where

minorities – whether based on ethnicity, linguistic traditions, religion, sexual orientation or

otherwise – make up a significant part of the population, but lack special protections granted

to other minorities. There may be historical reasons that led to this situation, but such

anachronisms are a poor basis for current policy.

Unfortunately, minority populations in many OSCE participating States not only lack dedicated

protections but are specifically targeted. This includes LGBTI people, religious, racial, and

ethnic minorities and indigenous peoples, who we regularly see face serious threats and

discrimination. For example, the new legislative amendments against LGBTI rights in Russia

further restrict freedom of expression and are once again undermining Russia’s obligations.

The declining respect for minorities’ rights, especially for LGBTI people, and virtual

criminalization of some people’s identities is a serious violation of OSCE principles. We must

not only work to encourage greater tolerance and inclusion within our societies, but should

work towards expansion of protections, to also include a broader set of minority groups in

keeping with modern realities. OSCE participating States should clearly recognise that curbing

the rights of minorities is not only an abuse of human rights but is also a threat to security as

populations become marginalized.

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

The war in Ukraine has resulted in the forced migration of a third of its population, but these

are certainly not the only displaced populations in need of protection. In particular, women,

children, the elderly, and persons with disabilities from across the world continue to be placed

in extremely vulnerable situations when on the move. We must continue to offer protection to

all refugees and offer them the conditions to continue their lives in a dignified way until they

can return to their country, if they so wish. Serious attention must also be paid to the issue of

human trafficking and other forms of exploitation, which continue to pose a threat to people on

the move, and to combatting technology-facilitated trafficking in particular.

4. Impact of Technology and Digitalization on People’s Rights

Recent data indicates that the typical working-age internet user now spends well in excess of

six hours online each day.

So much of our life takes place on or through the internet, including

in particular our personal and professional communications and information acquisition. IT

coding therefore impacts almost all aspects of our lives, literally dictating what we read and

learn, yet most of us in parliament and government have only minimal understanding of how

this works. We must work to increase our own understanding and the understanding of our

populations to ensure that technologies are not misused or applied in ways that run counter to

our principles.

It is quite well understood how social media can have polarizing effects on our populations.

These systems are designed to feed users content that the system expects them to find

appealing, in a feedback loop. The businesses that stand behind these systems can claim to be

neutral regarding content, but as political leaders we cannot be neutral about the impact their

processes are having on the consciousness of our populations. We need to recognize and

respond to the fact that daily interaction with digital systems can impact whether people are

more or less politically polarized, whether people are more or less tolerant of other populations,

whether people are more or less accepting of violence as a means to resolving conflict, etc. In

simplistic terms, we need to learn how to ‘code’ respect for human rights and democratic

principles into digital systems.

Online harassment and abuse – especially of women and of human rights defenders – is a global

problem that crosses borders. Harassment and abuse certainly did not start with the digital era,

but technology has dramatically amplified the damage. If we consider the internet to have been

weaponized to these ends, we must also consider how to “disarm” this sphere and to make this

a safe space for all.

When looking at the impacts of technology and the dangers of mass disinformation, it is always

tempting to take the ‘easy’ approach of regulating disinformation. However, this is simply

another way of saying that we are censoring information. Well-meaning efforts quickly result

in steps that run counter to our basic principles. As the OSCE Representative on Freedom of

the Media and other leading international experts have noted, the human right to impart

information and ideas is not limited to ‘correct’ statements, and prohibitions on disinformation

can violate international human rights standards.

Efforts to address disinformation, and

especially regulatory efforts, must be done with great care and in full accordance with the

https://datareportal.com/reports/digital-2022-october-global-statshot

https://www.osce.org/files/f/documents/6/8/302796.pdf

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

General Principles of this 2017 Joint Declaration on Freedom of Expression and “Fake News”,

Disinformation and Propaganda.

State efforts to counter or regulate disinformation are likely, however, to only serve as stop-gap

measures. Given the mass circulation of information in today’s digitalized world, it is clear that

disinformation is going to remain a part of our lives for a long time to come. Indeed, it is already

impacting our populations, leading to an unhealthy scepticism in which people assert that their

‘feeling’ of truth is more important than verifiable facts. A world in which populations

disbelieve facts simply because they are inconvenient is a very unstable world with severe

human rights and security consequences. We need to work to ensure that educational systems

are robust and re-establish respect for facts and evidence-based reasoning, so that people can

protect themselves from disinformation.

Artificial intelligence, when combined with disinformation efforts, has the potential to cause

serious democratic and human rights challenges for our countries. We have all heard about,

encountered, or maybe even used online AI systems. But do we as parliamentarians have

sufficient understanding of these systems to consider their impact or provide effective

democratic oversight? In a recent open letter signed by thousands of experts in the field, some

of the world’s most prominent IT leaders called for an immediate pause to development of

more powerful AI systems, noting that these “should be developed only once we are confident

that their effects will be positive and their risks will be manageable”.

We can easily imagine a

scenario in which an AI system was used to create one, or dozens of, seemingly legitimate news

site based on disinformation with a particular political agenda. We must ask if our legal

processes are in place to address such attacks on our democracy, and if our populations are

sufficiently well-equipped to defend themselves against such an attack.

https://futureoflife.org/open-letter/pause-giant-ai-experiments/